To establish the Clothing Industry Training Authority; to provide for facilities for the training of persons employed in the clothing industry and for a levy to be paid by exporters of clothing items. [5 September 1975] L.N. 214 of 1975 (Originally 54 of 1975) Cap 318 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Industrial Training (Clothing Industry) Ordinance. Cap 318 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "A.T.A. Carnet" (暂准进口证) means a document- (a) in the form set out in the annex to the Customs Convention on the A.T.A. Carnet for the temporary admission of goods (otherwise known as the A.T.A. Convention) agreed at Brussels on 6th December 1961, or set out in Appendix 1 to Annex A to the Convention on Temporary Admission agreed at Istanbul on 26th June 1990; or (b) in such other form as may from time to time be provided by any amendment to the A.T.A. Convention, so long as it applies to Hong Kong, or by any amendment to the Convention on Temporary Admission, so long as Hong Kong remains a contracting party to it; (Amended 2 of 1995 s. 2; 56 of 2000 s. 3)"Authority" (训练局) means the Clothing Industry Training Authority established by section 4; "authorized officer" (获授权人员) means an authorized officer under the Imports and Exports Ordinance (Cap 60); "chairman" (主席) means the chairman of the Authority appointed under section 8; "clothing industry" (制衣业) means the industry of manufacturing and marketing clothing items; "clothing item" (成衣制品) means any item of apparel which is specified in Schedule 1 and manufactured in Hong Kong; (Amended 93 of 1993 s. 2) "Commissioner" (关长) means the Commissioner of Customs and Excise and any Deputy or Assistant Commissioner of Customs and Excise; (Replaced L.N. 294 of 1982. Amended 56 of 2000 s. 3) "export" (出口) means to take, or cause to be taken, out of Hong Kong any clothing item; "exporter" (出口商) means a person who exports clothing items; "F.O.B. value" (离岸价值) means value comprising the cost of clothing items to a buyer outside Hong Kong until the clothing items have been loaded onto the exporting ship, vehicle or aircraft; (Amended 23 of 1998 s. 2) "financial year" (财政年度) means the period fixed by the Authority under section 15(2); "information" (资料) has the meaning given to that term by section 2(1) of the Electronic Transactions Ordinance (Cap 553); (Added 24 of 2002 s. 4) "levy" (征费) means the clothing industry training levy prescribed under section 22; "manufactured" (制造), in relation to a clothing item, includes any process involved in the manufacture of the item; "member" (委员) means a member of the Authority appointed under section 7; "security device" (保安装置) 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 31 of 1995 s. 2. Amended 24 of 2002 s. 4) "services provided by a specified body" (指定团体提供的服务), "specified agent" (指定代理人) and "specified body" (指定团体) have the respective meanings assigned to them by the Import and Export Ordinance (Cap 60); (Added 31 of 1995 s. 2) "surcharge" (附加费) means the surcharge under section 25(3). Cap 318 s 3 Application This Ordinance shall not apply to or in respect of clothing items which- (a) are exported by the Hong Kong Government or by or on behalf of Her Majesty's Armed Forces; (b) form part of the stores of any ship or aircraft which leaves Hong Kong and which are for use on board that ship or aircraft; (c) are worn by, or form part of the personal effects of, a person leaving Hong Kong; (d) are contained in a postal packet sent out of Hong Kong if the value of the contents of the packet does not exceed $4000; (e) consist solely of and are marked clearly as samples of clothing items and which the Commissioner is satisfied are intended to be distributed free of charge for the purpose of advertising such clothing items; (f) are valued at less than $1000 and consist solely of samples of clothing items and which the Commissioner is satisfied are intended to be used for the purpose of advertising such clothing items; (Amended 4 of 1984 s. 2) (g) are exported solely for the purpose of exhibition and which the Commissioner is satisfied are intended to be returned to Hong Kong after the exhibition; (h) are exported under and in accordance with an A.T.A. Carnet; (i) are gifts of a personal nature where no payment is or is to be made by the receiver thereof. Cap 318 s 4 Establishment of Clothing Industry Training Authority PART II CLOTHING INDUSTRY TRAINING AUTHORITY (1) There is hereby established an authority, to be known as the Clothing Industry Training Authority, which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued. (2) The Authority shall have a common seal, the affixing of which shall be authenticated by the signature of any 2 members. (3) Any document purporting to be a document duly executed under the seal of the Authority shall be received in evidence