Cap. 60activeordinance

Import and Export Ordinance

進出口條例

Full legislation

s.13F

Defence related to import of alternative smoking products deemed under section 13E

(1)
It is a defence for a person mentioned in
section 13E(3
)(
b)
who is
                charged under
section 13B
to show that the person took all reasonable
                steps and exercised reasonable diligence to avoid the removal mentioned in
section 13E(2)
.
(2)
Subsection (3) applies if a defence under subsection (1) involves an allegation
                that the offence was committed because
of—
(a)
another person’s act or default; or
(b)
the defendant’s reliance on information given by another person.
(3)
Without the leave of the court, the defendant may not rely on the defence
                unless, at least 10 days before the hearing of the proceedings, the defendant has
                served a written notice on the prosecutor giving particulars
of—
(a)
the person who allegedly committed the act or default, or allegedly gave
                    the information; and
(b)
the act, default or information concerned,
of which the defendant is aware at the time the notice is served.
(4)
The defendant may not rely on a defence under subsection (1) claiming that the
                offence was committed because of the defendant’s reliance on information given by
                another person unless the defendant shows that the reliance was reasonable in all
                the circumstances, having regard in particular
to—
(a)
the steps that the defendant took, and those which might reasonably have
                    been taken, for verifying the information; and
(b)
whether the defendant had any reason to disbelieve the
                    information.