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

36B. Consent of Chief Executive not required for institution of criminal proceedings
Notwithstanding subsection (2) of section 23C of the Crimes Ordinance (Cap. 200), that section shall not apply to any proceedings for an indictable offence under this Ordinance.
(Added 1 of 1994 s. 19)

36C. Offence relating to the use or keeping of a security device
Where a person who has been issued with a security device contravenes section 2C(a) or (b), he commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months. 
(Added 30 of 1995 s. 14)

36D. Offence by specified agent
A specified agent who contravenes section 2D commits an offence and is liable to a fine at level 3.
(Added 30 of 1995 s. 14)

37. Time limitation for criminal proceedings
In any case of an offence, other than an indictable offence, under this Ordinance, a complaint shall be made or an information laid in respect of such offence within 2 years from the time when the matter of such complaint or information respectively arose. 
(Amended 1 of 1994 s. 20)

38. Informers
Save where, in the opinion of the court, justice so requires, the name or identity of any informer and the information given by such informer shall not be disclosed in any civil or criminal proceedings and the court may make any order and adopt any procedure necessary to prevent any such disclosure.

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

39. Amendment of Schedules
(1) The Chief Executive may amend Schedule 1 by notice published in the Gazette. (Amended 30 of 1995 s. 15; 66 of 2000 s. 3)
(2) The Secretary for Commerce and Economic Development may, by notice published in the Gazette, amend Schedule 2 or 3. (Added 30 of 1995 s. 15. Amended L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)

40. General indemnity
The Commissioner, members of the Customs and Excise Service and authorized officers are indemnified by the owner of an article, vessel or vehicle from liability for damages to the article, vessel or vehicle arising out of the seizure, storage and delivery of the article, vessel or vehicle.
(Added 62 of 1993 s. 15)

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

41. Articles not dealt with under this Ordinance before commencement of Import and Export (Amendment) Ordinance 1993
(1) Where any article, vessel or vehicle has been seized under this Ordinance before the commencement* of the Import and Export (Amendment) Ordinance 1993 (62 of 1993) and—
(a) the Commissioner is unable to restore the article, vessel or vehicle to the owner as—
(i) the owner cannot be found; or
(ii) the owner does not have an address in Hong Kong to which the article, vessel or vehicle can be restored;
(b) a summons issued under this Ordinance has not been served on a claimant as the Commissioner has insufficient information to arrange service of the summons in Hong Kong; or
(c) a magistrate has ordered the delivery of the article, vessel or vehicle to a person who cannot be found or who refuses to accept the article, vessel or vehicle,
the Commissioner may within a period of 6 months beginning on the commencement date, publish in the Gazette, a notice containing the information as he considers necessary inviting any person who has a claim to the article, vessel or vehicle to give notice of claim to the Commissioner within a period specified in the notice.
(2) Where notice is given to the Commissioner under subsection (1), section 28 as amended by the Import and Export (Amendment) Ordinance 1993 (62 of 1993) shall apply to the notice of claim as if it were a claim under section 27(5).
(3) If no notice of claim is given to the Commissioner within the period specified in the notice in the Gazette, the article, vessel or vehicle shall be forfeited to the Government. (Amended 66 of 2000 s. 3)
(Added 62 of 1993 s. 15) Editorial Note:
* Commencement date: 6 August 1993.

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

42. Transitional
(1) Any provision of section 8, 9 or 11 requiring that information given under those sections be given by using services provided by a specified body shall, in respect of the period specified in subsection (2), but subject to any determination made under section 32A(2)(a) or notice published under section 32B(2), be construed as requiring that the information be given either in paper form or by using services provided by a specified body.
(2) The period specified for the purposes of subsection (1) is the period beginning with the commencement* of the Import and Export (Electronic Transactions) Ordinance 2002 (24 of 2002) and ending at midnight on a date to be specified by the Commissioner for the purposes of this subsection by notice published in the Gazette#.
(3) A notice under subsection (2) may specify different dates in relation to different classes of persons or information.
(4) A notice published under subsection (2) is subsidiary legislation.
(Added 24 of 2002 s. 2) Editorial Note:

* Commencement date: 11 April 2003.  # See L.N. 96 of 2004 and L.N. 29 of 2006. 

### Import and Export (Registration) Regulations 《進出口(登記)規例》

1. Citation
These regulations may be cited as the Import and Export (Registration) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
A.T.A. Carnet (暫准進口證) means a document—
(a) in the form set out in the annex to the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods (otherwise known as the A.T.A. Convention

### Import and Export (Registration) Regulations 《進出口(登記)規例》

13. Information and documents obtained under these regulations not admissible in proceedings under other enactments
No person who is or has been employed in carrying out or in assisting any other person to carry out the provisions of these regulations shall be required in any civil or criminal proceedings to divulge or produce to any court any information or document relating to the affairs of any person which has been obtained by him or come to his knowledge or into his possession in the course of or in connexion with his employment as aforesaid, but this regulation shall not apply in respect of criminal proceedings instituted for any offence against these regulations or civil proceedings instituted for the recovery of any sum under these regulations.

13A. Safekeeping of security device
(1) 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 under these regulations using services provided by a specified body; and
(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 under these regulations using services provided by a specified body. (L.N. 33 of 2003)
(2) Where a person who has been issued with a security device contravenes paragraph (1)(a) or (b), he commits an offence and is liable to a fine at level 3.
(L.N. 544 of 1995)