and shall, unless the contrary is provided, be deemed to be a document so executed. Cap 318 s 5 Functions of the Authority The Authority shall have the following functions- (a) to provide training courses for the clothing industry; (b) to establish and maintain industrial training centres therefor; (c) to assist in the placement of persons completing training courses; (d) to make recommendations with respect to the rate of levy. Cap 318 s 6 General powers of the Authority Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Authority may do all such things as are necessary for, or incidental or conducive to, the better carrying out of the functions of the Authority and may in particular, but without prejudice to the generality of the foregoing- (a) hold, acquire or lease all kinds of property, whether movable or immovable; (b) subject to subsection (2), sell or otherwise dispose of all kinds of property whether movable or immovable; (c) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation; (d) subject to subsection (3), meet expenditure on any item shown in the approved estimates of expenditure of the Authority, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Authority; (e) make charges for the use of any facility or service provided by the Authority.(2) The Authority shall not sell or otherwise dispose of land granted at nil premium by the Government except with the prior approval of the Chief Executive. (Amended 56 of 2000 s. 3) (3) Except with the prior approval of the Financial Secretary, no sum shall be borrowed or otherwise raised under subsection (1)(d) which itself, or together with all other sums previously borrowed or otherwise raised under that subsection and still outstanding, exceeds, or in the aggregate exceeds, 10 per cent of the approved total estimated expenditure for the current financial year. Cap 318 s 7 Constitution of the Authority Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Authority shall consist of such persons specified in section 1 of Schedule 2 as are appointed by the Chief Executive. (Replaced 93 of 1993 s. 3) (2) A member who is not a public officer referred to in section (1)(l) of Schedule 2 shall, unless his appointment is terminated or otherwise ceases, hold office for such period as the Chief Executive may specify. (Amended 93 of 1993 s. 3) (3) On the expiration of his period of appointment or reappointment, as the case may be, any such member shall be eligible for reappointment for such further term as the Chief Executive may specify. (4) Any such member may at any time resign from office by giving notice in writing to the Chief Executive, and he shall cease to be a member from the date specified in the notice or, if no date is specified, from the date of the receipt by the Chief Executive of the notice. (5) If any member other than the chairman is absent from Hong Kong or is for any other reason unable to exercise the powers or perform the duties of his office as member, the Chief Executive may appoint another person to be a temporary member in his place during his absence or incapacity. (Amended 56 of 2000 s. 3) Cap 318 s 8 Chairman of the Authority Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Chief Executive shall appoint a member to be chairman of the Authority. (2) If the chairman is absent from Hong Kong or is for any other reason unable to act as chairman, the Chief Executive may appoint another member to be chairman in his place during his absence or incapacity. (Amended 56 of 2000 s. 3) Cap 318 s 9 Meetings and proceedings of the Authority (1) Meetings of the Authority shall be held at such times and places as the chairman may appoint. (Amended L.N. 386 of 1993) (2) The quorum for meetings of the Authority shall be such quorum as is specified in section 2 of Schedule 2. (Replaced 93 of 1993 s. 4) (3) At any meeting of the Authority the chairman shall preside. (4) If the chairman is absent from any meeting of the Authority, the members present at the meeting may elect one of their number to act as chairman in his place. (5) The chairman or the member acting in his place shall have a deliberative vote on all matters coming before the Authority and in the case of an equality of votes he shall also have a casting vote. (6) If a member has a pecuniary interest, whether direct or indirect, in any contract or proposed contract or in any other matter, and is present at a meeting of the Authority at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose to the Authority the fact and nature of his interest. (7) Such member shall, if so required by the meeting, withdraw from the meeting while the Authority is considering the contract or matter and in any case shall not vote thereon. (8) Subject to this Ordinance, the Authority may determine its own procedure at meetings. Cap 318 s 10 Transaction of business by