Import and Export Ordinance

(1)
Any person who
knowingly—
(a)
has possession of any article, the carriage of which is restricted under this Ordinance;
(b)
has possession of any article, the export of which is prohibited under any law in force in Hong Kong or is prohibited other than in accordance with a licence issued under this Ordinance;
(c)
assists with the carrying, removing, depositing, harbouring, keeping or concealing of any article, the carriage of which is restricted under this Ordinance;
(d)
assists with the carrying, removing, depositing, harbouring, keeping or concealing of any article, the export of which is prohibited under any law in force in Hong Kong or is prohibited other than in accordance with a licence issued under this Ordinance;
(e)
otherwise deals with any article, the carriage of which is restricted under this Ordinance; or
(f)
otherwise deals with any article, the export of which is prohibited under any law in force in Hong Kong or is prohibited other than in accordance with a licence issued under this Ordinance,
with intent to evade the restriction or prohibition or to assist another person to evade the restriction or prohibition is guilty of an offence and
liable—
(i)
in the case where contravention of the restriction or prohibition is punishable otherwise than as an indictable offence, on conviction to a fine of $500,000 and to imprisonment for 2 years;
(ii)
in the case where contravention of the restriction or prohibition is punishable as an indictable
offence—
(A)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years;
(B)
on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years.
(2)
Any person
who—
(a)
has possession of any article, the carriage of which is restricted under this Ordinance;
(b)
has possession of any article, the export of which is prohibited under any law in force in Hong Kong or is prohibited other than in accordance with a licence issued under this Ordinance;
(c)
assists with the carrying, removing, depositing, harbouring, keeping or concealing of any article, the carriage of which is restricted under this Ordinance;
(d)
assists with the carrying, removing, depositing, harbouring, keeping or concealing of any article, the export of which is prohibited under any law in force in Hong Kong or is prohibited other than in accordance with a licence issued under this Ordinance;
(e)
otherwise deals with any article, the carriage of which is restricted under this Ordinance; or
(f)
otherwise deals with any article, the export of which is prohibited under any law in force in Hong Kong or is prohibited other than in accordance with a licence issued under this Ordinance,
in circumstances that give rise to a reasonable suspicion that there is intent on the part of that person to evade a restriction or prohibition or to assist another person to evade a restriction or prohibition, the first mentioned person will be presumed to have such intent in the absence of evidence to the contrary.