The “detailed rules” for the intermodal transport of e-cigarettes in Hong Kong were officially introduced, and the Hong Kong Customs officially released the detailed rules for the supervision of intermodal transport of e-cigarettes, marking the implementation of the detailed rules.
This is the Alternative Smoking Products Diversion Regulatory Program.
(Hong Kong e-cigarette transshipment rules are coming)
(Full supervision by Hong Kong Customs)
This means that after the Hong Kong Legislative Council passed the “Import and Export (Amendment) Bill 2023”, which included alternative smoking products (alternative cigarettes) transported by sea, air and land through Hong Kong into the scope of exemption, the detailed rules for the intermodal transport of e-cigarettes came into effect. .
It is emphasized that all e-cigarettes must first join the “Alternative Smoking Products Transshipment Supervision Plan” before they can be exempted. Otherwise, it is defined as a crime and can be fined from 500,000 to 2 million and sentenced to 2-7 years in prison.
There are 13 main items, the following are the special highlights:
1. To be exempted from the prohibition of import restrictions, the premise is to join the “Alternative Smoking Products Transshipment Supervision Plan”.
According to the regulations of Hong Kong Customs, if the alternative smoking products are transit articles, air transshipment goods, or specified intermodal transshipment goods imported by registered operators, they can be exempted from the prohibition of import restrictions.
Generally speaking, in Hong Kong, any person who imports alternative smoking products is guilty of an offense and is liable to a maximum fine of $500,000 and imprisonment for two years if convicted in summary proceedings; a maximum fine of $2,000,000 and imprisonment for seven years if convicted on indictment Year.
2. “Transshipment of alternative smoking products” includes e-cigarettes, herbal atomization, HNB and other products.
Hong Kong Customs specifically explained the definition of “alternative smoking products”, pointing out that there are three types of alternative smoking products, namely: atomizers, heated cigarette sticks, electronic cigarette oil, and herbal cigarettes.
1. Appliances capable of producing aerosol from any substance (except dangerous drugs) without ignition and used to imitate traditional smoking, or its parts and accessories, but excluding hookahs;
2. Any substance (except dangerous drugs) used in the appliance described in (1) above to generate aerosol, such as heated cigarette sticks, electronic cigarette oil; or
3. Plant materials (except tobacco and dangerous drugs) that are wrapped in any material and can be used in real time to imitate traditional smoking, that is, herbal cigarettes.
The delivery route of e-cigarettes includes import by vehicle or vessel; consignment from a place outside Hong Kong to another place outside Hong Kong with a full bill of lading; and consignment for export by aircraft departing from Hong Kong International Airport.
That is, land transportation, sea transportation, or consignment, or air transportation.
4. The “designated area” has been delineated for the transshipment of electronic cigarettes.
The detailed rules point out that the specified scope includes the West Coast Terminal of Hong Kong International Airport, as well as some cargo handling areas located in Super Terminal 1, Cathay Pacific Cargo Terminal, Asia Airfreight Center and Express Center.
Five, must first “register”.
The detailed rules point out that anyone who wishes to obtain an exemption from specified intermodal transportation of alternative smoking products must apply to the Commissioner for registration as a registered operator in advance.
The rules specify how to apply for registration.
Point out that any person wishing to enroll in the scheme should submit the completed form together with the authorization letter (if applicable) and photocopies of the required documents to the Commissioner by: online application (ground-air transfer); or by post/ In person: 63 Container Port Road South, Kwai Chung, New Territories, Hong Kong; 9/F, Kwai Chung Customs House; Hong Kong Customs Land Border Port Division; Registration and Vehicle Inspection Team.
call below
Inquiries can be made through the following channels:
[email protected]
Telephone
(852) 3106 4508
send by post
63 Container Port South Road, Kwai Chung, New Territories, Hong Kong
9/F, Kwai Chung Customs House
Hong Kong Customs Land Border Port Division
Registration and Vehicle Inspection Team
The detailed rules point out that after submitting the application, the customs will issue a confirmation letter or reminder letter. Reminder letters are mainly supplementary information or supporting documents.
