Full legislation
s.31
Power to make regulations
(1)
The Chief Executive in Council may make regulations for all or any of the
following
purposes—
(Amended
66 of 2000 s. 3
)
(a)
prohibiting the import and export of any article;
(b)
prohibiting the import and export of any article except under and in
accordance with the terms and conditions of a licence;
(c)
providing for the issue of licences to import or export any
article;
(ca)
empowering the Director to exempt any person from any requirement to obtain
a licence to import or export any prohibited article;
(Added
50 of 1984 s. 2
)
(cb)
prescribing any article or a class or description of an article the import
or export of which except under and in accordance with a licence is prohibited
under this Ordinance;
(Added
62 of 1993 s. 13
)
(d)
prescribing conditions to be observed by any person before or after the
issue of an import licence or an export licence;
(e)
imposing upon owners of ships, aircraft and vehicles, masters of ships,
commanders of aircraft and persons in charge of vehicles such obligations in
respect of manifests, bills of lading, air waybills, air consignment notes and
such other similar matters as may be necessary for carrying into effect the
provisions of this Ordinance;
(f)
imposing other conditions or restrictions on the import or export of any
article;
(g)
imposing conditions or restrictions on any cargo placed in or on any
vessel, aircraft or vehicle for the purpose of import or export;
(h)
controlling the examination and storage of articles imported or exported or
about to be imported or exported;
(ha)
requiring any person in charge of a vehicle entering or leaving Hong Kong
to give such information in respect of the vehicle as may be necessary for
giving effect to this Ordinance;
(Added
8 of 2007 s. 3
)
(i)
requiring any person importing or exporting any article or any person
involved in the importing or exporting of any article to give any specified
information in respect of the article before or after it has been imported or exported;
(Amended
8 of 2007 s. 3
)
(ia)
empowering the Commissioner or the Director to specify any form or
requirement for giving information required to be given to the Commissioner or
the Director under this Ordinance;
(Added
30 of 1995 s. 11
. Amended
24 of 2002 s. 2
;
8 of 2007 s. 3
)
(j)
regulating the movement within Hong Kong of any article which has been or
is intended to be imported or exported or otherwise dealt with under the
provisions of this Ordinance;
(ja)
providing for the imposition of conditions in the discretion of the
Commissioner on the carriage of articles prescribed by the regulations or by the
Director in accordance with the requirements of this Ordinance on or by vessels
in the waters of Hong Kong including activities incidental to the transportation
on land of the articles to the vessels and loading of such articles on to such
vessels and for the issue of licences by the Commissioner to regulate all such activities;
(Added
22 of 1991 s. 11
. Amended
1 of 1994 s. 16
)
(k)
providing for the issue of certificates in respect of the importing,
exporting, producing, processing, manufacturing and composition of any article
and for conditions which may be attached to such certificate;
(l)
providing for the issue of certificates in respect of preferential customs
tariffs and for conditions which may be attached to such certificate;
(m)
providing for the registration of any person applying for the issue of any
licence or validated production notification, or any person required to lodge a
production notification or any other document under this Ordinance, or any
combination thereof, and for conditions which may be attached to such registration;
(Amended
37 of 1999 s. 6
)
(n)
providing for the registration of any person importing, exporting,
manufacturing, processing, storing, distributing, selling or dealing with any
article in respect of which any licence or validated production notification may
be issued, or in respect of which any production notification or other document
is required to be lodged under this Ordinance, or any combination thereof, and
for the conditions which may be attached to the registration of any such person;
(Amended
37 of 1999 s. 6
)
(o)
providing for the registration of any
premises—
(i)
in respect of which any licence or validated production notification
may be issued, or in respect of which any production notification or other
document is required to be lodged under this Ordinance, or any combination
thereof; or
(ii)
connected with the importing, exporting, manufacture, processing,
storage, distribution, sale or other dealing with any article in respect of
which any licence or validated production notification may be issued, or in
respect of which any production notification or other document is required
to be lodged under this Ordinance, or any combination thereof,
and prescribing any condition upon the registration of such premises;
(Amended
37 of 1999 s. 6
)
(p)
providing for the cancellation, revocation or suspension for any period of
the registration of any person where the Director is satisfied that the person
so registered has contravened any condition of any licence, validated production
notification or other document issued under this Ordinance;
(Amended
37 of 1999 s. 6
)
(q)
providing for the imposition and administration of quota controls in
respect of the import or export of any article;
(r)
providing for the sale or transfer of any quota and for the conditions
under which any quota may be sold or transferred;
(s)
providing for the registration of any person involved in any dealing with
an article on which any quota control is imposed and the transfer of any such
registration from one person to another;
(t)
requiring importers, exporters, carriers, owners and manufacturers to
furnish to the Director or any other specified public officer information for
the purpose of compiling statistics of trade with any person or body of persons,
