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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city

Ref. : TRA CR 1015/41

26 May 2000

Dear Sirs,

Air Cargo Transhipment (Facilitation) Ordinance

Introduction

This is to inform the trade about the changes brought by the Air Cargo Transhipment (Facilitation) Ordinance.

2.The Air Cargo Transhipment (Facilitation) Bill 2000 was published in the Gazette on 10 March and tabled in the Legislative Council on 15 March. Upon passage by the Legislative Council on 17 May, the bill was enacted into the Air Cargo Transhipment (Facilitation) Ordinance (hereafter referred to as "the Ordinance") which came into operation on 26 May 2000 through publication in the Gazette.

Details

3.The Chief Executive announced in his 1999 Policy Address the determination to further develop Hong Kong into an international and regional air cargo hub. There is a need to provide the conditions to facilitate this development.

4.Before the enactment of the Ordinance, air transhipment cargo going through Hong Kong were treated as both "import" and "export"; those which required licences for "import" and/or "export" were accordingly subject to licensing control during air transhipment.

5.The newly enacted Ordinance carries legislative amendments to four ordinances and 15 regulations to provide facilitation for the transhipment of air cargo handled within the restricted areas of the airport. Except for certain categories of air transhipment cargo including hazardous wastes, narcotic drugs, infectious materials such as germs and human remains, explosives and sensitive Strategic Commodities for which licensing requirements need to be maintained for trade, public health, safety and internal security reasons, for other miscellaneous categories of non-sensitive air transhipment cargo, the import and export control requirement in the form of permit/licence are relaxed under the operation of the Ordinance. These goods include-

  • dutiable commodities such as alcoholic liquor and tobacco
  • radiocommunication transmitting apparatus
  • pharmaceutical products and medicines
  • optical disc mastering and replication equipment
  • rice
  • left hand drive vehicles
  • outboard engines
  • pesticides
  • food materials such as colouring matter and preservatives
  • meat and animal products
  • marine fish
  • smokeless tobacco products
  • ozone depleting substances

6.For certain Strategic Commodities, the Ordinance provides for the implementation of an Air Transhipment Cargo Exemption Scheme. Details are contained in a separate trade circular.

7.In order to benefit from such facilitation, the Ordinance makes it clear that such air cargo has to be imported and exported by aircraft under a through air waybill and has to remain at all times during transhipment within the restricted areas of the Hong Kong International Airport or any other area within the airport to be approved by the Commissioner of Customs and Excise.

8.Traders interested to know the details of the legislative amendments are advised to refer to the Air Transhipment (Facilitation) Ordinance gazetted on 26 May 2000. The Ordinance is available for sale at the Government Publications Sales Centre at Queensway Government Office, Low Block, G/F, 66 Queensway, Hong Kong.

9.Further enquiries on the subject may be directed to Miss Teresa Kam at tel. no. 2398 5618.

Yours faithfully,

(Miss Fiona Chau)

for Director-General of Trade

Distribution

Airlines, Shipping Companies, Freight Forwarders and Airport Cargo Operators