On 26 May 2017, the Hong Kong Trade and Industry Department (TID) announced that 3 July 2017 would be the commencement date of the Import and Export (Strategic Commodities) Regulations (Amendment of Schedule 1) Order 2017 (“the Order”).
The Order amends Schedule 1 to the Import and Export (Strategic Commodities) Regulations (“the Regulations”) to reflect the changes to the control lists of strategic commodities adopted by international non-proliferation regimes which have come into effect after the last amendment of Schedule 1 in 2015. For details of the amendments, please refer to the Order by visiting the website of the Strategic Commodities Control System or the Gazette online [Legal Supplement No. 2 of the Gazette published on 24 March 2017 (No. 12, Vol. 21)].
Section 6A of the Import and Export Ordinance stipulates that no person shall import or export any article specified in the Schedules to the Regulations except under and in accordance with a licence issued by the Director-General of Trade and Industry. Any person who contravenes the provision commits an offence and is liable:
(a) on summary conviction to a fine of HK$500,000 and to imprisonment for two years; and
(b) on conviction on indictment to an unlimited fine and to imprisonment for seven years.
In addition to prosecution, the TID may impose administrative actions against these persons. Such administrative actions may involve, but shall not necessarily be confined to, suspension of a licence, refusal to issue a licence, debarment of all licensing facilities, etc.