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

12. Inspection and storage of prohibited articles
(1) For the purpose of determining whether or not an article which—
(a) has been imported within the period of 6 months preceding the date when a request is made under this subsection for the production of the same; or
(b) is intended to be exported,
is a prohibited article, the person in possession or control of article shall, if required to do so by the Commissioner, an authorized officer or member of the Customs and Excise Service of or above the rank of Inspector, produce it for inspection by the Commissioner, an authorized officer or such member of the Customs and Excise Service. (Amended 46 of 1977 s. 17; 62 of 1993 s. 4)
(2) The Commissioner, any authorized officer or a member of the Customs and Excise Service of or above the rank of Inspector shall determine whether or not any article produced to him for inspection under subsection (1) is a prohibited article. (Amended 46 of 1977 s. 17; 62 of 1993 s. 4)
(3) The person in possession or control of a prohibited article shall, if required to do so by the Commissioner or an authorized officer, cause such article to be stored in a place specified by the Commissioner or authorized officer under such conditions as he may impose.
(4) An article stored in a specified place in accordance with the directions of the Commissioner or authorized officer under subsection (3) shall not be removed from that place unless the Commissioner or an authorized officer has authorized in writing the removal of the article.
(5) Any person authorized in writing under subsection (4) to remove an article from a specified place shall comply with such conditions as may be imposed by the Commissioner or authorized officer on the removal of the article.
(6) Any person who contravenes subsection (1), (3), (4) or (5) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)
(Amended L.N. 294 of 1982)

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

13. Claim and disposal of prohibited articles found without owner
(1) The Commissioner or any authorized officer may order that any prohibited article which is found without an apparent owner shall be stored in a place specified by him subject to such conditions as he may impose.
(2) Any person who, being in possession of a prohibited article which is found without an apparent owner, fails to comply with an order given by the Commissioner or an authorized officer under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)
(3) Where a prohibited article is stored in a specified place pursuant to an order given under subsection (1), the Commissioner or an authorized officer shall, within the period of 72 hours after the prohibited article has been stored in that place, cause a notice to be exhibited at the Customs and Excise Department in a place to which the public have access—
(a) stating that the prohibited article has been stored in that place;
(b) calling upon the owner of the prohibited article to submit to the Commissioner a claim in respect of it within 30 days; and
(c) stating his intention to apply to a magistrate at the expiration of 30 days from the date of the notice for an order that the prohibited article be forfeited to the Government. (Amended 66 of 2000 s. 3)
(4) When a claim to ownership of a prohibited article is submitted to the Commissioner pursuant to a notice given under subsection (3), the person who has made a claim shall produce to the Commissioner or an authorized officer such evidence as to his ownership as may be required by the Commissioner or authorized officer. (Amended 62 of 1993 s. 5)
(5) Without prejudice to any provision of this Ordinance relating to the seizure of any article which is liable to forfeiture, the Commissioner or an authorized officer may, if he is satisfied of the validity of a claim made under subsection (4), authorize in writing the person who has made a claim to remove the prohibited article from the place in which it was stored, subject to the prior payment by the person who has made a claim of all storage and other charges which have accrued in respect of the storage of the article in the specified place. (Amended 62 of 1993 s. 5)
(6) A magistrate shall, if satisfied that the provisions of this section have been complied with and that no claim to ownership has been established, on the application of the Commissioner or an authorized officer, order that a prohibited article be forfeited to the Government. (Amended 66 of 2000 s. 3)
(Amended L.N. 294 of 1982)

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

13A. Interpretation (Part IIIA)
In this Part—
alternative smoking product (另類吸煙產品) has the meaning given by section 2(1) of the Smoking (Public Health) Ordinance (Cap. 371);
specified intermodal transhipment cargo (指明聯運轉運貨物) means an article—(a) imported in a vehicle or vessel; and
(b) consigned—
(i) on a through bill of lading from a place outside Hong Kong to another place outside Hong Kong; and
(ii) for export in an aircraft departing from the Hong Kong International Airport.

13B. Offence of importing alternative smoking products
A person who imports an alternative smoking product commits an offence and is liable—
(a) on summary conviction to a fine of $500,000 and to imprisonment for 2 years; or
(b) on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years.

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

13C. Liability of officers of bodies corporate, partners and members of unincorporated bodies
(1) If a body corporate commits an offence under section 13B, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (2); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(2) The person referred to in subsection (1) is—
(a) a director, manager, secretary or other similar officer of the body corporate; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).
(3) If a partner in a partnership commits an offence under section 13B, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (4); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(4) The person referred to in subsection (3) is—
(a) any other partner in the partnership or any other person concerned in the management of the partnership; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).
(5) If a member of any other unincorporated body commits an offence under section 13B, and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (6); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(6) The person referred to in subsection (5) is—
(a) any other member, or any manager, secretary or other similar officer, of the unincorporated body; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).

13D. Interpretation (Subdivision 1)
(1) In this Subdivision—
practice guidelines (實務指引) means the guidelines issued under section 13H(1);
registered operator (登記營運人) means a person in respect of whom a registration under section 13G has effect.
(2) For the purposes of this Subdivision—
(a) a vehicle is a person’s business vehicle if the person imports any article in the vehicle as a registered operator; and
(b) a vessel is a person’s business vessel if the person imports any article in the vessel as a registered operator.