### Reserved Commodities Ordinance 《儲備商品條例》

2A. Presumption regarding information sent using recognized electronic service
(1) Where information received by the Director was sent using a recognized electronic service, 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 Director and sent using a recognized electronic service was sent by a specified electronic services 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.
(Added 24 of 2002 s. 3)

2B. Safekeeping of security device
(1) A person who has been issued with a security device shall not authorize or allow any other person to use the device in connection with the sending of information to the Director under this Ordinance using a recognized electronic service.
(2) A person who has been issued with a security device 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 Director under this Ordinance using a recognized electronic service.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.
(Added 24 of 2002 s. 3)

2C. Duty of specified electronic services agent
(1) A specified electronic services agent shall not send on behalf of any person information using a recognized electronic service unless the agent has obtained from the person an authorization in writing to do so.
(2) A person who contravenes subsection (1) commits an offence and is liable to a fine at level 3.
(Added 24 of 2002 s. 3)

### Reserved Commodities Ordinance 《儲備商品條例》

3. Regulations
(1) The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 65 of 2000 s. 3)
(a) specifying any article to be a reserved commodity for any purpose;
(b) prohibiting or controlling the sale or purchase of any reserved commodity for the purpose of resale in or export from Hong Kong;
(c) regulating or controlling the maximum price of any reserved commodity;
(d) prohibiting, regulating or controlling the import or export of any reserved commodity;
(e) prohibiting, regulating or controlling the movement or distribution of any reserved commodity;
(f) prohibiting, regulating or controlling the storage of any reserved commodity;
(g) restricting the sale by wholesale or retail of any reserved commodity to persons registered or holding licences or permits issued under the regulations;
(h) restricting the sale of any reserved commodity either by an individual or generally by all persons dealing in such reserved commodity;
(i) prohibiting, regulating or controlling the manufacture, processing or production of any reserved commodity either generally or as regards form, shape, quantity, quality, constituents or otherwise;
(j) the issue of licences, permits and certificates and the registration of persons and premises for the purposes of this Ordinance;
(ja) empowering the Director to exempt any person from any requirement to obtain a licence to import or export any reserved commodity; (Added 51 of 1984 s. 3)
(k) the examination of reserved commodities stored or kept in any premises or in or on any vessel, aircraft or vehicle by or on behalf of any person;
(l) information and particulars to be given in respect of reserved commodities;
(la) empowering the Director to specify any form or requirement for giving information required to be given in respect of any reserved commodity; (Added 24 of 2002 s. 3)
(m) fees and charges;
(n) appeal to the Chief Executive against any decision of the Commissioner or the Director; (Amended L.N. 294 of 1982; 65 of 2000 s. 3)
(o) generally for the better carrying out of the provisions and purposes of this Ordinance.
(2) Regulations under this section may provide that a contravention of any such regulation shall be an offence and shall be punishable on conviction by a fine not exceeding level 6 and imprisonment for a term not exceeding 2 years. (Amended E.R. 2 of 2020)

4. Authorized officers
The Commissioner may authorize in writing any public officer to exercise all of the powers conferred on an authorized officer by this Ordinance or such of those powers as the Commissioner may specify.
(Amended L.N. 294 of 1982)

### Reserved Commodities Ordinance 《儲備商品條例》

5. Commissioner or Director and authorized officers subject to 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 by the Commissioner or the Director or an authorized officer of any powers, functions or duties under this Ordinance.
(2) The Commissioner or the Director and every authorized 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; 65 of 2000 s. 3)

6. Production of copy documents
(1) In any proceedings for an offence under this Ordinance, a copy of any document issued under this Ordinance, certified by the Director to be a true copy of such document, shall be prima facie evidence of the contents of the original document.
(2) Any such copy purporting to be certified by the Director shall be deemed, until the contrary is proved, to have been certified by him.

6A. Proof of contents of electronic record
(1) A document purporting—
(a) to be a reproduction of any information sent in the form of an electronic record and retrieved from an information system operated by the Government or by a person on behalf of the Government; and
(b) to be certified by the Director as to the matters mentioned in paragraph (a),
shall be admitted 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 the document was certified by the Director as provided in subsection (1)(b);
(ii) that the document is a true reproduction of the information sent in the form of an electronic record; and
(iii) that the reproduction was duly made on the date and at the time referred to in the document; and
(b) the document is evidence of the contents of the information sent by the sender in the form of an electronic record.
(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 24 of 2002 s. 3)

### Reserved Commodities Ordinance 《儲備商品條例》

7. Burden of proof that reserved commodity is in transit
In any proceedings for an offence under this Ordinance and in any proceedings for the forfeiture of any article by virtue of section 9, the burden of proving that any reserved commodity is an article in transit shall be upon the defendant in such criminal proceedings and the claimant in such forfeiture proceedings.

8. Time limitation for criminal proceedings
Notwithstanding anything in the Magistrates Ordinance (Cap. 227), a complaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within 2 years from the time when the matter of such complaint or information respectively arose.

9. Forfeiture
Any reserved commodity in respect of which an offence under this Ordinance has been committed shall, whether or not any person has been convicted of such offence, be liable to forfeiture under Part VI of the Import and Export Ordinance (Cap. 60) and that Part, in so far as it is applicable, shall apply accordingly.
(Amended 62 of 1993 s. 16)