circulation of papers The Authority may transact any of its business by the circulation of papers, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Authority by the votes of the members so approving the resolution. Cap 318 s 11 Committees (1) The Authority may appoint committees for the better discharge of its functions under this Ordinance. (2) The Authority may in writing delegate to any committee appointed under subsection (1) any of its powers and functions: Provided that no delegation made under this subsection shall preclude the Authority from exercising or performing at any time any power or function so delegated. (3) Each committee may determine its own procedure at meetings. Cap 318 s 12 Appointment of employees and conditions of employment The Authority may appoint such employees as it thinks fit and determine all matters relating to their remuneration and terms and conditions of appointment or employment. Cap 318 s 13 Staff benefits (1) The Authority may- (a) grant, or make provision for the grant of, pensions, gratuities and retirement benefits to its employees; (b) provide other benefits for the welfare of its employees and their dependants; (c) make payments, whether ex gratia or legally due, to the personal representative of a deceased employee or to any person who was dependent on such employee at his death.(2) The Authority may establish, manage and control or enter into an arrangement with any company or association for the establishment, management and control by such company or association either alone or jointly with the Authority of any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments referred to in subsection (1). (3) The Authority may make contributions to any fund or scheme referred to in subsection (1) and may require its employees to make contributions thereto. (4) In this section "employees" (雇员) includes any class of employee which the Authority may specify and in subsection (1) includes former employees. Cap 318 s 14 Funds and property of the Authority PART III FINANCIAL PROVISIONS The funds and property of the Authority shall consist of- (a) subject to section 27(2), all amounts of levy and surcharge collected by the Commissioner; (Amended L.N. 294 of 1982) (b) any moneys received by the Authority by way of grants, loans, donations, fees, rent or interest; (c) all moneys derived from the sale of any property held by or on behalf of the Authority; and (d) all other moneys and property lawfully received by the Authority for its purposes. Cap 318 s 15 Estimates and financial year Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) In each financial year, before a date to be appointed by the Chief Executive, the Authority shall submit to the Chief Executive a programme of its proposed activities and estimates of its income and expenditure for the next financial year: Provided that the programme and estimates for the first financial year of the Authority shall be forwarded as soon as is practicable after the commencement of this Ordinance. (2) The Authority may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Authority. (Amended 56 of 2000 s. 3) Cap 318 s 16 Bank account (1) The Authority shall open and maintain an account with a bank approved by the Director of Accounting Services. (Amended L.N. 16 of 1977) (2) The Authority shall pay all moneys received by it into the account referred to in subsection (1). Cap 318 s 17 Investment of funds All funds of the Authority that are not immediately required may be- (a) deposited on fixed deposit in any bank or savings bank nominated by the Financial Secretary either generally or, in any particular case, for that purpose; or (b) subject to the prior approval of the Financial Secretary invested in such investments as the Authority thinks fit. Cap 318 s 18 Accounts (1) The Authority shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the Authority shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the Authority on the last day thereof. Cap 318 s 19 Auditors (1) The Authority shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Authority and to require such information and explanations thereof as they may think fit. (2) The auditors shall audit the statements prepared under section 18(2) and shall report thereon to the Authority. Cap 318 s 20 Statements and reports to be laid on table of Legislative Council Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Authority shall, within 6 months after the end of each financial year or such further time as the Chief Executive may in any particular year allow, submit to the Chief Executive a report on the activities of the Authority and copies of the statements prepared under section 18(2) and the report made under section 19(2). (2) The Chief Executive shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council. (Amended 56 of 2000 s. 