Hong Kong Ordinances

OZONE LAYER PROTECTION ORDINANCE - SECT 4A

Application to air transhipment cargo

(1) Section 4 does not apply in relation to a scheduled substance that is
air transhipment cargo; but if at any time between its being brought into and
taken out of Hong Kong such scheduled substance is removed from the
cargo transhipment area of Hong Kong International  Airport then, for the
purposes of section 4-

   (a)  the scheduled substance is deemed to be imported at the time of such
        removal; and

   (b)  the person who brought the scheduled substance, or caused it to be
        brought, into Hong Kong as air transhipment cargo is deemed to be the
        person who imports the scheduled substance at the time of its removal,
        and, except to that extent, that section has effect as if this
        subsection had not been enacted.

(2) (a) For the purpose of the issue of a licence under section 6 for the
import of a scheduled substance, the import of a scheduled substance that is
air transhipment cargo does not take place unless and until the
scheduled substance is removed from the cargo 
transhipment area of Hong Kong International Airport other than for the
purpose of its being taken out of Hong Kong by air.

   (b)  Nothing in this section precludes the issue of a licence under
        section 6 for the export of a scheduled substance that is
        air transhipment  cargo only because the scheduled substance has been
        removed from the cargo 
        transhipment area of Hong Kong International Airport.

(3) In proceedings against a person for an offence under section 4, being
proceedings-

   (a)  in relation to the import or export of a scheduled substance that is
        air transhipment cargo; and

   (b)  in which it is necessary for the prosecution to prove that, at any
        time between its being brought into and taken out of Hong Kong, the
        scheduled substance was removed from the
        cargo transhipment area of Hong  Kong International Airport, it is a
        defence for the person to show that he took all reasonable steps and
        exercised reasonable diligence to avoid such removal occurring or that
        he reasonably believed that such removal had not occurred, as the case
        may be.

(4) Where in any proceedings the defence provided by subsection (3) involves
an allegation that the commission of the offence was due to-

   (a)  the act or default of another person; or

   (b)  reliance on information given by another person, the defendant is not,
        without the leave of the court, entitled to rely on the defence
        unless, not less than 10 days before the hearing of the proceedings,
        he has served a notice in writing on the prosecutor giving all
        particulars of-

        (i)    the person who committed the act or default or gave the
               information; and

        (ii)   the act, default or information, of which he is aware at the
               time he serves the notice.

(5) A person is not entitled to rely on the defence provided by subsection (3)
by reason of his reliance on information supplied by another person, unless he
shows that it was reasonable in all the circumstances for him to have relied
on the information, having regard in particular to-

   (a)  the steps which he took, and those which might reasonably have been
        taken, for the purpose of verifying the information; and

   (b)  whether he had any reason to disbelieve the information. (Added 29 of
        2000 s. 9)