Generally, if the reminder is not submitted within 30 days, it will be considered invalid and rejected.
8. After confirmation, a security device must be installed, and this generally requires payment.
Those who confirm will receive a confirmed application number, which usually takes 7 working days to complete, provided that the security device must be installed first.
The detailed rules point out that after the Customs has received the completed registration form and all the information and supporting documents required by the Customs, it will issue a “Notification of Security Device Installation” to the applicant within 7 working days. The applicant can then arrange to purchase security devices and install them on the relevant vehicles/vessels according to the standards stipulated by the Customs.
Electronic locks and GPS equipment provided by customs-approved suppliers;
CCTV system with recording function [There should be a lighting system inside the container, and at least two CCTV cameras should be installed to clearly record all the goods in the container; in addition, two CCTV cameras must be installed outside the container to clearly see the container Doors, electronic locks and license plates for real-time monitoring by the customs]; and container door bolt seals [containers for business vehicles should adopt a closed design, with the only entrance at the end and a container door bolt seal to ensure that the electronic lock and door bolt seals are not damaged. The container door cannot be opened without the container door bolt seal. ] Vessels include:
Global positioning system equipment approved by customs; and closed-circuit television system [install at least two closed-circuit television cameras in the cabin, and all alternative smoking products carried in the cabin must be within the range of the closed-circuit television camera].
The detailed rules point out that after the applicant has installed the security device, he must notify the Customs in writing to arrange for vehicle/vessel inspection. If necessary, a trial run will be carried out to test the function of the installed security device.
Applicants are also required to attend a briefing session organized by Customs to familiarize themselves with the security and procedural requirements of the scheme.
10. After passing the inspection, we will inform whether to approve or reject.
The detailed rules point out that after the inspection, the customs will also notify in writing whether it is approved or rejected.
If approved, it will be informed of the approval of the application, the effective date of registration, the registration number of the alternative smoking product diversion supervision scheme, and the information of the registered business vehicle/vessel and driver/crew.
However, an appeal must be made to the Chief Secretary for Administration within 14 days with a written notice.
11. The registration fee is free, but the cost of the security device must be borne by the applicant.
The fine print states that although the Customs will not charge the applicant any fees, the cost of installing the required security devices shall be borne by the applicant. Applicants should note that suppliers of security devices approved by Customs may charge service fees for the use of security devices.
12. There is a revocation or cancellation system.
It means post-registration matters, including deregistration/change of information, repair, replacement and reinstallation of security devices, regular inspection, cancellation/suspension of registration and other systems.
For example, if the registered operator violates the “Import and Export Ordinance” and/or the practical guidelines, the registration will be canceled/suspended, and there will be a suspension period.
13. After passing the registration, it is necessary to implement procedures such as forecasting cargo information, transfer process, designated route, and customs inspection.
After passing the registration, it is basically the actual transshipment, but the transshipment process must comply with the rules.
For example, the registered operator must ensure that the advance cargo information and relevant documents/information are submitted to the customs in the manner listed below.
At least 2 hours before the registered business vehicle enters Hong Kong, submit the relevant cargo information to the Road Cargo Information System in accordance with the Import and Export (Electronic Cargo Information) Regulations (Cap. 60L); and submit the relevant transport and shipping documents with For information, email to [email protected]
Sea and air transfers include:
At least 3 hours before the registered business vessel enters the Hong Kong International Airport West Coast Terminal, submit the relevant cargo information to the air cargo customs clearance system; and at least 2 hours before the registered business vessel enters the Hong Kong International Airport West Coast Terminal, submit the relevant transportation and Shipping documents and information, emailed to [email protected]
Then, when declaring the quantity of Alternative Smoking Products transshipped under the scheme to the Road Cargo Information System/Air Cargo Clearance System, the unit quantity and the number of packages (cartons) of the Alternative Smoking Products must be provided, and these information must be consistent with the relevant transport and shipment documents. It is consistent with the information displayed on the board, so that the customs can check.
The driver/captain must also bring relevant cargo documents, especially the full bill of lading, for customs officers to check and verify as needed during the transfer process.