3) Cap 318 s 21 Imposition of clothing industry training levy PART IV LEVY (1) A levy, to be known as the clothing industry training levy, shall be imposed in accordance with this Ordinance on the F.O.B. value of clothing items exported. (2) A levy imposed under subsection (1) shall be payable by the exporter of the clothing items. Cap 318 s 22 Rate of levy (1) The Legislative Council may by resolution prescribe the rate of levy. (2) The rate of levy prescribed under subsection (1) shall be based on the F.O.B. value of the clothing items exported. (3) The rate of levy prescribed under subsection (1) shall come into effect 30 days after the publication of the resolution in the Gazette. Cap 318 s 23 Exporters of clothing items to make export declarations and pay levy (1) Every exporter shall, within 14 days after the export of clothing items, lodge with the Commissioner a declaration using services provided by a specified body, in accordance with the requirements that the Commissioner specifies under section 34(2), stating the clothing items exported by him, their F.O.B. value and such other particulars as may be required. (Replaced 82 of 1999 s. 2) (2) The levy in respect of the F.O.B. value of the clothing items stated in a declaration lodged under subsection (1) shall be paid in the manner agreed by the Government and the specified body providing the services. (Replaced 82 of 1999 s. 2) (3) (Repealed 82 of 1999 s. 2) (3A) (Repealed 82 of 1999 s. 2) (3B) Until the levy is paid the declaration is deemed not to have been lodged with the Commissioner. (Added 31 of 1995 s. 3) (4) Any exporter who, without reasonable excuse, fails to lodge a declaration under and in accordance with this section shall be guilty of an offence and shall be liable on conviction to a fine of $1000. (Amended L.N. 294 of 1982) Cap 318 s 24 Commissioner may require particulars in declarations to be verified (1) The Commissioner may at any time by notice require an exporter who has lodged with him a declaration under section 23 to verify any particulars stated in the declaration to his satisfaction, either by the production of documentary evidence or by statutory declaration or other means. (Amended 31 of 1995 s. 4) (1A) A notice under subsection (1) may be given to the exporter- (a) in writing served personally or sent by post; or (b) by sending it using services provided by a specified body. (Added 31 of 1995 s. 4)(2) Any person who, without reasonable excuse, fails to comply with a notice under subsection (1) within 14 days after the notice is served or sent, or within such further time as the Commissioner may in any case allow, shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (3) Where a person is charged under subsection (2) with the offence of failing to comply with a notice under subsection (1), the court dealing with the charge may, whether or not it convicts him of the offence, order him to comply with the notice within such period as may be specified in the order. (4) Without prejudice to the law relating to contempt of court, any person, who, without reasonable excuse, fails to comply with an order made under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and, commencing with the day following the date of conviction for the offence, to a further fine of $100 for every day during which the offence continues. (Amended L.N. 294 of 1982) Cap 318 s 25 Power of Commissioner to impose levy and surcharge (1) If after a levy has been paid under section 23 on the F.O.B. value of the clothing items stated in the declaration lodged under that section, the Commissioner has reason to believe that the F.O.B. value of the clothing items has been understated, he may assess the F.O.B. value of the clothing items and calculate the amount of levy due in respect of that value, and by notice require the exporter to pay the difference between the levy calculated under this subsection and the levy paid within such period, being not less than 7 days, as may be specified in the notice. (Amended 31 of 1995 s. 5) (1A) A notice under subsection (1) may be given to the exporter- (a) in writing served personally or sent by post; or (b) by sending it using services provided by a specified body. (Added 31 of 1995 s. 5)(2) Where the Commissioner has reason to believe that an exporter has not lodged a declaration when required to do so by section 23, he may assess the F.O.B. value of the clothing items and calculate the amount of levy due in respect of that value and by notice require the exporter to pay the levy so calculated within such period, being not less than 7 days, as may be specified in the notice. (Amended 31 of 1995 s. 5) (2A) A notice under subsection (2) may be given to an exporter- (a) in writing served personally or sent by post; or (b) by sending it using services provided by a specified body. (Added 