Cap. 324 - Protection of Non-Government Certificates of Origin Ordinance

To make provision for the better protection of certificates of origin issued by approved bodies. (Amended 14 of 1990 s. 10) [8 September 1967](Format changes—E.R. 6 of 2022) 1. Short title This Ordinance may be cited as the Protection of Non-Government Certificates of Origin Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—approved body (認可機構) means a body specified in the Schedule; (Added 14 of 1990 s. 2)authorized officer (獲授權人員) means an officer of the Customs and Excise Department authorized in writing by the Commissioner to carry out duties under this Ordinance; (Replaced L.N. 294 of 1982)certificate of origin (產地來源證) means a certificate of origin issued under section 3;Commissioner (關長) means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and Excise; (Replaced L.N. 294 of 1982. Amended 65 of 2000 s. 3)country or territory of destination (目的國家或地區) means the final country or territory of destination declared on a certificate of origin; (Added 14 of 1990 s. 2. Amended 65 of 2000 s. 3)domestic premises (住用處所) means premises or place used exclusively for residential purposes and constituting a separate household unit; (Added 14 of 1990 s. 2)information (資料) has the meaning given to that term by section 2(1) of the Electronic Transactions Ordinance (Cap. 553); (Added 24 of 2002 s. 5)practice guidelines (實務指引) means the guidelines issued under section 11A(1), and includes the amendments to those guidelines under section 11A(5); (Added 30 of 2025 s. 102)re-export certificate of origin (轉口產地來源證) means a certificate of origin in respect of an article that—(a) is manufactured, processed or produced in a place outside Hong Kong; and(b) has been, or is to be, re-exported from Hong Kong; (Added 30 of 2025 s. 102)register (登記冊) means any register maintained by any approved body under section 5; (Amended 14 of 1990 s. 10)security device (保安裝置) means a device issued to a person to be used for authenticating that person as the sender of information using services provided by a specified body; (Added 38 of 1999 s. 2. Amended 24 of 2002 s. 5)services provided by a specified body (指明團體所提供的服務) means information technology services for the transmission of information to and from an approved body under this Ordinance, provided by a specified body; (Added 38 of 1999 s. 2)specified agent (指明代理人) has the same meaning as in section 2 of the Import and Export Ordinance (Cap. 60); (Added 38 of 1999 s. 2)specified body (指明團體) has the same meaning as in section 2 of the Import and Export Ordinance (Cap. 60). (Added 38 of 1999 s. 2)specified information (指明資料) means the classes of information specified in the practice guidelines; (Added 30 of 2025 s. 102)specified system (指明系統) has the meaning given by section 2 of the Import and Export Ordinance (Cap. 60); (Added 30 of 2025 s. 102)transmit (傳送), in relation to any information, includes send, deliver, give, lodge, submit and furnish the information; (Added 30 of 2025 s. 102)value-added service provider (增值服務提供者) means a person approved under section 11C(2) to transmit, on behalf of another person, any specified information using the specified system. (Added 30 of 2025 s. 102)(Amended 14 of 1990 s. 2) 2A. Presumption regarding information sent using services provided by specified body (1) Where information received by an approved body was sent using services provided by a specified body, evidence which shows that the identity of the sender of the information was authenticated by the use of a security device is, in the absence of evidence to the contrary—(a) proof that the person issued with the security device furnished the information; and(b) proof that the person issued with the security device made a statement or declaration contained in the information.(2) Where information received by an approved body and sent using services provided by a specified body was sent by a specified agent who has obtained an authorization in accordance with section 2C—(a) 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(b) 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.(Replaced 24 of 2002 s. 5) 2B. Safekeeping of security device A person who has been issued with a security device—(a) shall not authorize or allow any other person to use the device in connection with the sending of information to an approved body under this Ordinance using services provided by a specified body;(b) shall take all reasonable steps and exercise due diligence to prevent any other person from using the device in connection with the sending of information to an approved body under this Ordinance using services provided by a specified body.(Added 38 of 1999 s. 3. Amended 24 of 2002 s. 5) 2C. Duty of specified agent A specified agent shall not send any information on behalf of a person using services provided by a specified body unless the specified agent has obtained from the person an authorization in writing to do so.