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

5. Power to maintain register
(1) Any approved body may maintain a register or registers in such form and manner as it may think fit containing the names and addresses of such persons as it approves for the time being as eligible to receive certificates of origin under this Ordinance.
(2) Neither the maintenance of a register by an approved body nor the inclusion or exclusion of the name of any person therein or therefrom shall affect the discretion conferred on the approved body under section 4.
(3) Any approved body may, without assigning any reason therefor, refuse to register the name of any person or may delete from its register the name of any person for such period or periods as it may think fit.
(4) Any approved body may, if it thinks fit, publish, or cause or allow publication of, the name and address of any person whose name is entered in or deleted from its register.
(5) Any approved body may require any person who applies to have his name entered in its register to give such undertaking in respect of the conduct of his business as the approved body may require.
(6) Any person who contravenes any undertaking given by him under subsection (5) commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years.
(Amended 14 of 1990 ss. 5 & 10)

6. Method of making application and power to call for evidence in support
(1) Any person who wishes his name to be entered in any register or to be issued with a certificate of origin shall make application therefor in such manner and in such form as the approved body may specify.
(2) Where any person makes application to an approved body—
(a) to have issued to him a certificate of origin in respect of any article; or
(b) to have his name entered in its register,
the approved body may require the applicant to furnish in such form as it may specify such records or information in respect of the manufacture, processing, production or sale of articles as it may specify, whether or not—
(i) the articles have been exported or are to be exported; or
(ii) the articles are included or are to be included in any certificate of origin.
(3) Without prejudice to the generality of the discretion conferred by section 5(3), the name of any person who fails to comply with any requirement of an approved other body under subsection (2) may be deleted from its register.
(Amended 14 of 1990 s. 10)

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

6A. 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 the computer systems of an approved body; and
(b) to be certified by a person authorized by the approved body for such a purpose,
shall be admitted as evidence 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 38 of 1999 s. 6)

6B. Offences relating to the use or keeping of a security device
Where a person who has been issued with a security device contravenes section 2B(a) or (b), he commits an offence and is liable to a fine at level 5 and to imprisonment of 6 months.
(Added 38 of 1999 s. 6)

6C. Offence by specified agent
A specified agent who contravenes section 2C commits an offence and is liable to a fine at level 3.
(Added 38 of 1999 s. 6)

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

8. Liability of company, directors, etc.
(1) Without prejudice to the prosecution of any person for an offence under section 5 or 7, where a document, or any information furnished by using services provided by a specified body, in respect of which an offence has been committed under section 5 or 7 has been issued or purports to have been issued on behalf of a company, partnership or business— (Amended 38 of 1999 s. 8)
(a) such company; and
(b) every director, partner and other person concerned in the management of such company, partnership or business who has had such document in his possession or under his control,
shall be guilty of an offence unless it is proved that it or he—
(i) took all practicable steps to prevent the commission of an offence under section 5 or 7; and
(ii) on demand made by an authorized officer, gave all the information in its or his power with respect to such document.
(2) Any company or person found guilty of an offence under subsection (1) is liable to a fine of $500,000. (Amended 14 of 1990 s. 7)

9. Time limit for charge of offence
A complaint may be made or an information laid in respect of an offence under any of the provisions of this Ordinance within 2 years from the time when the matter of such complaint or information respectively arose.

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

11. Power of arrest
(1) Any authorized officer, in addition to the other powers conferred by this Ordinance, may arrest without warrant any person whom he reasonably suspects of being guilty of an offence under this Ordinance.
(2) Any person who is arrested by an authorized officer under this section shall be delivered into the custody of the officer in charge of a police station within 12 hours of his arrest unless in the meantime, such person has been brought before a magistrate or released.
(3) When any such person is delivered into the custody of the officer in charge of a police station, the provisions of section 52 of the Police Force Ordinance (Cap. 232) shall apply.
(4) Where any person forcibly resists the endeavour of any authorized officer to arrest him or attempts to evade the arrest, the authorized officer may use all means necessary to effect the arrest.
(5) Where any authorized officer who is in pursuit of any person to be arrested has reason to believe that the person has entered into or is in any place, the person residing in or in charge of the place shall, on demand of the authorized officer, allow him free ingress thereto and afford all reasonable facilities for search therein for the person.

12. Amendment of Schedule
The Chief Executive in Council may by order amend the Schedule.
(Amended 65 of 2000 s. 3)

13. Saving
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.
(Amended 65 of 2000 s. 3)