31 of 1995 s. 5)(3) Where the Commissioner has reason to believe that- (a) an exporter has understated the F.O.B. value of the clothing items in a declaration lodged under section 23; or (b) an exporter has failed to lodge a declaration when required to do so by section 23,he may impose on the exporter a surcharge not exceeding 20 times the difference which an exporter is required to pay under subsection (1) or, as the case may be, the levy which an exporter is required to pay under subsection (2), and the surcharge imposed under this subsection shall be included in and payable in accordance with the notice under subsection (1) or (2), as the case may be: (Amended 31 of 1995 s. 5) Provided that no surcharge imposed under this subsection shall exceed $10000. (Amended 4 of 1984 s. 4) (4) If, in making an assessment under subsection (1) or (2) the actual F.O.B. value of the clothing items is not known to the Commissioner and cannot reasonably be ascertained by him, he may assess the F.O.B. value of the clothing items at such amount as in his opinion represents the fair value for those clothing items. (5) An exporter shall comply with a notice under subsection (1) or (2) notwithstanding that he may wish to object to the levy or surcharge imposed under this section. (6) No levy under subsection (1) or (2) and no surcharge under subsection (3) shall be imposed- (a) 2 years after the export of the clothing items; or (b) 1 year after evidence of facts, sufficient in the opinion of the Commissioner to justify the imposition of the levy or surcharge, comes to his knowledge,whichever is the later. (Amended L.N. 294 of 1982) Cap 318 s 26 Recovery of levy (1) Any amount of levy or surcharge due shall be recoverable in the District Court as a debt due to the Commissioner. (Amended L.N. 294 of 1982) (2) An action under subsection (1) may be brought notwithstanding that the amount due exceeds $20000. Cap 318 s 27 Commissioner to surrender levy and surcharge to Authority (1) The Commissioner shall, subject to subsection (2), surrender to the Authority all amounts of levy and surcharge collected by him under this Ordinance. (2) The Commissioner may deduct from the amounts of levy and surcharge collected by him such proportion of the costs of collection and enforcement as the Financial Secretary may approve. (3) The amounts deducted under subsection (2) shall be paid into the general revenue of Hong Kong. (Amended L.N. 294 of 1982) Cap 318 s 28 Objections PART V OBJECTIONS AND APPEALS (1) Any person who is required to pay a levy or surcharge under section 23 or 25 may, by notice in writing served on the Commissioner within 21 days after lodging a declaration under section 23 or the receipt of the notice under section 25, as the case may be, object to the levy or surcharge. (2) A notice of objection under subsection (1) shall state precisely the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied upon by the objector in support of the objection. (3) An objection under subsection (1) shall be considered by the Commissioner, who may uphold, cancel or reduce the levy or surcharge. (4) The Commissioner shall notify the objector of the decision under subsection (3) within 28 days after the receipt by the Commissioner of the notice of objection under subsection (1) and, if a levy or surcharge is cancelled or reduced, the amount of levy or surcharge cancelled or reduced shall forthwith be repaid by the Commissioner to the objector. (Amended L.N. 294 of 1982) Cap 318 s 29 Appeals (1) An objector who is aggrieved with a decision notified to him under section 28(4) may appeal to the District Court against that decision. (2) An appeal under subsection (1) shall be lodged within 30 days after the receipt of the notification under section 28(4) by the objector. (3) An appeal under this section shall not be heard unless the appellant has paid the amount of the levy or surcharge which is the subject-matter of the appeal. (4) On hearing any appeal under this section the District Court may- (a) uphold, cancel or reduce the levy or surcharge; (b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, with interest from the date of payment to the Commissioner at such rate as the court may determine or without interest; and (Amended L.N. 294 of 1982) (c) make such order as it thinks fit as to the payment of the costs of the hearing.