(Added 38 of 1999 s. 3) 3. Power to issue certificates (1) Any approved body may issue a certificate of origin in respect of any article manufactured, processed or produced in Hong Kong or elsewhere that has been or is to be exported or re-exported from Hong Kong.(2) Such certificate of origin may specify or contain—(a) the manner in which the article has been manufactured, processed or produced;(b) particulars of the persons concerned in the manufacture, processing, production or exportation of the article;(c) particulars with respect to—(i) the origin of the article to which the certificate of origin relates;(ii) the materials or parts of which the article is composed or which were used during the manufacture, processing or production of the article;(iii) the method of shipment of the article; or(iv) the manufacturing costs of the article; and (Added 14 of 1990 s. 3)(d) such other details as may—(i) identify the article;(ii) generally facilitate its importation into any country or territory; or(iii) support the claim of the article to tariff preference in the country or territory of destination. (Added 14 of 1990 s. 3)(3) A certificate of origin shall be—(a) subject to subsection (4), issued on paper or using the specified system; (Replaced 30 of 2025 s. 104)(b) in such form as the approved body issuing the certificate may specify; and(c) subject to such conditions as the approved body may endorse in the certificate. (Replaced 38 of 1999 s. 4)(4) A re-export certificate of origin must be issued—(a) on paper; or(b) electronically by the approved body issuing the certificate. (Added 30 of 2025 s. 104)(Amended 14 of 1990 ss. 3 & 10; 65 of 2000 s. 3) 4. Discretion to refuse to issue or to revoke certificates of origin (1) Any approved body may, without assigning any reason therefor—(a) refuse to issue a certificate of origin;(b) 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(c) revoke any certificate of origin.(2) Without prejudice to the generality of subsection (1)(a), any approved body may refuse to issue a certificate of origin unless the name of the applicant therefor is registered with it under section 5.(3) If an approved body revokes a certificate of origin, the approved body must inform, in any of the following manner, any person whom it has reason to believe may have in the person’s possession or control the certificate (or its copy) of the revocation of the certificate—(a) by notice in writing served personally or by registered post on the person;(b) by notice—(i) for a re-export certificate of origin—sent to the person electronically by the approved body; or(ii) for any other certificate of origin—sent to the person using the specified system. (Replaced 30 of 2025 s. 105)(4) Any person who—(a) having been informed under subsection (3) by an approved body of the revocation of a certificate of origin; and(b) having in his possession or control such certificate of origin or any copy thereof,fails forthwith to surrender the certificate or copy issued on paper to the approved body commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months. (Added 54 of 1970 s. 2. Amended 38 of 1999 s. 5; E.R. 6 of 2022)(Amended 14 of 1990 ss. 4 & 10) 5. Power to maintain register (1) Any approved body may maintain a register or registers in such form and manner as it may think fit containing the names and addresses of such persons as it approves for the time being as eligible to receive certificates of origin under this Ordinance.(2) Neither the maintenance of a register by an approved body nor the inclusion or exclusion of the name of any person therein or therefrom shall affect the discretion conferred on the approved body under section 4.(3) Any approved body may, without assigning any reason therefor, refuse to register the name of any person or may delete from its register the name of any person for such period or periods as it may think fit.(4) Any approved body may, if it thinks fit, publish, or cause or allow publication of, the name and address of any person whose name is entered in or deleted from its register.(5) Any approved body may require any person who applies to have his name entered in its register to give such undertaking in respect of the conduct of his business as the approved body may require.(6) Any person who contravenes any undertaking given by him under subsection (5) commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years.(Amended 14 of 1990 ss. 5 & 10) 6. Method of making application and power to call for evidence in support (1) Any person who wishes his name to be entered in any register or to be issued with a certificate of origin shall make application therefor in such manner and in such form as the approved body may specify.(2) Where any person makes application to an approved body—(a) to have issued to him a certificate of origin in respect of any article; or(b) to have his name entered in its register,the approved body may require the applicant to furnish in such form as it may specify such records or information in respect of the manufacture, processing, production or sale of articles as it may specify, whether or not—(i) the articles have been exported or are to be exported; or(ii) the articles are included or are to be included in any certificate of origin.