It can be seen that Hong Kong’s e-cigarette intermodal transport process likes to complete the application by express delivery in writing, and email is an important communication method. From registration to installation of safety equipment, to the list of goods submitted for transportation, transportation routes, etc., there are already complete requirements.
The following is the full text of the detailed rules: (full text of “Alternative Smoking Product Transshipment Supervision Plan”)
According to the provisions of the “Import and Export Ordinance” Chapter 60 of the Laws of Hong Kong, anyone who imports alternative smoking products is guilty of an offense. A fine of $2,000,000 and imprisonment for 7 years.
The “Import and Export Ordinance” stipulates that if alternative smoking products are transit articles, air transshipment goods, or specified intermodal transshipment goods imported by registered operators, they can be exempted from the prohibition of import restrictions.
According to the Import and Export Ordinance, the Customs and Excise Department (hereinafter referred to as “Customs”) is responsible for regulating the registration and monitoring system of the “Alternative Smoking Products Transshipment Supervisory Scheme” (hereinafter referred to as the “Scheme”) to deal with the exemption of specified intermodal transshipment of alternative smoking products. matters. Customs will be responsible for the investigation and prosecution of illegally imported alternative smoking products.
Practice Guidelines
These guidelines are drawn up under section 13H of the Import and Export Ordinance and set out:
registration requirements and procedures; and
Register the security and procedural requirements that operators must fulfill when engaging in specified intermodal transportation of alternative smoking products.
Corresponding paper documents are also available at the following locations:
63 Container Port South Road, Kwai Chung, New Territories, Hong Kong
9/F, Kwai Chung Customs House
Hong Kong Customs Land Border Port Division
Registration and Vehicle Inspection Team
Section 2(1) of the Smoking (Public Health) Ordinance, Chapter 371 of the Laws of Hong Kong sets out the definition of alternative smoking products. In short, alternative smoking products are:
Appliances, or parts and accessories thereof, capable of producing an aerosol from any substance (other than a dangerous drug) without ignition and used to imitate traditional smoking, but excluding hookahs;
Any substance (other than a dangerous drug) used in a device described in (a) above to generate an aerosol, such as heated cigarette sticks, e-liquid; or
Plant material (except tobacco and dangerous drugs) wrapped in any material and capable of being used in real time to imitate traditional smoking, that is, herbal tobacco.
According to the Import and Export Ordinance, alternative smoking products are exempted from the import prohibition as “specified inter-transit goods”. Under section 13A of the Import and Export Ordinance, specified inter-transit cargo means an article that—
imported by vehicle or vessel; and Consigned from a place outside Hong Kong to another place outside Hong Kong with a full bill of lading; and consigned for export by aircraft departing from Hong Kong International Airport.
Section 13I of the Import and Export Ordinance authorizes the Commissioner of Customs and Excise (hereinafter referred to as “the Commissioner”) to publish a notice in the Gazette after consulting the Airport Authority (hereinafter referred to as “the Airport Authority”), specifying a certain area for handling specified intermodal transport Transshipment cargo. The specified area includes the West Coast Terminal of Hong Kong International Airport, and some cargo handling areas at Super Terminal 1, Cathay Pacific Cargo Terminal, Asia Airfreight Center and Express Centre.
who needs to register
Any person who wishes to obtain an exemption for specified intermodal transportation of alternative smoking products must apply to the Commissioner for registration as a registered operator in advance.
Apply
Online application (land-air transfer); or
By mail / in person:
63 Container Port South Road, Kwai Chung, New Territories, Hong Kong
9/F, Kwai Chung Customs House
Hong Kong Customs Land Border Port Division
Registration and Vehicle Inspection Team
For details on the registration process, please refer to the Practice Guide.
Processing of registration applications
After the Customs receives the registration application, it will send a confirmation letter with the application number to the applicant. If necessary, the customs may issue a reminder letter requesting the applicant to provide supplementary information or supporting documents. If the applicant fails to reply or provide the required supplementary information or supporting documents within 30 days from the date of the reminder letter, the relevant application will be deemed invalid and rejected. Customs will issue a written notification informing the applicant of the refusal of his application and the reasons for the refusal.
