### Customs and Excise Service Ordinance 《香港海關條例》

20. Customs and Excise Service Orders
(1)  The Commissioner may make orders called “Customs and Excise Service Standing Orders” not inconsistent with the provisions of—
(a) this Ordinance and any regulations made thereunder;
(b) the Stores Regulations of the Government;
(c) Public Service (Administration) Order and government regulations, as modified by this Ordinance and by regulations made thereunder. (Amended 76 of 1999 s. 3)

(2) Such orders may prescribe or provide for—
(a) the control, direction and information of the Customs and Excise Service;
(b) discipline;
(c) training;
(d) classifications and promotions;
(e) inspections, drills, exercises and parades;
(f) welfare;
(g) departmental finance;
(h) buildings, grounds, stores, furniture and equipment;
(i) services to be performed by members;
(j) the manner and form of reports, correspondence and other records;
(k) the performance of any act which may be necessary for the proper carrying out of the provisions of this Ordinance or any regulations made thereunder or of any other enactment or for the discharge of any duty imposed by law on the Customs and Excise Service;
(l) such other matters as may be necessary or expedient for preventing abuse or neglect of duty, for rendering the Customs and Excise Service efficient in the discharge of its duties and for carrying out the objects of this Ordinance.
(Amended 46 of 1977 s. 3)

21. Protection of members and persons aiding them
(1) A member shall not be liable for damages for, or in consequence of, any act done or omitted by him while he is exercising in good faith and in the course of his duty any power conferred upon him by law.
(2) Any person may act in aid of a member who appears to be lawfully engaged in the performance of his duty upon being requested by the members so to do and without being bound to inquire whether or not the member is acting lawfully or within the scope of his duty.
(3) A person acting in good faith in aid of a member under subsection (2) shall not be liable for damages for or in consequence of any act which such first-mentioned person does or omits while so doing.
(4) Nothing in subsection (1) shall affect any civil liability of the Government for the wrongful acts of its servants. (Amended 76 of 1999 s. 3)
(Replaced 46 of 1977 s. 11)

### Customs and Excise Service Ordinance 《香港海關條例》

22. Power to make regulations
The Chief Executive in Council may by regulation provide for— (Amended 76 of 1999 s. 3)
(a) the control, administration and investment of the Customs and Excise Service Welfare Fund; (Amended 58 of 1999 s. 6)
(b) such other matters as may be necessary or expedient for rendering the Customs and Excise Service efficient in the discharge of its duties;
(c) generally, for carrying into effect the provisions of this Ordinance.
(Amended 46 of 1977 s. 3)

24. Amendment of Schedule 1 or 2
The Chief Executive may, by order published in the Gazette, amend Schedule 1 or 2.
(Added 14 of 1969 s. 4. Amended 46 of 1977 s. 13; 76 of 1999 s. 3)

25. Amendment of references to Preventive Service in Ordinances and documents
Every reference in an Ordinance or in any document to the Preventive Service or to the Preventive Service Ordinance or to the Preventive Service (Welfare Fund) Regulations or to a member of or office in the Preventive Service shall, unless the context otherwise requires, be read respectively as a reference to the Customs and Excise Service or the Customs and Excise Service Ordinance (Cap. 342) or the Customs and Excise Service (Welfare Fund) Regulation (Cap. 342 sub. leg. C) or a member of or office in the Customs and Excise Service.
(46 of 1977 s. 18 incorporated. Amended 10 of 2005 s. 221; E.R. 5 of 2020)

### Customs and Excise Service Ordinance 《香港海關條例》

26. Transitional
(1) In any instrument, contract or legal proceedings made or commenced before the commencement* of the Customs and Excise Service (Amendment) Ordinance 1985 (40 of 1985), the title of Commissioner of Customs and Excise shall be substituted for the Commissioner of the Customs and Excise Service. (40 of 1985 s. 11 incorporated. Amended 18 of 2014 s. 117)
(2) In any instrument, contract or legal proceedings issued, made or commenced before the commencement date** of Part 13 of the Statute Law (Miscellaneous Provisions) Ordinance 2014 (18 of 2014)—
(a) the titles of 香港海關關長 and 香港海關總監 are to be substituted by 海關關長;
(b) the titles of 香港海關副關長, 副海關關長 and 香港海關副總監 are to be substituted by 海關副關長; and
(c) the titles of 香港海關助理關長, 助理海關關長 and 香港海關助理總監 are to be substituted by 海關助理關長. (Added 18 of 2014 s. 117)

Editorial Note:

* Commencement date: 12 July 1985.  ** Commencement date: 5 December 2014. 

### Customs and Excise Service (Discipline) Rules 《香港海關(紀律)規則》

1. Citation
These Rules may be cited as the Customs and Excise Service (Discipline) Rules.
(E.R. 5 of 2020)

2. Interpretation
In these Rules, unless the context otherwise requires— (E.R. 5 of 2020)
barrister (大律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 63 of 2012)
Commissioner (關長) in rules 14, 18(2) and (3), 18A, 19, 20, 21(1)(b), 22, 24 and 26 does not include any other senior officer, but elsewhere in these Rules includes any other senior officer to the extent that he may exercise and perform the powers, functions and duties of the Commissioner pursuant to section 7 of the Ordinance; (L.N. 42 of 1986; 76 of 1999 s. 3; E.R. 5 of 2020)
defence representative (辯護代表) means a person specified in rule 6(1)(a), (b) or (c) who represents an officer charged at a hearing; (L.N. 63 of 2012)
hearing (聆訊) means a hearing conducted in respect of a disciplinary offence; (L.N. 63 of 2012)
inspector (督察級人員) means a member holding any office in Part III of Schedule 1 to the Ordinance; (L.N. 63 of 2012)
officer charged (被控人員) means a subordinate officer charged with a disciplinary offence; (L.N. 63 of 2012)
official record of proceedings (程序正式紀錄) means a written record of the proceedings of a hearing made under rule 8A(1); (L.N. 63 of 2012)
solicitor (律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159). (L.N. 63 of 2012)