Export (Certificates of Origin) Regulations
[13 January 1961]
(Format changes—E.R. 7 of 2020)
| These regulations were made under the repealed Importation and Exportation Ordinance (Chapter 50, 1966 Ed.) and, by virtue of section 36(1) of the Interpretation and General Clauses Ordinance (Cap. 1), continue to have the like effect as if they had been made under the Import and Export Ordinance (enacted in 1970). |
These regulations may be cited as the Export (Certificates of Origin) Regulations.
In these regulations, unless the context otherwise requires—
certificate (來源證) means a certificate of origin issued under regulation 6; (L.N. 119 of 1990) country or territory of destination (目的國家或地區) means the final country or territory of destination declared on a certificate; (L.N. 119 of 1990; 66 of 2000 s. 3; 10 of 2008 s. 70) to issue (發出) includes to endorse and to countersign; (L.N. 194 of 1999) to use a certificate (使用來源證) means to do or to cause to be done any act which by itself or together with other acts is calculated to lead to the belief that a certificate relates to any article manufactured, processed or produced in Hong Kong or exported or to be exported from Hong Kong.(Repealed L.N. 119 of 1990)
(Repealed L.N. 119 of 1990)
(Repealed L.N. 119 of 1990)
The Director and any appointed officer may issue a certificate of origin on paper or using the specified system in respect of any article manufactured, processed or produced in Hong Kong which has been or is to be exported from Hong Kong. (L.N. 294 of 1982; L.N. 119 of 1990; L.N. 194 of 1999; 30 of 2025 s. 62)
Such certificate may specify or contain—
the manner in which such article has been manufactured, processed or produced;
particulars of the persons concerned in the manufacture, processing, production or exportation of such article;
particulars with respect to—
the origin of the article to which the certificate relates;
the materials or parts of which the article is composed or which were used during the manufacture, processing or production of the article;
the method of shipment of the article; or
the manufacturing costs of the article; and (L.N. 119 of 1990)
other details that may—
identify the article;
generally facilitate its importation into any country or territory; or
support the claim of the article to tariff preference in the country or territory of destination, (L.N. 119 of 1990; 66 of 2000 s. 3)
and such certificate shall be in such form as the Director may determine and shall be subject to such conditions as may be endorsed therein. (L.N. 170 of 1971)
The Director may maintain a register in such form as he may determine containing the names, addresses and business of those persons who are approved by him or an appointed officer as being eligible to receive certificates under these regulations. (L.N. 294 of 1982)
The Director may, before issuing a certificate under regulation 6, require the applicant for the certificate to be registered under paragraph (1).
Where the applicant is required under paragraph (2) to be registered under paragraph (1), he may be registered for such period not exceeding 12 months as the Director considers appropriate on payment of the prescribed fee. (L.N. 247 of 1990)
The Director may, without assigning any reason therefor, enter in, refuse to enter in, delete from or restore to the register maintained under paragraph (1) the name of any person.
The Director may publish the name and address of any person whose name is entered in, deleted from or restored to the register.
Any person or group of persons who wish to be entered upon the register maintained under the provisions of regulation 7 or who wish to be issued with a certificate shall apply to the Director in such manner and in such form as the Director may determine. (L.N. 170 of 1971)
For the purposes of registration or continuation of registration or the issue of a certificate, the Director or an appointed officer may require an applicant to maintain or to furnish in such form as he may provide such records or information as he may specify relating to the manufacture, processing or production and sale of goods by such applicant whether or not such goods have been exported or are to be exported and whether or not such goods are included or have been included or are to be included on any certificate under these regulations. (L.N. 294 of 1982; L.N. 119 of 1990)
As a condition precedent to registration and as a condition of continuation of registration the Director may require an applicant to give such undertaking as to the conduct of his business as the Director may require.
No person shall publish any information obtained by the Director or an appointed officer under regulation 8 which information discloses the identity of any person or the nature of any goods manufactured, processed, produced, sold or exported by any person, unless the Director gives permission for publication of the information. (L.N. 294 of 1982)
The Director shall not give permission for the publication of any information under paragraph (1) unless—
publication is limited to the name and address of the person identifiable by the information or to whom the information relates and the fact that he is engaged in the manufacture, processing, production, sale or exportation of a particular product, and is made for the purpose of—
replying to a trade inquiry; or
furnishing information to an approved body for the time being specified in the Schedule to the Protection of Non-Government Certificates of Origin Ordinance (Cap. 324) or to any other person or organization engaged in trade promotion or similar activities; (L.N. 119 of 1990)
in the opinion of the Director, such publication is desirable for the purposes of—
enforcing a provision of these regulations;
investigating a suspected offence against these regulations; or
investigating a suspected offence in respect of a certificate or an application for or use of a certificate; or
the person identifiable by the information or to whom the information relates consents in writing to publication of the information.