(3) Without prejudice to the generality of the discretion conferred by section 5(3), the name of any person who fails to comply with any requirement of an approved other body under subsection (2) may be deleted from its register.(Amended 14 of 1990 s. 10) 6A. Certificate of record of information sent using specified system etc. (Amended 30 of 2025 s. 106)(1) A document purporting—(a) 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(b) to be certified by a person authorized by the approved body for such a purpose,shall be admitted as evidence in any proceedings under this Ordinance before a court or magistrate on its production without further proof.(2) Where a document is produced and admitted as evidence under subsection (1)—(a) the court or magistrate before which it is produced shall, until the contrary is proved, presume—(i) that it was certified under subsection (1)(b);(ii) that the document is a true copy of the record of information so sent; and(iii) that the record was duly made at the time referred to in the document; and(b) 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.(3) Where a document is produced and admitted as evidence under subsection (1), the court or magistrate may, if it or he thinks fit, on its or his own motion or on the application of any party to the proceedings, summon the person who certified the document and examine him as to its subject matter.(Added 38 of 1999 s. 6. Amended 30 of 2025 s. 106) 6B. Offences relating to the use or keeping of a security device Where a person who has been issued with a security device contravenes section 2B(a) or (b), he commits an offence and is liable to a fine at level 5 and to imprisonment of 6 months.(Added 38 of 1999 s. 6) 6C. Offence by specified agent A specified agent who contravenes section 2C commits an offence and is liable to a fine at level 3.(Added 38 of 1999 s. 6) 7. Offences in relation to certificates of origin (1) Any person who—(a) forges, or causes to be forged, any certificate of origin;(b) 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;(c) 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;(d) 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;(e) 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;(f) not being an approved body, dishonestly represents that he is authorized to issue a certificate of origin; or (Added 14 of 1990 s. 6)(g) 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)commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years.(2) Any person who, with intent to deceive—(a) 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)(b) 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;(c) furnishes any false records or information under section 6(2); or(d) 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)commits an offence and is liable to a fine of $500,000 and to imprisonment for 2 years.(3) Any person who furnishes or causes to be furnished to any other person a document which—(a) he knows or has reason to believe may be used in support of an application for the issue of a certificate of origin; and(b) 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. (Added 41 of 1974 s. 3. Amended E.R. 6 of 2022)(4) For the purposes of subsections (2)(d) and (3), the following shall be material particulars—(a) particulars of the place at which an article was manufactured, processed or produced;(b) particulars of the principal materials used in the manufacture, processing or production of an article and the source thereof;(c) particulars of the manner in which in substance an article has been manufactured, processed or produced;(d) a description of an article including any brand name or trade mark; and(e) particulars of the quantity or weight of an article. (Added 41 of 1974 s. 3)(Amended 14 of 1990 ss. 6 & 10) 8. Liability of company, directors, etc. (1) Without prejudice to the prosecution of any person for an offence under section 5 or 7, where a document, or any information furnished by using the specified system or sent electronically to or from an approved body, in respect of which an offence has been committed under section 5 or 7 has been issued or purports to have been issued on behalf of a company, partnership or business— (Amended 38 of 1999 s. 8; 30 of 2025 s. 108)(a) such company; and(b) 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,shall be guilty of an offence unless it is proved that it or he—(i) took all practicable steps to prevent the commission of an offence under section 5 or 7; and(ii) on demand made by an authorized officer, gave all the information in its or his power with respect to such document.(2) Any company or person found guilty of an offence under subsection (1) is liable to a fine of $500,000. (Amended 14 of 1990 s. 7) 9. Time limit for charge of offence A complaint may be made or an information laid in respect of an offence under any of the provisions of this Ordinance within 2 years from the time when the matter of such complaint or information respectively arose. 