### Protection of Non-Government Certificates of Origin Ordinance 《非政府簽發產地來源證保障條例》

2. Interpretation
In this Ordinance, unless the context otherwise requires—
approved body (認可機構) means a body specified in the Schedule; (Added 14 of 1990 s. 2)
authorized officer (獲授權人員) means an officer of the Customs and Excise Department authorized in writing by the Commissioner to carry out duties under this Ordinance; (Replaced L.N. 294 of 1982)
certificate of origin (產地來源證) means a certificate of origin issued under section 3;
Commissioner (關長) means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and Excise; (Replaced L.N. 294 of 1982. Amended 65 of 2000 s. 3)
country or territory of destination (目的國家或地區) means the final country or territory of destination declared on a certificate of origin; (Added 14 of 1990 s. 2. Amended 65 of 2000 s. 3)
domestic premises (住用處所) means premises or place used exclusively for residential purposes and constituting a separate household unit; (Added 14 of 1990 s. 2)
information (資料) has the meaning given to that term by section 2(1) of the Electronic Transactions Ordinance (Cap. 553); (Added 24 of 2002 s. 5)
register (登記冊) means any register maintained by any approved body under section 5; (Amended 14 of 1990 s. 10)
security device (保安裝置) means a device issued to a person to be used for authenticating that person as the sender of information using services provided by a specified body; (Added 38 of 1999 s. 2. Amended 24 of 2002 s. 5)
services provided by a specified body (指明團體所提供的服務) means information technology services for the transmission of information to and from an approved body under this Ordinance, provided by a specified body; (Added 38 of 1999 s. 2)
specified agent (指明代理人) has the same meaning as in section 2 of the Import and Export Ordinance (Cap. 60); (Added 38 of 1999 s. 2)
specified body (指明團體) has the same meaning as in section 2 of the Import and Export Ordinance (Cap. 60). (Added 38 of 1999 s. 2)
(Amended 14 of 1990 s. 2)

### Protection of Non-Government Certificates of Origin Ordinance 《非政府簽發產地來源證保障條例》

2A. Presumption regarding information sent using services provided by specified body
(1) Where information received by an approved body 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 an approved body and sent using services provided by a specified body was sent by a specified agent who has obtained an authorization in accordance with section 2C—
(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. 5)

2B. 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 an approved body 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 an approved body under this Ordinance using services provided by a specified body.
(Added 38 of 1999 s. 3. Amended 24 of 2002 s. 5)

2C. 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 38 of 1999 s. 3)

### Protection of Non-Government Certificates of Origin Ordinance 《非政府簽發產地來源證保障條例》

3. Power to issue certificates
(1) Any approved body may issue a certificate of origin in respect of any article manufactured, processed or produced in Hong Kong or elsewhere that has been or is to be exported or re-exported from Hong Kong.
(2) Such certificate of origin may specify or contain—
(a) the manner in which the article has been manufactured, processed or produced;
(b) particulars of the persons concerned in the manufacture, processing, production or exportation of the article;
(c) particulars with respect to—
(i) the origin of the article to which the certificate of origin relates;
(ii) the materials or parts of which the article is composed or which were used during the manufacture, processing or production of the article;
(iii) the method of shipment of the article; or
(iv) the manufacturing costs of the article; and (Added 14 of 1990 s. 3)
(d) such other details as may—
(i) identify the article;
(ii) generally facilitate its importation into any country or territory; or
(iii) support the claim of the article to tariff preference in the country or territory of destination. (Added 14 of 1990 s. 3)
(3) A certificate of origin shall be—
(a) issued on paper or using services provided by a specified body;
(b) in such form as the approved body issuing the certificate may specify; and
(c) subject to such conditions as the approved body may endorse in the certificate. (Replaced 38 of 1999 s. 4)
(Amended 14 of 1990 ss. 3 & 10; 65 of 2000 s. 3)

### Protection of Non-Government Certificates of Origin Ordinance 《非政府簽發產地來源證保障條例》

4. Discretion to refuse to issue or to revoke certificates of origin
(1) Any approved body may, without assigning any reason therefor—
(a) refuse to issue a certificate of origin;
(b) impose such conditions on the issue of any certificate of origin or in respect of any class or type of goods for which a certificate of origin may be issued as it may think fit; and
(c) revoke any certificate of origin.
(2) Without prejudice to the generality of subsection (1)(a), any approved body may refuse to issue a certificate of origin unless the name of the applicant therefor is registered with it under section 5.
(3) An approved body which has revoked a certificate of origin shall, by notice in writing served either personally or by registered post, or by notice sent using services provided by a specified body, inform any person who it has reason to believe may have in his possession or control the certificate of origin or any copy thereof, of the revocation of such certificate. (Added 54 of 1970 s. 2. Amended 38 of 1999 s. 5)
(4) Any person who—
(a) having been informed under subsection (3) by an approved body of the revocation of a certificate of origin; and
(b) having in his possession or control such certificate of origin or any copy thereof,
fails forthwith to surrender the certificate or copy issued on paper to the approved body commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months. (Added 54 of 1970 s. 2. Amended 38 of 1999 s. 5; E.R. 6 of 2022)
(Amended 14 of 1990 ss. 4 & 10)