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Enforcement 
 
The Hong Kong Customs and Excise Department (C&ED) is responsible for the enforcement of strategic trade control in Hong Kong.
 
Specialised units are responsible for conducting physical examination of suspected shipment and sensitive consignment at entry and exit points, to verify the authenticity of information given in applications for import and export licences and to conduct checks to ensure legitimate disposal of imports, collate and analyse information and investigate possible circumvention with a view to taking prosecution action.
 
Traders are reminded that the Trade and Industry Department works closely with the Customs and Excise Department to ensure that all applicants for strategic commodities licences comply with the provisions of the Import and Export Ordinance and its subsidiary Regulations. Consignment checks are conducted at either pre-licensing stage or post-licensing stage. Officers of the Customs and Excise Department are empowered by law to enter the premises of the importer, exporter, or manufacturer concerned, and to conduct inspections at any time. Inspections of goods or books and records may also take place at the container terminal, the airport and other points of entry or exit. Where necessary, sealed packages or containers may be opened for inspection. Suspected malpractices are subject to investigations which may result in legal and/or administrative proceedings against the company concerned.
 
Traders are reminded of the need to co-operate with the Customs and Excise Department to make the goods available for inspection and produce appropriate commercial and shipping documentation relating to the goods in question to officers of the Customs and Excise Department. They should, as far as practicable, indicate the exact "Vessel/Flight No." and "Departure/Arrival Details" on the licence applications. If the exact information is not available at the time of application, the mode of transport, i.e. "by air", or "by sea" and the approximate date, i.e. "on or after (Date)" should be provided on the licence application.
 
Please note that breach of any of the provisions of the Import and Export Ordinance and its subsidiary Regulations is an offence. In these circumstances, any person who imports or exports any article specified in the Schedules to the Import and Export (Strategic Commodities) Regulations not under and in accordance with an import or export licence issued by the Director-General of Trade and Industry commits an offence and is liable :
  • on summary conviction, to a fine of $500,000 and to imprisonment for 2 years; and
  • on conviction on indictment, to an unlimited fine and to imprisonment for 7 years.
In addition, the Trade and Industry Department may also impose administrative proceedings against the importer, exporter or other licensing parties concerned. Such administrative proceedings may involve, but not necessarily be confined to, suspension of a licence, refusal to issue a licence, debarment of all licensing facilities, etc.

Prosecution Statistics (Jul - Dec 2021) (pdf format)

 

Last Revision Date : 22 March 2022