corporate or unincorporate, carrying on business or other activities outside
Hong Kong;
(Amended
23 of 1998 s. 2
)
(u)
prohibiting or controlling the publication or disclosure of information or
particulars furnished to the Commissioner or the Director, an authorized
officer, an appointed officer or a member of the Customs and Excise Service
under this Ordinance;
(ua)
controlling the use of a security device issued by a specified body for
authenticating information to be sent for the purposes of this Ordinance using
services provided by a specified body;
(Added
30 of 1995 s. 11
)
(ub)
prohibiting the unauthorized sending of information for the purposes of
this Ordinance by a specified agent on behalf of a person using services
provided by a specified body;
(Added
30 of 1995 s. 11
)
(v)
providing for the verification of any particulars or information required
to be furnished by any person under this Ordinance;
(w)
providing that any person who fails to submit any document or furnish any
information to the Commissioner or the Director or other specified public
officer within a prescribed period of time shall be liable to pay a prescribed
sum of money, which sum shall be a civil debt due to and recoverable by the Government;
(Amended
66 of 2000 s. 3
)
(wa)
empowering the Commissioner to grant exemptions from any requirements of
the regulations respecting the furnishing of information to the Commissioner;
(Added
8 of 2007 s. 3
)
(x)
prescribing fees to be collected by the Commissioner or the Director in
respect of any matter arising under this Ordinance and generally to prescribe
the mode and time of payment of such fees;
(xa)
without limiting paragraph (x), prescribing fees to be collected by the
Commissioner in respect of any information transmitted using the specified
system, and generally to prescribe the mode and time of payment of such fees;
(Added
30 of 2025 s. 18
)
(y)
empowering the Director to determine the form of any licence and any
undertaking required under this Ordinance;
(z)
providing that the Director-General of Trade and Industry may, by notice
published in the Gazette, amend the
Schedule
to any regulation made
under this Ordinance, other than a
Schedule
or a part of a
Schedule
referred to in
section 6B(1)
or
6F
;
(Amended
L.N. 292 of 1989
;
1 of 1994 s. 16
;
L.N.
173 of 2000
)
(za)
requiring any person to whom a licence has been issued to keep such records
or documents as may be prescribed or as the Director may determine;
(Added
3 of 1973 s. 3
)
(zb)
providing for any matter required or permitted by Part IIA to be prescribed
by or provided for in the regulations;
(Added
37 of 1999 s. 6
)
(zc)
without prejudice to the generality of paragraph (z), specifying any matter
referred to in paragraph (zb) in a
Schedule
to any regulation made
under this Ordinance, and providing that the Director-General of Trade and
Industry may, by order published in the Gazette, amend that
Schedule
;
(Added
37 of 1999 s. 6
. Amended
L.N. 173 of 2000
)
(zd)
empowering the Director to determine a process to be the process of
manufacturing any specified textiles for the purposes of the definition of
production
in
section 6AA(1)
;
(Added
37 of 1999 s. 6
)
(ze)
empowering the Director to specify a particular as material for the
purposes of the definition of
material
particular
in
section 6AA(1)
;
(Added
37 of 1999 s. 6
)
(aa)
levying, with or without exception or exemption, a charge on persons or any
category of persons who furnish particulars pursuant to any regulation made
under this section, and prescribing the amount or method of ascertaining the
amount of such charge and the mode and time of payment
thereof;
(ab)
imposing or providing for the imposition of a pecuniary penalty,
recoverable civilly, on any person who, being required under any regulation made
under this Ordinance to lodge a declaration with the Commissioner in connexion
with the import or export of any article, fails to lodge such a declaration or
fails to lodge such a declaration within a prescribed period of time;
(ac)
empowering the Commissioner to waive the payment of any pecuniary penalty
imposed under regulations made under paragraph (ab) and to refund any such
pecuniary penalty which has been paid;
(ad)
empowering the Director to require an applicant for a licence to deposit
with him, before the issue of a licence, such sum of money as the Director may
specify;
(ae)
providing for the forfeiture to the Government by a magistrate of all or
any of the sum of money deposited under regulations made under paragraph (ad);
(Amended
66 of 2000 s. 3
)
(af)
prescribing any thing which is to be or may be prescribed under this
Ordinance; and
(ag)
generally for the better carrying out of the provisions and purposes of
this Ordinance.
(Amended
L.N. 294 of
1982
)
(1A)
Regulations made for the purposes of subsection
(1
)(
x)
or (aa) may
provide that any fee or charge payable in connection with information that is sent
using services provided by a specified body shall be paid in such manner as may be
agreed between the Government and the specified body.
(Added
24 of 2002 s. 2
)
(1B)
Regulations made for the purposes of subsection
(1
)(
x)
, (xa) or (aa)
may provide that any fee or charge payable in connection with information that is
transmitted using the specified system must be paid in the manner specified by the
Commissioner.
(Added
30 of 2025 s. 18
)
(2)
Subject to subsection (3), regulations made under this section may provide that
a contravention of any such regulation shall be an offence and may prescribe
penalties therefor.
(3)
Regulations made under this section may prescribe that a contravention or
breach thereof shall be punishable by a fine not exceeding $500,000 and imprisonment
for a term not exceeding 2 years.
(Amended
60 of 1980 s. 5
)
(4)
No regulation made under subsection
(1
)(
aa)
, (ab), (ac), (ad) or
(ae) shall come into operation until it has been approved by resolution of the
Legislative Council.
(Amended
L.N. 150 of 2014
)