### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

6. Declaration by persons making disclosure under section 5
(1) This section applies in relation to a person who makes a disclosure in compliance with a requirement made by an authorized officer under section 5(2) if—
(a) the person or the young person concerned is in possession of a large quantity of CBNIs; and
(b) the person discloses that fact.
(2) The person must make a declaration for the CBNIs in accordance with subsection (3).
(3) The declaration must—
(a) be in a form specified by the Commissioner containing the information set out in Part 2 of Schedule 2; and
(b) be made by giving the form to the authorized officer.
(4) A person who fails to comply with subsection (2) commits an offence.
(5) If a declaration made for the purposes of this section contains any information that is false in a material particular, the person who makes the declaration commits an offence.
(6) A person who commits an offence under subsection (4) or (5) is liable on conviction to a fine of $500,000 and to imprisonment for 2 years.
(7) It is a defence for a person charged under subsection (5) if the person establishes that at the time of the alleged offence the person did not know, had no reason to suspect, and could not with reasonable diligence have ascertained, that the information concerned was false in a material particular.

### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

7. Determining value of CBNIs not denominated in Hong Kong dollars
(1) For the purposes of this Division, if a CBNI in the possession of a person at the time of a relevant event is denominated in a currency other than Hong Kong dollars, its equivalent value in Hong Kong dollars must be calculated in accordance with this section.
(2) Subject to subsection (3), the equivalent value in Hong Kong dollars must be calculated at the reference exchange rate for the currency published on the day of the relevant event.
(3) If the day of the relevant event is not a rate publication day, or the relevant event occurs before the rate publication time of a rate publication day, the equivalent value in Hong Kong dollars must be calculated at the reference exchange rate for the currency published on the immediately preceding rate publication day.
(4) However, if the equivalent value in Hong Kong dollars is not capable of being calculated under subsection (2) or (3), the equivalent value in Hong Kong dollars must be calculated—
(a) by reference to an exchange rate for the currency published by an internationally recognized institution specified by the Commissioner by notice published in the Gazette and in the way specified in the notice; or
(b) if no such exchange rate for the currency is available—at an exchange rate that the person in possession of the CBNI would ordinarily use for the currency at the time when the relevant event occurs.
(5) A notice under subsection (4)(a) is not subsidiary legislation.
(6) In this section—
relevant event (有關事件)—(a) for a calculation made for the purposes of section 4—means the person arrives at the specified control point concerned; or
(b) for a calculation made for the purposes of section 5 or 6—means the person, or an adult accompanying the person, is required by an authorized officer to make a disclosure under section 5(2).

8. CBNIs to which this Division applies
This Division applies in relation to CBNIs imported or exported on or after the commencement date of this Ordinance on a cross-boundary conveyance except—
(a) CBNIs in the possession of a person arriving in or about to leave Hong Kong on the conveyance;
(b) CBNIs—
(i) that are imported on an aircraft or vessel solely for the purpose of exporting them on the aircraft or vessel; and
(ii) that, while in Hong Kong, remain at all times on the aircraft or vessel;
(c) CBNIs that are air transhipment cargo within the meaning of section 2 of the Import and Export Ordinance (Cap. 60); and
(d) CBNIs contained in a postal packet within the meaning of section 2 of the Post Office Ordinance (Cap. 98).

### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

9. Declaration by importers or exporters of CBNIs
(1) A person commits an offence if the person imports or exports, or causes to be imported or exported, in one batch a large quantity of CBNIs for which no declaration has been made in accordance with section 11.

Note—
See section 10 for the meaning of in 

10. Meaning of in one batch
(1) For the purposes of this Division, all CBNIs imported, or exported, on a cross-boundary conveyance by a particular person (other than a carrier) are taken to be imported, or exported, in one batch.
(2) For the purposes of this Division, all CBNIs imported, or exported, on a cross-boundary conveyance by the same carrier for the same customer are taken to be imported, or exported, in one batch.
(3) For subsection (2)—
(a) a CBNI is imported, or exported, by a carrier for a customer only if—
(i) the customer directly engages the carrier to import, or export, the CBNI; or
(ii) the customer directly engages another person (forwarder) who, in the course of the forwarder’s logistics service business, transports, or arranges for the transportation of, the CBNI to the carrier for the carrier to import, or export, the CBNI; and
(b) if the customer directly engages more than one forwarder as mentioned in paragraph (a)(ii), only CBNIs transported to the same carrier, or the transport of which to the same carrier is arranged, by the same forwarder are taken to be imported, or exported, by the same carrier for the same customer.
(4) In this section—
carrier (承運人) means a person acting in the course of carrying on a logistics service business;
customer (客户) means a person who is not a carrier;
logistics service business (物流服務業務) means a business of transporting, or arranging for the transportation of, goods for other persons.

### Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance 《實體貨幣及不記名可轉讓票據跨境流動條例》

11. Declaration requirement
(1) A declaration required by section 9(1) must be made—
(a) by sending the information set out in Part 2 of Schedule 3 in the form of an electronic record to an information system designated by the Commissioner; or
(b) by giving the information in the way specified under subsection (2).
(2) The Commissioner may specify the way in which the information set out in Part 2 of Schedule 3 is to be given if the Commissioner considers that sending the information in accordance with subsection (1)(a) is not practicable.
(3) The Commissioner must, as soon as practicable after making a designation or specification, publish the details of the designation or specification in a way that the Commissioner considers appropriate.
(4) If information is sent to a designated information system, the declaration is taken to have been made at the time when a reference number is generated by the system indicating acceptance of the information by the system.

12. Determining value of CBNIs not denominated in Hong Kong dollars
(1) For the purposes of this Division, if a CBNI imported or exported is denominated in a currency other than Hong Kong dollars, its equivalent value in Hong Kong dollars must be calculated in accordance with this section.
(2) Subject to subsection (3), the equivalent value in Hong Kong dollars must be calculated at the reference exchange rate for the currency published on the 15th day of the month preceding the month in which the CBNI is imported or exported (reference day

13. Written notice about not instituting criminal proceedings on payment
(1) If the Commissioner has reason to believe that a person has committed an offence specified in column 2 of Schedule 5 (specified offence

14. Register of records of persons paying specified amount
(1) The Commissioner must maintain a register of records of persons who have made a payment mentioned in section 13(1)(f)(i).
(2) The Commissioner must, for each person, arrange to be entered in the register—
(a) the full name of the person;
(b) the number of the identity card or, if the person does not have an identity card, the number of any travel document, of the person;
(c) the date on which the notice under section 13(1) was given;
(d) the date on which the payment was made; and
(e) any other information that the Commissioner considers appropriate.