Cap. 60activeordinance

Import and Export Ordinance

進出口條例

Full legislation

s.20B

Requirement that articles may be removed from vessel etc. for examination

(1)
Where any article is upon any vessel, aircraft or vehicle for importation into Hong Kong and an officer desires, in the exercise of his functions under
section 20
, to examine such article, but he is of the opinion that such article can be more conveniently examined after it has been removed from such vessel, aircraft or vehicle, he may give notice to the consignee of the article, or, in the case of an article in transit being a prohibited article, to the owner of the vessel, aircraft or vehicle, requiring the article to be removed for examination to premises specified in the notice, being premises nominated by the consignee or such owner, as the case may be.
(2)
A copy of any notice given under subsection (1) shall, where the goods are to be removed to premises occupied by a person other than the consignee or such owner, as the case may be, be given also to the person occupying such premises.
(3)
The consignee or such owner, as the case may be, and, in the event of a copy of the notice being served upon any occupier under subsection (2), the occupier, shall not remove, or permit the removal of, the article from the premises specified in the notice given under subsection (1)
until—
(a)
the article has been examined by an officer in accordance with the powers vested in such officer under
section 20
; or
(b)
an officer has informed such consignee, owner or occupier in writing that such examination is unnecessary.
(4)
Where an article is removed to any premises pursuant to a notice given under subsection (1), it shall be the duty
of—
(a)
every person in control of such premises to permit an officer to have access to the article and to examine it in accordance with the powers vested in such officer under
section 20
; and
(b)
the Commissioner to ensure that such examination is made as soon as reasonably practicable.
(5)
It may be the condition of any notice given under subsection (1) that the article shall, at all times until it is examined by an officer under
section 20
, be guarded by an officer and if there is such a condition, an officer may enter upon any place where the article is and take such measures as are reasonably necessary to protect the article from interference.
(6)
Any notice, notification or information of any kind under this section or
section 20A
shall contain or include such information and be given in such manner as may be prescribed.
(Replaced
24 of 2002 s. 2
)