### Import and Export (General) Regulations 《進出口(一般)規例》

5AC. Method of making application and power to call for evidence in support
(1) Any person or group of persons who wish to be entered upon the register maintained under regulation 5AB or who wish to be issued with or lodge a relevant document shall apply to the Director in such manner and in such form as the Director may determine.
(2) For the purposes of registration or continuation of registration or the issue or lodging of a relevant document, the Director or an appointed officer may require an applicant to maintain or to furnish in such form as he may provide such records or information as he may specify relating to the manufacture, processing or production and sale of goods by such applicant whether or not such goods have been exported or are to be exported and whether or not such goods are included or have been included or are to be included on any relevant document.
(3) As a condition precedent to registration and as a condition of continuation of registration the Director may require an applicant to give such undertaking as to the conduct of his business as the Director may require.

5AD. Restrictions on publication of information obtained under regulation 5AC
(1) No person shall publish any information obtained by the Director or an appointed officer under regulation 5AC which information discloses the identity of any person or the nature of any goods manufactured, processed, produced, sold or exported by any person, unless the Director gives permission for publication of the information.
(2) The Director shall not give permission for the publication of any information under paragraph (1) unless—
(a) publication is limited to the name and address of the person identifiable by the information or to whom the information relates and the fact that he is engaged in the manufacture, processing, production, sale or exportation of a particular product, and is made for the purpose of replying to a trade inquiry; or
(b) in the opinion of the Director, such publication is desirable for the purposes of—
(i) enforcing a provision of these regulations;
(ii) investigating a suspected offence against these regulations; or
(iii) investigating a suspected offence in respect of a relevant document, or an application for or use of it; or
(c) the person identifiable by the information or to whom the information relates consents in writing to publication of the information.
(3) This regulation is subject to any provisions in any other Ordinances that allow the release of information for purposes permitted under those Ordinances.

### Import and Export (General) Regulations 《進出口(一般)規例》

5AE. Records to be kept and inspection
(1) Without prejudice to regulation 5AC(2), a person whose name is entered in a register maintained under regulation 5AB shall keep—
(a) accurate and up-to-date records containing particulars of—
(i) wages paid to his employees;
(ii) purchases of materials used in the manufacture, processing or production of any article;
(iii) the use of any such materials;
(iv) the daily production of articles manufactured, processed or produced by him;
(v) sales of articles manufactured, processed or produced by him or another person for him and his stock of such articles;
(vi) any work, being work consisting of the manufacture, processing or production of any article, being carried out for him by another person; and
(vii) cash and bank receipts and payments;
(b) purchase invoices of raw materials and components used in the production of the article specified in a relevant document; and
(c) such other records and documents as the Director may require.
(2) The record containing particulars of wages paid to employees shall contain an acknowledgment by each employee of the receipt of his wages.
(3) Any record kept under paragraph (1) shall be retained by such person for not less than 2 years after it is made.

5A. Textiles trader registration
(1) If the Director is satisfied that a person is carrying on business as a textiles trader in the manner set out in Schedule 4, the Director may, on the application of the person in the form approved by the Director, and having regard to the person’s compliance with the Ordinance, the Trade Descriptions Ordinance (Cap. 362) and directions issued under either of those Ordinances, register the person as a textiles trader.
(2) The Director may by notice in writing cancel, revoke or suspend a registration made under paragraph (1).
(3) The Director may serve notice of the cancellation, revocation or suspension of registration on the person formerly registered as a textiles trader and the person shall be deemed to be served with the notice if it—
(a) is delivered to the person personally; or
(b) is addressed to him and left at or forwarded by registered post to him at his usual or last known place of abode or business.
(L.N. 111 of 1993; E.R. 1 of 2012)

### Import and Export (General) Regulations 《進出口(一般)規例》

6C. Certain requirements deemed complied with if manifest lodged with Commissioner using services provided by a specified body
The requirements under regulation 6B(3) or 6BB(3) are deemed to have been complied with if— (L.N. 43 of 2011)
(a) regulation 11 or 12 (as the case may be) of the Import and Export (Registration) Regulations (Cap. 60 sub. leg. E) has been complied with in relation to the importing vessel, aircraft or vehicle or exporting vessel, aircraft or vehicle (as the case may be) by the manifest having been lodged with the Commissioner, or with an officer appointed by the Commissioner, using services provided by a specified body; and
(b) the manifest contains the reference number as informed within the meaning of regulation 6B(2)(c)(ii) or 6BB(2)(c)(ii) (as the case may be). (L.N. 43 of 2011)
(L.N. 93 of 2003)

### Import and Export (General) Regulations 《進出口(一般)規例》

6D. Commissioner etc. to have access to notifications delivered to Director
The Commissioner, an authorized officer or a member of the Customs and Excise Service of or above the rank of Inspector shall have access to any information contained in an import, export or transhipment notification that has been delivered under these regulations to the Director.
(L.N. 93 of 2003)

6DAA. Endorsement on transhipment notification
(1) A person who intends to rely on an exemption under regulation 6(1)(ba) in respect of a specified article to be imported or exported as transhipment cargo shall—
(a) complete a transhipment notification in respect of the specified article; and
(b) deliver the completed notification to the Commissioner for endorsement.
(2) On receipt of a completed notification, the Commissioner or an authorized officer shall as soon as reasonably practicable—
(a) assign a reference number to the notification for the purpose of identifying the notification;
(b) endorse on the notification if—
(i) all information required to be given in the notification has been given; and
(ii) the Commissioner or authorized officer is satisfied that the specified article is transhipment cargo; and
(c) return the notification endorsed under subparagraph (b) to the person referred to in paragraph (1).

6DAB. Import carrier not to release transhipment cargo without transhipment notification
(1) This regulation applies where a specified article is imported as transhipment cargo in or on any vessel, aircraft or vehicle in reliance on an exemption under regulation 6(1)(ba).
(2) An import carrier shall retain possession of a specified article until he has received a transhipment notification endorsed under regulation 6DAA(2) in respect of the specified article.
(3) Any person who contravenes paragraph (2) commits an offence and is liable on conviction to a fine of $500,000 and to imprisonment for 1 year.