The Director or an appointed officer may without assigning any reason therefor— (L.N. 294 of 1982)
issue or refuse to issue a certificate;
impose such conditions on the issue of any certificate or type of certificate or in respect of any class or type of goods for which a certificate may be issued as he may decide; and
revoke any certificate issued under regulation 6.
Without prejudice to regulation 8(2), a person whose name is entered in a register maintained under regulation 7 shall keep—
accurate and up-to-date records containing particulars of—
wages paid to his employees;
purchases of materials used in the manufacture, processing or production of any article;
the use of any such materials;
the daily production of articles manufactured, processed or produced by him;
sales of articles manufactured, processed or produced by him or another person for him and his stock of such articles;
any work, being work consisting of the manufacture, processing or production of any article, being carried out for him by another person;
cash and bank receipts and payments; (L.N. 119 of 1990)
purchase invoices of raw materials and components used in the production of the article specified in a certificate; (L.N. 119 of 1990)
such other records and documents as the Director may require.
The record containing particulars of wages paid to employees shall contain an acknowledgment by each employee of the receipt of his wages.
Any record kept under paragraph (1) shall be retained by such person for not less than 2 years after it is made. (L.N. 119 of 1990)
Any person who without lawful authority—
uses a certificate in respect of an article other than an article of the origin, description, or quality specified in the certificate; (66 of 2000 s. 3)
exports an article which is the subject matter of a certificate to a place or in a manner other than specified in the application pursuant to which such certificate has been issued;
makes or causes to be made to any certificate issued under these regulations any alteration whether by addition, insertion, obliteration, erasure, removal or otherwise;
substitutes or permits, suffers, or allows any other person to substitute any article whatsoever for any other article in respect of which a certificate has been issued under these regulations,
commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years. (L.N. 119 of 1990)
Any person who—
with intent to deceive makes or gives or causes to be made or given any false or incorrect statement in any declaration or any information whatsoever whether verbal or in writing or otherwise required by the Director or an appointed officer under these regulations; (L.N. 294 of 1982; L.N. 194 of 1999)
with intent to deceive makes or gives or causes to be made or given any false or incorrect information in any document which he knows or has reason to believe may be used in support of an application for registration or for the issue of a certificate made under the provisions of regulation 8;
with intent to deceive omits or causes to be omitted any material particulars in an application for the issue of a certificate; (L.N. 119 of 1990)
is in breach of any undertaking or part thereof given under the provisions of regulation 8; (L.N. 170 of 1971)
contravenes any of the provisions of regulation 11; or (L.N. 170 of 1971)
makes in any record kept under regulation 11(1) any statement which he knows or reasonably ought to know to be false in a material particular, (L.N. 170 of 1971)
commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years. (L.N. 119 of 1990)
Any person who furnishes or causes to be furnished to another person a document which—
he knows or has reason to believe may be used in support of an application for the issue of a certificate made under regulation 8; and
has been signed by him in blank or with the material particulars incomplete,
commits an offence and is liable to a fine at level 6 and to imprisonment for 1 year. (L.N. 119 of 1990; E.R. 7 of 2020)
Where a person convicted of an offence under these regulations is a company, every director and every officer concerned in the management of the company shall be guilty of the like offence unless he proves that the act constituting the offence took place without his knowledge or consent.
For the purposes of paragraphs (2)(ba) and (2A), the following shall be material particulars— (L.N. 139 of 1974; L.N. 119 of 1990)
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.
Any person who authorizes another person (hereinafter referred to as the agent) to act for him in relation to anything required to be done under any of these regulations shall be liable for the acts and omissions of the agent, and may accordingly be prosecuted for any offence committed by the agent with respect to any such act or omission in the same manner as if he had himself committed the offence, but shall not be sentenced to imprisonment unless he actually consented to the commission of the offence:
Provided that nothing herein shall relieve the agent from liability to prosecution.
For the period specified in paragraph (2), a reference in regulation 6 to using the specified system is, subject to any determination made under section 32A(2)(a) of the Ordinance, to be construed as a reference to—
using services provided by a specified body (within the meaning of the pre-amended Ordinance); or
using the specified system.
The period specified for the purposes of paragraph (1) is the period—
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 paragraph by notice published in the Gazette.
A notice under paragraph (2)(b) may appoint different dates in relation to different classes of persons or information.
A notice under paragraph (2)(b) is subsidiary legislation.
In this regulation—
gazettal date (刊憲日期) means the date on which the Import and Export (Amendment) Ordinance 2025 (30 of 2025) is published in the Gazette; pre-amended Ordinance (《原有條例》) means the Ordinance as in force immediately before the gazettal date.