10. Powers and obstruction of authorized officers (1) Any authorized officer may— (Amended 14 of 1990 s. 8)(a) 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;(b) seize, remove and detain—(i) anything in respect of which he reasonably suspects that an offence under this Ordinance has been committed; or(ii) anything that appears to him to be, or to be likely to be or to contain, evidence of an offence under this Ordinance; and(c) 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.(2) An authorized officer shall not enter and search domestic premises except pursuant to the warrant of a magistrate issued under subsection (2A). (Replaced 14 of 1990 s. 8)(2A) A magistrate may, if he is satisfied by information on oath that there are reasonable grounds for suspecting that there is in domestic premises any thing which may be seized under subsection (1)(b), issue a warrant authorizing an authorized officer to enter and search the premises. (Added 14 of 1990 s. 8)(3) Any authorized officer may— (Amended 14 of 1990 s. 8)(a) 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;(b) forcibly board any vessel, aircraft or vehicle that he is empowered by this Ordinance to board and search;(c) remove by force any person or thing obstructing any detention, search, inspection, seizure or removal that he is empowered by this Ordinance to make;(d) 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;(e) 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;(f) detain any vehicle that he is empowered by this Ordinance to search until it has been searched; and(g) 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.(4) An authorized officer may—(a) require any information which he reasonably suspects relates to an offence which has been, or may have been, committed under this Ordinance that is—(i) contained in a computer in, on or accessible from the premises, place, vessel, aircraft or vehicle entered or boarded under this section; or(ii) contained in any device found in or on the premises, place, vessel, aircraft or vehicle entered or boarded under this section and which is capable of being retrieved on a computer,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;(b) 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(c) take away the copy so produced under paragraph (b). (Added 38 of 1999 s. 9)(5) Any person who—(a) 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(b) 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,commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Added 38 of 1999 s. 9)(6) Any person who knowingly makes a false report, or furnishes any false or misleading information, to any authorized officer in exercising or performing his powers or duties under this Ordinance commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Added 38 of 1999 s. 9) 11. Power of arrest (1) Any authorized officer, in addition to the other powers conferred by this Ordinance, may arrest without warrant any person whom he reasonably suspects of being guilty of an offence under this Ordinance.(2) Any person who is arrested by an authorized officer under this section shall be delivered into the custody of the officer in charge of a police station within 12 hours of his arrest unless in the meantime, such person has been brought before a magistrate or released.(3) When any such person is delivered into the custody of the officer in charge of a police station, the provisions of section 52 of the Police Force Ordinance (Cap. 232) shall apply.(4) Where any person forcibly resists the endeavour of any authorized officer to arrest him or attempts to evade the arrest, the authorized officer may use all means necessary to effect the arrest.(5) Where any authorized officer who is in pursuit of any person to be arrested has reason to believe that the person has entered into or is in any place, the person residing in or in charge of the place shall, on demand of the authorized officer, allow him free ingress thereto and afford all reasonable facilities for search therein for the person. 11A. Commissioner may issue practice guidelines (1) For the purposes of section 11B, the Commissioner may issue guidelines specifying any class of information to which sections 11A, 11B, 11C, 11D and 11E apply.(2) The Commissioner may also specify in the practice guidelines any or all of the following—(a) the manner in which an application under section 11C(1) is to be made;(b) the specific matters that the Commissioner may have regard to for the purposes of section 11C(3);(c) the standard at which a value-added service provider is expected to provide its services.(3) The Commissioner—(a) must publish the practice guidelines in a manner appropriate to bring them to the notice of the persons affected by them; and(b) must make copies of the practice guidelines available to the public (whether in hard copy form or electronic form).