Telecommunications Ordinance
Part 3
3-36
Section 9A
Cap. 106
(2) (a) For the purpose of the issue of a permit as is mentioned
in section 9 for the import of radiocommunications
transmitting apparatus, the import of such apparatus
that is air transit cargo or air transhipment cargo does
not take place unless and until the apparatus 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
permit as is mentioned in section 9 for the export of
radiocommunications transmitting apparatus that is air
transit cargo or air transhipment cargo only because the
apparatus has been removed from the cargo transhipment
area of Hong Kong International Airport. (Amended 36
of 2000 s. 6)
(3) In proceedings against a person for an offence under
section 21, being proceedings—
(a) in relation to the import or export of
radiocommunications transmitting apparatus that is air
transit cargo or air transhipment cargo; and (Amended
36 of 2000 s. 6)
(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 apparatus 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.
Last updated date
20.10.2016
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