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

2B. Presumption regarding information sent using services provided by specified body
(1) Where information received by the Commissioner or the Director 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 the Commissioner or the Director and sent using services provided by a specified body was sent by a specified agent who has obtained an authorization in accordance with section 2D—
(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. 2)

2C. 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 the Commissioner or the Director 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 the Commissioner or the Director under this Ordinance using services provided by a specified body.
(Amended 24 of 2002 s. 2)

2D. 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.

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

3. Director’s discretion to issue, cancel, revoke or suspend licences
(1) The Director may issue any licence required under this Ordinance and may attach thereto such conditions as he may see fit to impose.
(2) Subject to subsection (3) the Director may cancel, revoke or suspend any licence issued by him under this Ordinance.
(3) The Director shall not cancel, revoke or suspend any such licence where he is satisfied that the holder thereof has entered into an irrevocable commitment pursuant to the issue to him of such licence, unless the article in respect of which the licence was issued is a strategic commodity specified in regulations made under this Ordinance and it is, in the opinion of the Director, necessary for him to cancel, revoke or suspend the licence in the public interest.
(4) Notwithstanding subsection (3), if the Director is satisfied that any licence was issued by him as the result of fraudulent misrepresentation of any fact or any other unlawful act by the applicant therefor he may, at any time, cancel, revoke or suspend the licence.
(5) Every licence issued on paper which has been cancelled, revoked or suspended by the Director and all copies thereof in the possession of the licensee or any other person shall be surrendered immediately to the Director by the licensee. (Amended 30 of 1995 s. 4)
(6) Any person who contravenes subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and to imprisonment for 3 months. (Amended E.R. 2 of 2021)
(7) The Director may serve notice of the cancellation, revocation or suspension of any licence on the holder thereof and such person shall be deemed to be served with the notice if it—
(a) is delivered to the holder or applicant personally; or
(b) is addressed to him and left at or forwarded by registered mail to him at his usual or last known place of abode or business; or (Amended 30 of 1995 s. 4)
(c) is sent to him using services provided by a specified body. (Added 30 of 1995 s. 4)
(8) Except where the form of a licence is, under the provisions of this Ordinance, required to be prescribed, the Director may determine the form of any licence and of any application therefor and may also determine the requirements for making any application for a licence. (Amended 30 of 1995 s. 4)
(9) The Director may delegate any of the powers and duties conferred or imposed on him by this section to any appointed officer. (Amended L.N. 294 of 1982)

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

4. Power of Commissioner to appoint authorized officers
The Commissioner may authorize in writing any person approved by the Secretary for Security, any police officer and any other public officer to exercise any of the powers and perform any of the duties conferred or imposed on an authorized officer by this Ordinance.
(Amended L.N. 294 of 1982; 22 of 1991 s. 4; 16 of 2009 s. 2)

4A. Appointed officers
The Director may appoint in writing any public officer to exercise any of the powers and perform any of the duties conferred or imposed on an appointed officer by this Ordinance. 
(Added L.N. 294 of 1982) 

5. Commissioner or Director and other public officers to be subject to the Chief Executive’s directions
(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Commissioner or the Director or any other public officer, other than a judge, a District Judge or a magistrate, of any powers, functions or duties under this Ordinance.
(2) The Commissioner or the Director and every public officer shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended L.N. 294 of 1982; 66 of 2000 s. 3)

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

6. Appeals to the Chief Executive
(1) Any person aggrieved by a decision, act or omission of the Commissioner or the Director or of any other public officer, other than a judge, a District Judge or a magistrate, taken, done or made in the exercise of any powers or the performance of any duties under this Ordinance may, within 14 days from the date when he was informed of the decision, act or omission or when the decision, act or omission became known to him (whichever is the later) or within such further period as the Chief Executive may allow in any particular case, by notice in writing lodge an objection to the decision, act or omission with the Chief Secretary for Administration. (Amended L.N. 294 of 1982; L.N. 362 of 1997)
(2) On consideration of an objection lodged in accordance with subsection (1), the Chief Executive may confirm, vary or reverse the decision, act or omission of the Commissioner or the Director or other public officer, or substitute therefor such other decision or make such other order as he may think fit. (Amended L.N. 294 of 1982)
(3) Nothing in this section shall entitle any person to lodge an objection under this section to any decision, act or omission of the Chief Executive or of any court.
(Amended 66 of 2000 s. 3)