Cap 109 s 17 Restrictions on dealing with and possession of certain goods (DUTIABLE COMMODITIES ORDINANCE)

Contents of Section

Chapter:	109	Title:	DUTIABLE COMMODITIES ORDINANCE	Gazette Number:	L.N. 243 of 2000
Section:	17	Heading:	Restrictions on dealing with and possession of certain goods	Version Date:	28/07/2000

(1) No person shall import or export or have in his possession, custody or control, or in any way deal with or dispose of, any goods to which this Ordinance applies-

(a) except in accordance with the provisions of this Ordinance; or (Amended 3 of 1970 s. 36)

(b) unless he has discharged all the obligations with respect to the goods imposed upon him by or under this Ordinance.

(2) No person shall have in his possession, custody or control any goods knowing that in respect thereof an offence against this Ordinance has been committed:
Provided that no person shall be convicted of an offence against this subsection if he proves that when such goods came into his possession, custody or control he had good and sufficient reason to believe that the provisions of this Ordinance relating to the goods had been complied with. (Amended 3 of 1970 s. 36)
(3) A person shall not import goods to which this Ordinance applies except under and in accordance with a licence or an exemption from a licence. (Replaced 46 of 1996 s. 9)
(3A) A person who imports goods to which this Ordinance applies without a licence-

(a) for his own use other than for trade or business and the goods are declared to a member of the Customs and Excise Service; or

(b) as a commercial consignment entered in a manifest,

shall, after import of the goods, immediately apply for-

(i) an import licence, or an import and export licence; and

(ii) a permit. (Replaced 46 of 1996 s. 9)

(3AA) A person shall not-

(a) remove, for the purpose of export, duty-paid goods for which a refund of duty has been applied without a permit; or (Added 46 of 1966 s. 9)

(b) export-

(i)

dut

iable goods; or

(ii)

duty-paid goods for which a refund of duty has been applied,

except under and in accordance with a licence. (Replaced 67 of 1997 s. 2)

(3AB) A person shall not, except under and in accordance with a licence, manufacture-

(a) alcoholic liquor, except as provided in section 64A;

(b) methyl alcohol, tobacco or hydrocarbon oil. (Replaced 57 of 2000 s. 3)

(3AC) A person who contravenes subsection (3), (3A), (3AA) or (3AB) commits an offence. (Added 46 of 1996 s. 9)
(3AD) A person does not require a licence or permit for dutiable goods that are-

(a) exempt from duty under this Ordinance; or

(b) transit cargo or air transhipment cargo. (Added 46 of 1996 s. 9. Amended 29 of 2000 s. 4)

(3AE) The owner, charterer, agent, master or person in charge of a ship, vehicle, train or aircraft importing or exporting goods to which this Ordinance applies does not require a licence if the goods are properly entered in the manifest and the person does not have a legal or equitable interest in the goods. (Added 46 of 1996 s. 9)
(3AF) A person does not require a permit to remove goods to which this Ordinance applies from an aircraft directly to-

(a) a Customs and Excise warehouse;

(b) a general bonded warehouse; or

at the airport. (Added 46 of 1996 s. 9)
(3AG) A person does not require a permit to remove goods to which this Ordinance applies from a train at Kowloon Station of the Kowloon-Canton Railway directly to a Customs and Excise warehouse located at Kowloon Station. (Added 46 of 1996 s. 9)
(3B) Where regulations prohibit the sale or supply of any liquor except on the authority of a prescribed licence or permit, no person shall sell, or advertise or expose for sale, or supply, or possess for sale or supply, such liquor except on the authority of such a licence or permit and in accordance with the terms thereof. (Added 29 of 1989 s. 2)
(4) Subject to section 64A, no person shall manufacture, make, distil, rectify, purify, refine or process any spirit except under and in accordance with a licence. (Added 3 of 1970 s. 10. Amended 57 of 2000 s. 3)
(5) No person shall sell, advertise or expose for sale, or supply, or possess for sale or supply, any goods to which this Ordinance applies as goods of a standard prescribed by regulations, if the goods are not goods of that standard. (Amended 66 of 1986 s. 13)
(6) No person shall have any dutiable goods in his possession, custody or control unless-

(a) he is-

(i) the holder, or the servant of the holder, of a removal or export permit, personally conveying the goods direct from one place, ship, vehicle, train or aircraft to another place, ship, vehicle, train or aircraft in accordance with the permit; or

(ii) the licensee, or the servant of the licensee, of a general bonded warehouse, personally conveying the goods, if imported in a ship, vehicle, train or aircraft and duly entered in the manifest, direct from the ship, vehicle, train or aircraft in which they were imported to the warehouse; or

(b) the goods are-

(i) in a general bonded warehouse, a public bonded warehouse or a licensed warehouse; or (Amended 46 of 1996 s. 9)

(ii) in a place licensed for the manufacture of such goods; or

(iii) (Repealed 46 of 1996 s. 9)

(iv) in a ship, vehicle, train or aircraft, if the goods were imported, or are to be exported, in that ship, vehicle, train or aircraft and are duly entered in the manifest; or (Amended 66 of 1986 s. 13)

(v) in a place approved by the Commissioner under section 28A; or (Added 66 of 1986 s. 13. Amended 29 of 2000 s. 4)

(vi) air transhipment cargo. (Added 29 of 2000 s. 4)

(7) No person, not being authorized so to do by permit or otherwise in accordance with the provisions of this Ordinance, shall remove, deliver or send out any dutiable goods from his stock, custody or possession; nor shall any person take, receive or have in his stock, custody or possession any dutiable goods removed or delivered thereto in contravention of this subsection. (Amended 3 of 1970 s. 36) [cf. 1832 c. 16 s. 10 U.K.]
(8) No person shall, on his own account or on behalf of another, sell, offer for sale or buy any dutiable goods which are in Hong Kong, unless the goods are-

(a) in a general bonded warehouse, a public bonded warehouse or licensed warehouse; or (Amended 46 of 1996 s. 9)

(b) in the place where they were manufactured; or

(d) (Repealed 46 of 1996 s. 9)

(9) The onus of proving that dutiable goods are in course of direct removal from any place, ship, vehicle, train or aircraft to any other place, ship, vehicle, train or aircraft shall be upon the accused.
(10) It shall be no defence to any charge under this section that the possession or control of the accused was a joint possession or control. (Added 66 of 1986 s. 13)
(11) It is a defence to a charge under this section for the defendant to show that the offence was committed without his consent or connivance and that he took all reasonable steps to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions. (Added 46 of 1996 s. 9)