Import and Export Ordinance

(1)
A person shall not, without lawful excuse, place on board, or cause to be placed on board, or possess on board, a vessel within the waters of Hong Kong a prescribed article.
(2)
The owner of a vessel within the waters of Hong Kong shall not permit a prescribed article to be placed on board, or carried on, his vessel without lawful excuse.
(3)
A person shall not, without lawful excuse, use a vessel to carry on board the vessel, or use a vessel to tow on board another vessel, a prescribed article within the waters of Hong Kong.
(4)
A person shall not, without lawful excuse, use a vessel to tow otherwise than on board another vessel a prescribed article within the waters of Hong Kong.
(5)
For the purposes of subsections (1), (2) and (3),
lawful
                        excuse
(
合法辯解
) means the article is placed on
                    board, or carried on, or carried or towed by use of, a
vessel—
(a)
which vessel is of or more than 250 gross tons and the article is for bona fide import or export;
(b)
for delivery to a vessel of or more than 250 gross tons within Hong Kong and the article is for bona fide import or export purposes and is accompanied by a shipping document;
(c)
from another vessel within Hong Kong which is of or more than 250 gross tons and the article is for bona fide import or export purposes and is accompanied by a shipping document;
(d)
which is a passenger vessel of or more than 250 gross tons other than a ferry vessel;
(e)
which is a ferry vessel as defined in
regulation 2
of the Shipping and Port Control (Ferry Terminals) Regulations (
Cap. 313 sub. leg. H
), or as defined in
section 2
of the Merchant Shipping (Local Vessels) (Ferry Terminals) Regulation (
Cap. 548 sub. leg. B
), operating
between—
(Amended
24 of 2005 s. 55
)
(i)
a terminal in Hong Kong and a place in
                            Macao; or
(Amended
31 of 2025 s. 12
)
(ii)
a terminal in Hong Kong and another place in China;
(Amended
64 of 1999 s. 3
;
66 of 2000 s. 3
)
(f)
which is a ferry
vessel—
(i)
(Repealed
24 of 2005 s. 55
)
(ii)
permitted by the Commissioner for Transport under the Ferry Services Ordinance (
Cap. 104
) to ply between 2 or more points within the waters of Hong Kong; and
(iii)
travelling on a permitted route except a route which includes a stopping point on an island other than Hong Kong Island;
(g)
by a passenger, or as part of his baggage, for his own use other than for trade or business, which vessel is a ferry
vessel—
(i)
(Repealed
24 of 2005 s. 55
)
(ii)
permitted by the Commissioner for Transport under the Ferry Services Ordinance (
Cap. 104
) to ply between 2 or more points within the waters of Hong Kong; and
(iii)
travelling on a permitted route;
(h)
by a passenger, or as part of his baggage, for his own use other than for trade or business, which vessel is certificated by the Director of Marine
for—
(i)
Class I vessel under the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (
Cap. 548 sub. leg. D
); or
(ii)
Class II vessel under that Regulation and is permitted to carry passengers under a licence issued under
section 15
or
19
of that Regulation;
(Replaced
24 of 2005 s. 55
)
(i)
under an export licence issued for the purposes of
section 6D(2)
;
(j)
for the personal use of a crew member or a passenger while he is on board the vessel;
(k)
under a carriage licence issued by the Commissioner under the Import and Export (Carriage of Articles) Regulations (
Cap. 60 sub. leg. I
),
and includes possessing a prescribed article on board the vessel in any of the circumstances set out in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k).
(6)
For the purposes of subsection (4),
lawful
                    excuse
(
合法辯解
) means the article is towed by use of a
                vessel, under a carriage licence issued by the Commissioner under the Import and
                Export (Carriage of Articles) Regulations (
Cap. 60 sub. leg.
                    I
).
(7)
Any person who contravenes subsection (1), (2), (3) or (4) shall be guilty of an offence and shall be
liable—
(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.
(8)
In this section, unless the context otherwise
requires—
ferry
                    vessel
(
渡輪船隻
) means a vessel which plies regularly
                for the carriage of passengers and articles between 2 or more points within the
                waters of Hong Kong;
prescribed
                    article
(
訂明物品
) means an article prescribed in the
Schedule
to the Import and Export (Carriage of Articles) Regulations
                    (
Cap. 60 sub. leg. I
);
shipping
                    company
(
航運公司
) means a company that carries on the
                business of transporting articles or arranging transport of articles for import or
                export purposes;
shipping
                        document
(
裝運單據
) means a document issued by a
                    shipping company or its agent in Hong
Kong—
(a)
authorizing the delivery in Hong Kong of imported articles; or
(b)
instructing the master of a vessel in Hong Kong to accept and export articles out of Hong Kong.