### Import and Export (General) Regulations 《進出口(一般)規例》

6DB. Traders in rough diamonds to be registered
(1) Subject to paragraph (1A), no person shall carry on a business of importing, exporting, buying, selling or carrying rough diamonds, unless he is a registered rough diamond trader. (L.N. 49 of 2006)
(1A) Paragraph (1) does not apply to a person by reason only that he carries on a business of carrying rough diamonds, if the person—
(a) is an owner of a vessel, aircraft or vehicle; and
(b) is required to comply with the requirements applicable to an owner of a vessel, aircraft or vehicle under—
(i) in the case of the import of rough diamonds, section 7(1) and section 8(2)(b) of the Ordinance; and
(ii) in the case of the export of rough diamonds, section 10(1)(a) and section 11(2)(b) of the Ordinance. (L.N. 49 of 2006)
(2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.

6DC. Register of registered rough diamond traders
(1) The Director shall maintain a register of registered rough diamond traders.
(2) The register maintained under this regulation shall be in such form, and shall contain the names and such other particulars of persons who are registered under regulation 6DD, as the Director may consider appropriate.

6DD. Registration
(1) The Director shall, on an application to him in accordance with paragraph (2) by any person and upon payment of the prescribed fee, register the person as a registered rough diamond trader by entering the name of the person in the register maintained under regulation 6DC.
(2) An application to the Director shall be made in such manner and in such form, and be accompanied by such information, as the Director may determine.
(3) The Director is to assign a registration number to each person registered under paragraph (1) and is to inform the person of the registration number.
(4) Registration under paragraph (1) shall be valid for a period of 2 years.

6DE. Rough diamonds to be traded with specified country or place only
(1) No person shall, whether as agent or otherwise, import rough diamonds from, or export rough diamonds to, a country or place other than a specified country or place.
(2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of $500,000 and to imprisonment for 2 years.

### Import and Export (General) Regulations 《進出口(一般)規例》

6DF. Rough diamonds in transit or as air transhipment cargo not to be tampered with
(1) Notwithstanding regulation 6(1)(a), the licensing requirements under sections 6C(1) and 6D(1) of the Ordinance shall apply to rough diamonds that are in transit, unless the requirements specified in paragraph (3) are complied with in respect of the rough diamonds.
(2) Notwithstanding regulation 6AA(1) and (3), the licensing requirements under sections 6C(1) and 6D(1) of the Ordinance shall apply in relation to rough diamonds that are air transhipment cargo, unless the requirements specified in paragraph (3) are complied with in respect of the rough diamonds.
(3) The requirements specified for the purposes of paragraphs (1) and (2) are—
(a) that the rough diamonds are sealed in a container; and
(b) that the container has not been tampered with and the seals on the container remain intact.

### Import and Export (General) Regulations 《進出口(一般)規例》

6DG. Registered rough diamond trader to keep daily trade record, etc.
(1) A registered rough diamond trader who carries on a business of importing, exporting, buying or selling rough diamonds shall, in such manner and in such form as the Director may require, keep an accurate and up-to-date record of his daily import, export, purchase and sale of rough diamonds. The record must contain—
(a) the name of each person from or to whom the trader buys or sells the rough diamonds and (if that person is also a registered rough diamond trader) that person’s registration number;
(b) the amount and value of rough diamonds imported, exported, bought or sold; and
(c) such other particulars as the Director may require.
(2) A registered rough diamond trader referred to in paragraph (1) shall retain each record kept under paragraph (1)—
(a) for 5 years from the day on which it is made; or
(b) for such shorter period as the Director may, bearing in mind requirements of the Scheme, specify.
(3) A registered rough diamond trader shall submit such returns or notifications relating to the import, export, purchase and sale of rough diamonds as the Director may require at such intervals as the Director may require.
(4) Neither the Director nor any other person who has access to any record kept, or information obtained, under this regulation in the course of exercising or performing any powers or duties shall disclose such record or information except for the purposes of or in connection with—
(a) the exercise or performance of any of the powers or duties conferred or imposed by the Ordinance, or of any regulation made under it, applicable to rough diamonds;
(b) the Scheme or its implementation; or
(c) the institution of any proceedings for an offence under the Ordinance or any regulation made under it.
(5) A person who contravenes paragraph (1), (2) or (3) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 1 year.
(6) A person who contravenes paragraph (4) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 1 year.

6DH. Appointment of persons to assist in examination of rough diamonds
(1) Without prejudice to sections 4 and 4A of the Ordinance and any other law that enable a person to exercise or perform any of the powers or duties conferred or imposed by the Ordinance, the Commissioner may appoint in writing any person to assist any authorized officer or any member of the Customs and Excise Service in the examination of rough diamonds.
(2) For the purpose of assisting in the examination of rough diamonds, a person appointed under paragraph (1) may accompany an authorized officer or a member of the Customs and Excise Service in entering any place or premises which the officer or member is empowered by the Ordinance to enter.

### Import and Export (General) Regulations 《進出口(一般)規例》

6DI. Non-derogation from other laws
The provisions of these regulations relating to rough diamonds are in addition to, and do not derogate from, any other law prohibiting or restricting the import into, or export from, Hong Kong of rough diamonds.

6E. Defence of reasonable diligence
(1) In any proceedings against a person for an offence under regulation 6A(4), 6B(4), 6BA(3), 6BB(4), 6DAB(3) or 6DAD(3), it shall be a defence for the person to show that he took all reasonable steps and exercised reasonable diligence to avoid committing the offence. (L.N. 93 of 2003; 33 of 2003 s. 2; L.N. 43 of 2011)
(2) Where in any proceedings the defence provided by paragraph (1) involves an allegation that the commission of the offence was due—
(a) to the act or default of another person; or
(b) to reliance on information given by another person,
the defendant shall not, without the leave of the court, be entitled to rely on the defence unless, not less than 10 days before the hearing of the proceedings, he has served a notice in writing on the prosecutor giving all particulars of the person who committed the act or default or gave the information and of the act, default and information of which he is aware at the time he serves notice.
(3) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another person, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—
(a) to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b) to whether he had any reason to disbelieve the information.
(L.N. 111 of 1993)