Import and Export Ordinance

(1)
In this section and
section 6B
,
Regulations
(
規例
) means the Import and Export (Strategic
                Commodities) Regulations (
Cap. 60 sub. leg. G
).
(2)
A person who imports or exports an article specified in
Schedule 1
to the Regulations except under and in accordance with an import or export licence issued by the Director commits an offence and is
liable—
(a)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years; and
(b)
on conviction on indictment to an unlimited fine and to imprisonment for 7 years.
(3)
Subsection (2) does not apply
to—
(a)
an article in transit except an article specified in
Schedule 2
to the Regulations;
(b)
an article of air transhipment cargo, except an article specified in
Schedule 2
to the Regulations, which is imported or exported by a person to whom an exemption has been granted under
regulation 2A
of the Regulations with respect to the transhipment of that article.
(Amended
29 of 2000 s. 2
)
(4)
A person who imports or exports an article specified in
Schedule 3
to the Regulations or any technological document containing information relating to an article specified in
Schedule 3
to the Regulations, except under and in accordance with an import or export licence issued by the
Director—
(a)
if he knows that the article or document is intended or likely to be used in an activity specified in
Schedule 4
to the Regulations; or
(b)
if there are reasonable grounds for him to believe that the article or document may be used in such an activity,
commits an offence and is
liable—
(i)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years; and
(ii)
on conviction on indictment to an unlimited fine and to imprisonment for 7 years.
(5)
It is a defence to a charge under subsection
(4
)(
b)
for the person charged to prove that he made all reasonable enquiries as to the intended use of the article or document and satisfied himself that it would not be used for an activity specified in
Schedule 4
to the Regulations.