(4) The practice guidelines are not subsidiary legislation.(5) The Commissioner may amend or revoke any of the practice guidelines.(6) Subsections (3) and (4) apply to an amendment or revocation of the practice guidelines in the same way as they apply to the practice guidelines.(Added 30 of 2025 s. 109) 11B. Only value-added service providers may transmit specified information using specified system on behalf of other persons (1) A person who is not a value-added service provider must not transmit, on behalf of another person, any specified information using the specified system.(2) A value-added service provider must not transmit, on behalf of another person, any specified information using the specified system except with that other person’s written authorization.(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine at level 3.(Added 30 of 2025 s. 109) 11C. Application to be approved as value-added service providers (1) A person who holds a valid business registration certificate issued under section 6 of the Business Registration Ordinance (Cap. 310) may apply to the Commissioner for approval to transmit, on behalf of another person, any specified information using the specified system.(2) On an application made under subsection (1), the Commissioner may grant, or refuse to grant, the approval.(3) In considering an application, the Commissioner may have regard to any matters that the Commissioner considers relevant, including whether the applicant has failed to comply with any practice guidelines.(4) On granting an approval, the Commissioner may impose terms or conditions on the approval that the Commissioner considers appropriate.(Added 30 of 2025 s. 109) 11D. Commissioner’s powers relating to value-added service providers’ misconducts (1) If, in the opinion of the Commissioner—(a) a value-added service provider contravenes any terms or conditions imposed under section 11C(4) on the provider’s approval; or(b) a value-added service provider is no longer fit to be such a provider,the Commissioner may take any of the actions specified in subsection (2) against the provider.(2) The actions are—(a) to issue a warning letter to the provider;(b) to suspend or revoke the provider’s approval.(3) In forming an opinion for the purposes of subsection (1)(b), the Commissioner may have regard to any matters that the Commissioner considers relevant, including whether the value-added service provider has failed to comply with any practice guidelines.(4) For the purposes of subsection (2)(b), the Commissioner—(a) may determine the period that the Commissioner considers appropriate during which an approval will be suspended; and(b) 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.(Added 30 of 2025 s. 109) 11E. Presumption regarding information transmitted by value-added service providers using specified system (1) This section applies if—(a) any information is received by the Commissioner or the Director-General of Trade and Industry; and(b) the information is transmitted to the Commissioner or the Director-General of Trade and Industry using the specified system.(2) Where the information was transmitted, on behalf of another person, by a value-added service provider with that other person’s written authorization—(a) 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(b) 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.(Added 30 of 2025 s. 109) 12. Amendment of Schedule The Chief Executive in Council may by order amend the Schedule.(Amended 65 of 2000 s. 3) 13. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.(Amended 65 of 2000 s. 3) 14. Transitional and saving provisions for Import and Export (Amendment) Ordinance 2025 (1) For the period specified in subsection (2), a reference in section 3 or 4 to using the specified system is to be construed as a reference to—(a) using services provided by a specified body (within the meaning of the pre-amended Ordinance); or(b) using the specified system.(2) The period specified for the purposes of subsection (1) is the period—(a) beginning on the gazettal date; and(b) 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.(3) A notice under subsection (2)(b) may appoint different dates in relation to different classes of persons or information.(4) A notice under subsection (2)(b) is subsidiary legislation.(5) A reference in section 6A or 8(1) to using the specified system includes a reference to using services provided by a specified body (within the meaning of the pre-amended Ordinance).(6) In this section—*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 this Ordinance as in force immediately before the gazettal date.(Added 30 of 2025 s. 110) Editorial Note: * Gazettal date: 11 July 2025. Schedule [ss. 2 & 12]Approved Bodies The Chinese Manufacturers’ Association of Hong KongFederation of Hong Kong IndustriesThe Hong Kong General Chamber of CommerceThe Indian Chamber of Commerce, Hong KongThe Chinese General Chamber of Commerce(Replaced 14 of 1990 s. 9. Amended E.R. 6 of 2022)