### Industrial Training (Clothing Industry) Ordinance 《工業訓練(製衣業)條例》

30. Furnishing of information and production of documents
(1) Every person who is concerned (whether as manufacturer or exporter, or in any other capacity) with the manufacture or export of clothing items shall—
(a) provide the Commissioner, or an authorized officer, within such time and in such form as the Commissioner or such officer may specify, with such information relating to the manufacture or export of clothing items, or the name and address of the person for or by whom the clothing items are manufactured or exported, as the Commissioner or such officer may require;
(b) on being so required by the Commissioner or such officer produce or cause to be produced any documents or records in his possession relating to the manufacture or export of clothing items for inspection by the Commissioner or such officer and permit the Commissioner or such officer to take copies or make extracts from them or to remove them from his possession for a reasonable period. (Amended L.N. 294 of 1982)
(2) Subject to subsection (3), no person shall disclose otherwise than to the Commissioner, or to a public officer employed by the Customs and Excise Department in his official capacity, any information provided or obtained under subsection (1) (including information obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (Amended L.N. 294 of 1982)
(3) Subsection (2) does not apply—
(a) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of manufacturers or exporters of clothing items if the summary is so framed as not to enable particulars relating to the business of any particular manufacturer or exporter to be ascertained from it; or
(b) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the purposes of any report of such proceedings.
(4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 1 of 2023)
(5) Any person who intentionally discloses any information in contravention of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 1 of 2023)

### Industrial Training (Clothing Industry) Ordinance 《工業訓練(製衣業)條例》

30A. Presumption regarding information sent using services provided by specified body
(1) Where information received by the Commissioner was sent using services provided by a specified body, evidence which shows that the identity of the sender of the information was authenticated by the use of a security device is, in the absence of evidence to the contrary—
(a) proof that the person issued with the security device furnished the information; and
(b) proof that the person issued with the security device made a statement or declaration contained in the information.
(2) Where information received by the Commissioner and sent using services provided by a specified body was sent by a specified agent who has obtained an authorization in accordance with section 30C—
(a) a person named in the information as the person who furnished the information is, in the absence of evidence to the contrary, regarded for the purposes of this Ordinance as the person who furnished the information; and
(b) a person named in the information as the person who made a statement or declaration contained in the information is, in the absence of evidence to the contrary, regarded for the purposes of this Ordinance as the person who made the statement or declaration.
(Replaced 24 of 2002 s. 4)

30B. Safekeeping of security device
A person who has been issued with a security device—
(a) shall not authorize or allow any other person to use the device in connection with the sending of information to the Commissioner under this Ordinance using services provided by a specified body;
(b) shall take all reasonable steps and exercise due diligence to prevent any other person from using the device in connection with the sending of information to the Commissioner under this Ordinance using services provided by a specified body.
(Added 31 of 1995 s. 6. Amended 24 of 2002 s. 4)

30C. Duty of specified agent
A specified agent shall not send any information on behalf of a person using services provided by a specified body unless the specified agent has obtained from the person an authorization in writing to do so.
(Added 31 of 1995 s. 6)

31. Evidence by certificate
A certificate purporting to be signed by the Commissioner or an authorized officer— (Amended L.N. 294 of 1982)
(a) that any declaration required to be lodged under section 23 has or has not been lodged or has or has not been lodged at any date;
(b) that any notice required by or under this Ordinance has or has not been given or has or has not been given at any date; or
(c) that any amount of levy or surcharge due under this Ordinance has not been paid,
shall be sufficient evidence of that fact until the contrary is proved.

### Industrial Training (Clothing Industry) Ordinance 《工業訓練(製衣業)條例》

31A. Certificate of record of information sent using services provided by specified body
(1) A document purporting—
(a) to be a copy of the record of any information sent using services provided by a specified body and produced from one of the Commissioner’s computer systems; and
(b) to be certified by the Commissioner,
shall be admitted in any proceedings under this Ordinance before a court or magistrate on its production without further proof.
(2) Where a document is produced and admitted as evidence under subsection (1)—
(a) the court or magistrate before which it is produced shall, until the contrary is proved, presume—
(i) that it was certified under subsection (1)(b);
(ii) that the document is a true copy of the record of information so sent; and
(iii) that the record was duly made at the time referred to in the document; and
(b) the document is evidence of the contents of the information sent by the sender using the services provided by the specified body.
(3) Where a document is produced and admitted as evidence under subsection (1), the court or magistrate may, if it or he thinks fit, on its or his own motion or on the application of any party to the proceedings, summon the person who certified the document and examine him as to its subject-matter.
(Added 31 of 1995 s. 6)

32. Authentication, and production in evidence of documents
(1) Any notice or other document given or issued by the Authority may be signed by an officer of the Authority, authorized by the Authority for the purposes of this subsection.
(2) Any document purporting to be a notice or other document given or issued by the Authority and purporting to be signed by an officer of the Authority authorized under subsection (1) shall be received in evidence and shall until the contrary is proved be deemed to be such a notice or other document.