(5) The Chief Justice may make rules of court for the purposes of this section. Cap 318 s 30 Furnishing of information and production of documents PART VI MISCELLANEOUS (1) Every person who is concerned (whether as manufacturer or exporter, or in any other capacity) with the manufacture or export of clothing items shall- (a) provide the Commissioner, or an authorized officer, within such time and in such form as the Commissioner or such officer may specify, with such information relating to the manufacture or export of clothing items, or the name and address of the person for or by whom the clothing items are manufactured or exported, as the Commissioner or such officer may require; (b) on being so required by the Commissioner or such officer produce or cause to be produced any documents or records in his possession relating to the manufacture or export of clothing items for inspection by the Commissioner or such officer and permit the Commissioner or such officer to take copies or make extracts from them or to remove them from his possession for a reasonable period. (Amended L.N. 294 of 1982)(2) Subject to subsection (3), no person shall disclose otherwise than to the Commissioner, or to a public officer employed by the Customs and Excise Department in his official capacity, any information provided or obtained under subsection (1) (including information obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (Amended L.N. 294 of 1982) (3) Subsection (2) does not apply- (a) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of manufacturers or exporters of clothing items if the summary is so framed as not to enable particulars relating to the business of any particular manufacturer or exporter to be ascertained from it; or (b) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the purposes of any report of such proceedings.(4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1000. (5) Any person who intentionally discloses any information in contravention of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $2000. Cap 318 s 30A Presumption regarding information sent using services provided by specified body (1) Where information received by the Commissioner 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 the Commissioner and sent using services provided by a specified body was sent by a specified agent who has obtained an authorization in accordance with section 30C- (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. 4) Cap 318 s 30B 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 the Commissioner 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 the Commissioner under this Ordinance using services provided by a specified body. (Added 31 of 1995 s. 6. Amended 24 of 2002 s. 4) Cap 318 s 30C 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 31 of 1995 s. 6) Cap 318 s 31 Evidence by certificate A certificate purporting to be signed by the Commissioner or an authorized officer- (Amended L.N. 294 of 1982) (a) that any declaration required to be lodged under section 23 has or has not been lodged or has or has not been lodged at any date; (b) that any notice required by or under this Ordinance has or has not been given or has or has not been given at any date; or (c) that any amount of levy or surcharge due under this Ordinance has not been paid,shall be sufficient evidence of that fact until the contrary is proved. Cap 318 s 31A Certificate of record of information sent using services provided by specified body (1) A document purporting- (a) to be a copy of the record of any information sent using services provided by a specified body and produced from one of the Commissioner's computer systems; and (b) to be certified by the Commissioner,shall be admitted 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 services provided by the specified 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 31 of 1995 s. 6) Cap 318 s 32 Authentication, and production in evidence of documents (1) Any notice or other document given or issued by the Authority may be signed by an officer of the Authority, authorized by the Authority for the purposes of this subsection. (2) Any document purporting to be a notice or other document given or issued by the Authority and purporting to be signed by an officer of the Authority authorized under subsection (1) shall be received in evidence and shall until the contrary is proved be deemed to be such a notice or other document. Cap 318 s 33 Offences (1) Any person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of the payment of a levy, whether due from him or from any other person, shall be guilty of an offence and shall be liable on conviction to a fine of $10000 or 20 times the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater. (2) Any person who- (a) knowingly lodges, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those purposes of any declaration or other document, or record, which is false in a material particular; or (b) in providing any information for the purposes of this Ordinance, makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine of $10000 or 20 times the amount of any levy that was or was intended to be evaded by his conduct, whichever is the greater. (Amended 4 of 1984 s. 5) (3) Where a person who has been issued with a security device contravenes section 