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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