AI-assisted research summary: These regulations let the Commissioner issue carriage licences for prescribed articles and require the owner to apply in writing. Anyone carrying a prescribed article must keep the licence with it and show it on demand. Breaching the licence terms or failing to carry/produce the licence is an offence punishable by a $500,000 fine and 2 years’ imprisonment.
Import and Export (Carriage of Articles) Regulations(Cap. 60, section 31)(Enacting provision omitted—E.R. 7 of 2020) [26 April 1991](Format changes—E.R. 7 of 2020) 1. Citation These regulations may be cited as the Import and Export (Carriage of Articles) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—prescribed article (訂明物品) means an article of a description set out in the Schedule.(L.N. 135 of 1994) 3. Articles prescribed for purposes of section 6E of the Ordinance The articles in the Schedule are prescribed for the purposes of section 6E of the Ordinance.(L.N. 135 of 1994) 4. Carriage licences (1) The Commissioner may, on application, issue a carriage licence for the purposes of section 6E of the Ordinance authorizing the carriage of a prescribed article within the waters of Hong Kong and any ancillary land transportation subject to such conditions, restrictions, requirements and directions as the Commissioner may think fit.(2) For the purposes of subregulation (1), the owner of a prescribed article shall apply for a carriage licence in writing specifying—(a) the name, address and occupation or business of the applicant;(b) particulars of the article to be carried, including identifying numbers and description;(c) details of the carrying vessel and of the proposed voyage;(d) whether the article is intended for export and details of any clearances obtained to enable importation at the destination; and(e) such other particulars that the Commissioner may reasonably require to ascertain the bona fides of the shipping arrangements and to identify the applicant, the article, the vessel, transportation arrangements, including any land element of the transportation, and any other persons involved in the transportation of the article.(3) A person who breaches the terms of a carriage licence issued by the Commissioner under subregulation (1) is guilty of an offence and liable on conviction to a fine of $500,000 and to imprisonment for 2 years.(4) Without limiting the discretion of the Commissioner to impose conditions in a carriage licence issued by him under subregulation (1), the Commissioner may impose conditions relating to—(a) the time and method of carriage of the articles, including restrictions on the land element of the transportation;(b) the place of loading and unloading from the vessel;(c) the number and description of the articles covered by the carriage licence; and(d) the vessel on or by which the articles may be carried.(L.N. 135 of 1994) 5. Carriage licence to accompany prescribed article (1) A person who is in possession of a prescribed article while it is being carried in accordance with the terms of a carriage licence issued by the Commissioner under regulation 4(1) shall carry the carriage licence with the prescribed article. (L.N. 135 of 1994)(2) A person who is in possession of a prescribed article while it is being carried in accordance with the terms of a carriage licence issued by the Commissioner under regulation 4(1) shall produce the carriage licence on demand to any police officer or member of the Customs and Excise Service or an authorized officer. (L.N. 135 of 1994)(3) A person who contravenes subregulation (1) or (2) is guilty of an offence and liable on conviction to a fine of $500,000 and to imprisonment for 2 years. 6. (Repealed L.N. 135 of 1994) Schedule [reg. 2](L.N. 135 of 1994) Prescribed Articles Item Description 1-5. (Repealed 33 of 2003 s. 2) 6. Vehicles 7. Vehicle parts 8. Outboard engines exceeding 111.9 kilowatts (150 horsepower) (L.N. 107 of 1992)