### Import and Export Ordinance 《進出口條例》

13E. Exemption for articles in transit and certain transhipment cargoes
(1) Section 13B does not apply in relation to an alternative smoking product that is—
(a) an article in transit;
(b) an air transhipment cargo; or
(c) a specified intermodal transhipment cargo imported by a registered operator.
(2) However, section 13B does apply in relation to an alternative smoking product mentioned in subsection (1) if, at any time between its being brought into and taken out of Hong Kong—
(a) for an article in transit on an aircraft—the product is removed from the aircraft other than in the cargo transhipment area of Hong Kong International Airport;
(b) for an article in transit in a vessel—the product is removed from the vessel;
(c) for an air transhipment cargo—the product is removed from the cargo transhipment area of Hong Kong International Airport; or
(d) for a specified intermodal transhipment cargo—
(i) if the product has not entered the cargo transhipment area of Hong Kong International Airport or an area specified under section 13I(1) (each a specified area

13F. Defence related to import of alternative smoking products deemed under section 13E
(1) It is a defence for a person mentioned in section 13E(3)(b) who is charged under section 13B to show that the person took all reasonable steps and exercised reasonable diligence to avoid the removal mentioned in section 13E(2).
(2) Subsection (3) applies if a defence under subsection (1) involves an allegation that the offence was committed because of—
(a) another person’s act or default; or
(b) the defendant’s reliance on information given by another person.
(3) Without the leave of the court, the defendant may not rely on the defence unless, at least 10 days before the hearing of the proceedings, the defendant has served a written notice on the prosecutor giving particulars of—
(a) the person who allegedly committed the act or default, or allegedly gave the information; and
(b) the act, default or information concerned,
of which the defendant is aware at the time the notice is served.
(4) The defendant may not rely on a defence under subsection (1) claiming that the offence was committed because of the defendant’s reliance on information given by another person unless the defendant shows that the reliance was reasonable in all the circumstances, having regard in particular to—
(a) the steps that the defendant took, and those which might reasonably have been taken, for verifying the information; and
(b) whether the defendant had any reason to disbelieve the information.

### Import and Export Ordinance 《進出口條例》

13G. Import of specified intermodal transhipment cargoes: registration as registered operator
(1) A person who intends to import any articles in reliance on an exemption under section 13E(1)(c) may, in accordance with the practice guidelines and in the form specified under subsection (9), apply to the Commissioner for registration as a registered operator.
(2) The Commissioner may—
(a) approve an application made under subsection (1); or
(b) refuse the application.
(3) After determining an application made under subsection (1), the Commissioner must, as soon as practicable, inform the applicant in writing of—
(a) if the application is approved—
(i) the approval; and
(ii) the date on which the registration is to take effect; or
(b) if the application is refused—
(i) the refusal; and
(ii) the reasons for the refusal.
(4) If the Commissioner is satisfied that a person is no longer fit to be a registered operator, the Commissioner may by written notice given to the person—
(a) cancel the registration; or
(b) suspend the registration.
(5) For the purposes of subsection (4)(b), the Commissioner may—
(a) determine a period the Commissioner considers appropriate so that a registration suspended under that subsection has no effect for the period; or
(b) impose any terms or conditions the Commissioner considers appropriate so that a registration suspended under that subsection has no effect until the Commissioner is satisfied that the terms or conditions are complied with.
(6) If the Commissioner decides to cancel or suspend under subsection (4) a person’s registration, the Commissioner must, as soon as practicable after so deciding, inform the person in writing of—
(a) if the registration is cancelled—
(i) the cancellation;
(ii) the reasons for the cancellation; and
(iii) the date on which the cancellation is to take effect; or
(b) if the registration is suspended—
(i) the suspension;
(ii) the reasons for the suspension; and
(iii) the period, or terms or conditions, mentioned in subsection (5).
(7) The Commissioner—
(a) in considering an application made by a person under subsection (1); or
(b) in considering for the purposes of subsection (4) whether a person is no longer fit to be a registered operator,
may have regard to any matters that the Commissioner considers relevant, including whether the person has contravened any practice guidelines.
(8) For determining for the purposes of subsection (7) whether a person has contravened any practice guidelines, the Commissioner—
(a) may by written notice given to the person require the person to provide any information that is specified in the notice; and
(b) may at any reasonable time inspect any vehicle or vessel that the person intends to use as a business vehicle or business vessel.
(9) The Commissioner may specify the form required for the purposes of this section.

### Import and Export Ordinance 《進出口條例》

13H. Import of specified intermodal transhipment cargoes: issue of guidelines
(1) The Commissioner may issue guidelines setting out—
(a) the manner in which an application under section 13G(1) must be made;
(b) the requirements that a registered operator’s business vehicle or business vessel must meet;
(c) the manner in which any articles intended to be imported in reliance on an exemption under section 13E(1)(c) must be transported, stored and otherwise handled before being transferred to an aircraft for export; and
(d) any other matters that the Commissioner considers relevant to the import of any articles in reliance on that exemption.
(2) The Commissioner—
(a) must publish the practice guidelines in a manner appropriate to bring them to the notice of persons affected by them; and
(b) must make copies of the practice guidelines available to the public (whether in hard copy form or electronic form).
(3) The practice guidelines are not subsidiary legislation.
(4) The Commissioner may amend or revoke any of the practice guidelines.
(5) Subsections (2) and (3) apply to an amendment or revocation of the practice guidelines in the same way as they apply to the practice guidelines.

13I. Import of specified intermodal transhipment cargoes: area specified for section 13E
(1) The Commissioner may, after consultation with the Airport Authority, by notice published in the Gazette specify an area for the purposes of section 13E(2)(d).
(2) A notice published under subsection (1) is not subsidiary legislation.

13J. Relationship with Pharmacy and Poisons Ordinance
(1) This Part does not limit the Pharmacy and Poisons Ordinance (Cap. 138).
(2) If an alternative smoking product is registered as a pharmaceutical product under regulation 36 of the Pharmacy and Poisons Regulations (Cap. 138 sub. leg. A), other provisions of this Part do not apply in relation to the product.

13K. Exemption for persons in transit at Hong Kong International Airport
Section 13B does not apply to a person who—
(a) arrives at the Hong Kong International Airport from a place outside Hong Kong; and
(b) while in Hong Kong, does not pass through any immigration control.

13L. Exemption for Government Chemists
Despite section 13B, a Government Chemist (as defined by section 2 of the Evidence Ordinance (Cap. 8)) may import an alternative smoking product so far as it is necessary for the performance of the Government Chemist’s functions.

13M. Meaning of inspector
In this Division—
inspector (督察) means a public officer referred to in section 13P.