30B(a) or (b), he commits an offence and is liable to a fine at level 3. (Added 31 of 1995 s. 7) (4) A specified agent who contravenes section 30C commits an offence and is liable to a fine at level 3. (Added 31 of 1995 s. 7) Cap 318 s 34 Commissioner may specify forms (1) The Commissioner may specify the form of any forms necessary for the purposes of this Ordinance. (Amended 31 of 1995 s. 8; 82 of 1999 s. 3) (2) The Commissioner may specify the requirements for lodging declarations under section 23 using services provided by a specified body. (Added 31 of 1995 s. 8) (Amended L.N. 294 of 1982) Cap 318 s 35 Regulations Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 The Chief Executive in Council may by regulation provide for- (Amended 56 of 2000 s. 3) (a) records to be kept by manufacturers and exporters of clothing items; (b) information to be supplied by manufacturers and exporters of clothing items; (c) any matter which is to be or may be prescribed; (d) generally for the better carrying out of the provisions and purposes of this Ordinance. Cap 318 s 36 Amendment of Schedule Remarks: Adaptation amendments retroactively made - see 56 of 2000 s. 3 (1) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1. (Amended 93 of 1993 s. 5) (2) The Chief Executive may, by order published in the Gazette, amend Schedule 2. (Added 93 of 1993 s. 5) (Amended 56 of 2000 s. 3) Cap 318 Sched 1 CLOTHING (INCLUDING FOOTWEAR) ITEMS [section 2] The Chapters (2 digits), Headings (4 digits), Subheadings (6 digits), and Items (8 digits) in this Schedule refer to those contained in the current Hong Kong Imports and Exports Classification List. Category No. Chapter/Heading Subheading/Item No. Description 1. Subheading 392620 Articles of apparel and clothing accessories (including gloves) of plastics and of other materials of Headings Nos. 3901 to 3914 2. Subheading 401590 Articles of apparel and clothing accessories (excluding gloves) of vulcanised rubber other than hard rubber 3. Heading 4203 Articles of apparel and clothing accessories of leather or of composition leather 4. Heading 4303 Articles of apparel, clothing accessories and other articles of furskin 5. Heading 4304 Artificial fur and articles thereof 6. Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted 7. Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted 8. Chapter 64 except Items 64061000 and 64062000 Footwear, gaiters and the like; parts of such articles, except uppers and parts thereof, other than stiffeners and outer soles and heels, of rubber and plastics (Replaced L.N. 81 of 1992) 9. Heading 6503 Felt hats and other felt headgear, made from the hat bodies, hoods or plateaux of Heading No. 6501, whether or not lined or trimmed 10. Heading 6504 Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed 11. Heading 6505 Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether trimmed 12. Heading 6506 except Subheading 650610 Other headgear, whether or not lined or trimmed, except Safety headgear 13. Heading 6507 Head-bands, linings, covers, hat foundations, hat frames, peaks and chinstraps, for headgear 14. Item 91139020 Watch straps, watch bands and watch bracelets, of textile materials (Replaced L.N. 386 of 1987. Amended 93 of 1993 s. 6) Cap 318 Sched 2 MEMBERS OF THE AUTHORITY AND QUORUM OF MEETINGS [sections 7, 9 & 36] 1. Members of the Authority The Authority shall consist of 17 members of whom- (a) 2 shall be persons nominated by the Federation of Hong Kong Garment Manufacturers; (b) 2 shall be persons nominated by the Hong Kong Garment Manufacturers' Association; (c) 2 shall be persons nominated by the Textile and Clothing Training Board of the Vocational Training Council; (Amended L.N. 200 of 1999) (d) 1 shall be a person nominated by the Federation of Hong Kong Industries; (e) 1 shall be a person nominated by the Chinese Manufacturers' Association of Hong Kong; (f) 1 shall be a person nominated by the Hong Kong Woollen and Synthetic Knitting Manufacturers' Association; (g) 1 shall be a person nominated by the Hong Kong Exporters' Association; (h) 1 shall be a person nominated by the Hong Kong General Chamber of Commerce; (i) 1 shall be a person who holds office as an official of a trade union which is registered in Hong Kong and connected with the clothing industry; (j) 1 shall be a person nominated by the Executive Director of the Vocational Training Council; (k) 1 shall be a person nominated by the Hongkong Knitwear Exporters & Manufacturers Association Limited 香港毛织出口厂商会有限公司; (l) 2 shall be public officers; and (m) 1 shall be a person, not being a public officer or person connected with any of the organizations mentioned in paragraphs (a) to (k). 2. Quorum of meetings The quorum for meetings of the Authority shall be 9 members. (Added 93 of 1993 s. 7)
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