Cap. 324 《非政府簽發產地來源證保障條例》Protection of Non-Government Certificates of Origin Ordinance

proof that the person issued with the security device furnished the information; and

proof that the person issued with the security device made a statement or declaration contained in the information.

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

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.

the manner in which the article has been manufactured, processed or produced;

particulars of the persons concerned in the manufacture, processing, production or exportation of the article;

particulars with respect to—

such other details as may—

subject to subsection (4), issued on paper or using the specified system; (Replaced 30 of 2025 s. 104)

in such form as the approved body issuing the certificate may specify; and

subject to such conditions as the approved body may endorse in the certificate. (Replaced 38 of 1999 s. 4)

on paper; or

electronically by the approved body issuing the certificate. (Added 30 of 2025 s. 104)

refuse to issue a certificate of origin;

impose such conditions on the issue of any certificate of origin or in respect of any class or type of goods for which a certificate of origin may be issued as it may think fit; and

revoke any certificate of origin.

by notice in writing served personally or by registered post on the person;

by notice—

having been informed under subsection (3) by an approved body of the revocation of a certificate of origin; and

having in his possession or control such certificate of origin or any copy thereof,

to have issued to him a certificate of origin in respect of any article; or

to have his name entered in its register,

the articles have been exported or are to be exported; or

the articles are included or are to be included in any certificate of origin.

to be a copy of the record of any information sent using the specified system, or sent electronically to or from an approved body, and produced from the computer systems of an approved body; and

to be certified by a person authorized by the approved body for such a purpose,

the court or magistrate before which it is produced shall, until the contrary is proved, presume—

the document is evidence of the contents of the information sent by the sender using the specified system or sent electronically to or from the approved body.

forges, or causes to be forged, any certificate of origin;

not being an officer of an approved body who is authorized by the approved body in that behalf, makes, or causes to be made, any alteration of, or addition to or deletion from, any certificate of origin;

knowingly utters or makes use of, or causes to be uttered or made use of, any forged certificate of origin or any certificate of origin that has been altered or added to, or from which any deletion has been made, by any person other than an officer of the approved body by which the certificate of origin was issued who is authorized in that behalf;

knowingly utters or makes use of, or causes to be uttered or made use of, as applying to any article any certificate of origin which does not so apply;

substitutes, or causes or suffers or permits any other person to substitute, any other article for any article in respect of which a certificate of origin has been issued;

not being an approved body, dishonestly represents that he is authorized to issue a certificate of origin; or (Added 14 of 1990 s. 6)

knowingly issues or utters, or causes to be issued or uttered, a document, whether on paper or using information technology services, that is likely to mislead another person into believing that the document is a certificate of origin, (Added 14 of 1990 s. 6. Amended 38 of 1999 s. 7)

makes or causes to be made any false or incorrect statement in any declaration made or any information given, whether verbal or in writing or otherwise, for the purpose of obtaining a certificate of origin; (Amended 38 of 1999 s. 7)

makes or gives or causes to be made or given any false or incorrect statement or information in any document that he knows or has reason to believe may be used in support of an application for the issue of a certificate of origin;

furnishes any false records or information under section 6(2); or

omits or causes to be omitted any material particulars in an application for the issue of a certificate of origin, (Added 14 of 1990 s. 6)

he knows or has reason to believe may be used in support of an application for the issue of a certificate of origin; and

has been signed by him in blank or with the material particulars incomplete,

particulars of the place at which an article was manufactured, processed or produced;

particulars of the principal materials used in the manufacture, processing or production of an article and the source thereof;

particulars of the manner in which in substance an article has been manufactured, processed or produced;

a description of an article including any brand name or trade mark; and

particulars of the quantity or weight of an article. (Added 41 of 1974 s. 3)

such company; and

every director, partner and other person concerned in the management of such company, partnership or business who has had such document in his possession or under his control,

took all practicable steps to prevent the commission of an offence under section 5 or 7; and

on demand made by an authorized officer, gave all the information in its or his power with respect to such document.

subject to subsection (2), enter and search any place, or board and search any vessel (other than a ship of war) or any aircraft (other than a military aircraft) or search any vehicle, in which he reasonably suspects there is evidence of the commission of an offence under this Ordinance;

seize, remove and detain—

enter and inspect the premises at or from which any person manufactures, processes, produces or sells any article that is included or is to be included in any certificate of origin.

break open any outer or inner door of any place that he is empowered or authorized by or under this Ordinance to enter and search;

forcibly board any vessel, aircraft or vehicle that he is empowered by this Ordinance to board and search;

remove by force any person or thing obstructing any detention, search, inspection, seizure or removal that he is empowered by this Ordinance to make;

detain any person found in any place that he is empowered or authorized by or under this Ordinance to search until such place has been searched;

detain any vessel or aircraft that he is empowered by this Ordinance to board and search, and prevent any person from approaching or boarding such vessel or aircraft, until it has been searched;

detain any vehicle that he is empowered by this Ordinance to search until it has been searched; and

search the person and property and effects of any person whom he reasonably suspects of being guilty of an offence under this Ordinance:Provided that no person shall be searched except by a person of the same sex, and provided that no person shall be searched in a public place if he objects to being so searched.

require any information which he reasonably suspects relates to an offence which has been, or may have been, committed under this Ordinance that is—

to be produced on a computer in or on the premises, place, vessel, aircraft or vehicle in a visible and legible form, and examine the information;

require any information described in paragraph (a) to be produced in a form in which it can be taken away and in which it is either visible and legible or capable of being retrieved on a computer; and

take away the copy so produced under paragraph (b). (Added 38 of 1999 s. 9)

obstructs an authorized officer in the exercise of any power or the performance of any duty conferred or imposed on authorized officers by this Ordinance; or

fails to comply with any requirement, direction or demand given or made by an authorized officer in the exercise or performance of any such power or duty,

the manner in which an application under section 11C(1) is to be made;

the specific matters that the Commissioner may have regard to for the purposes of section 11C(3);

the standard at which a value-added service provider is expected to provide its services.

must publish the practice guidelines in a manner appropriate to bring them to the notice of the persons affected by them; and

must make copies of the practice guidelines available to the public (whether in hard copy form or electronic form).

a value-added service provider contravenes any terms or conditions imposed under section 11C(4) on the provider’s approval; or

a value-added service provider is no longer fit to be such a provider,

to issue a warning letter to the provider;

to suspend or revoke the provider’s approval.

may determine the period that the Commissioner considers appropriate during which an approval will be suspended; and

may determine that an approval will be suspended until such terms or conditions as imposed by the Commissioner are complied with to the Commissioner’s satisfaction.

any information is received by the Commissioner or the Director-General of Trade and Industry; and

the information is transmitted to the Commissioner or the Director-General of Trade and Industry using the specified system.

a person named in the information as the person who transmitted the information is, in the absence of evidence to the contrary, to be regarded for the purposes of this Ordinance as the person who transmitted the information; and

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, to be regarded for the purposes of this Ordinance as the person who made the statement or declaration.

using services provided by a specified body (within the meaning of the pre-amended Ordinance); or

using the specified system.

beginning on the gazettal date; and

ending at midnight on the date to be appointed by the Commissioner of Customs and Excise for the purposes of this subsection by notice published in the Gazette.