After the Customs has received the completed registration form and all the information and supporting documents required by the Customs, it will issue a “Notification of Security Device Installation” to the applicant within 7 working days. The applicant can then arrange to purchase security devices and install them on the relevant vehicles/vessels according to the standards stipulated by the Customs:
Suitable for business vehicles
Electronic locks and GPS equipment provided by customs-approved suppliers;
CCTV system with recording function [There should be a lighting system inside the container, and at least two CCTV cameras should be installed to clearly record all the goods in the container; in addition, two CCTV cameras must be installed outside the container to clearly see the container doors, electronic locks and license plates for real-time monitoring by customs]; and
Container door bolt seal [The container of the business vehicle should adopt a closed design, the only entrance is set at the end and a container door bolt seal is installed to ensure that the container door cannot be opened without destroying the electronic lock and the container door bolt seal. ]
Global Positioning System devices approved by Customs; and
CCTV system [install at least two CCTV cameras in the cabin, and all alternative smoking products carried in the cabin must be within the range of the CCTV camera].
Carry out vehicle/vessel inspections, trial runs and briefing sessions
After the applicant has installed the security device, he must notify the Customs in writing to arrange for vehicle/vessel inspection, and if necessary, a trial run will be conducted to test the function of the installed security device.
Applicants are also required to attend a briefing session organized by Customs to familiarize themselves with the security and procedural requirements of the scheme.
Approve/Reject Application
After reviewing the application, the Commissioner will notify the applicant of the result in writing as soon as possible:
its application approval, registration effective date, alternative smoking product diversion regulatory scheme registration number, and registered business vehicle/vessel and driver/crew details; or
His application was rejected and the reasons for the rejection.
The applicant may, by notice in writing, appeal to the Chief Secretary for Administration against the Commissioner’s decision within 14 days of being notified of the decision or the date on which he became aware of the decision, whichever is the later .
registration fee
Although Customs will not charge the applicant any fees, the cost of installing the required security devices shall be borne by the applicant. Applicants should note that suppliers of security devices approved by Customs may charge service fees for the use of security devices.
Post-registration matters
Cancellation of Registration / Change of Information
If a registered operator wishes to cancel its registration, it shall submit a written application to the Commissioner. The Commissioner will process the application and issue a confirmation letter specifying the date on which the registration will be terminated.
If there is any change* in the information of the registered operator, the change of information form should be completed and all relevant supporting documents should be submitted to the customs within 30 days together with the relevant supporting documents. Late submission of the change of particulars form may result in the suspension or cancellation of the relevant registration.
* The change of registration information includes the business information of the registered operator, authorized person, information of the vehicle/vessel to be used and the information of the driver/crew to be deployed.
It is the Registered Operator’s responsibility to ensure that security devices are in good condition and functioning properly. If the security device fails, the registered operator should immediately report to the customs and make proper repairs before the next specified intermodal transport of alternative smoking products. If any security device is to be repaired, replaced or reinstalled (as the case may be), the registered operator should notify Customs and make an appointment with Customs for vehicle/vessel inspection.
regular check
The Customs will regularly check the registered operators every two years to ensure that they meet the standards stipulated by the Customs and that the required security devices are operating normally. The registered operator is required to provide the information required by the Customs for inspection and/or arrange for the business vehicle/vessel to be inspected at a location designated by the Customs. If non-compliance is found during the verification/inspection, Customs may suspend or cancel the registration as appropriate.
If the registered operator violates the Import and Export Ordinance and/or the Practice Guidelines, or the Commissioner is satisfied that the operator is no longer suitable to act as the registered operator, the Commissioner may issue a written notice to the registered operator:
cancel the registration with effect from the specified date, giving the reasons for the cancellation; or
suspend the registration concerned and state the reasons for the suspension—
the specified period for which the registration is canceled; or
until the Commissioner is satisfied that the terms or conditions imposed have been complied with.
A Registered Operator whose registration has been suspended is not eligible to be exempted from the Scheme for the intershipment of specified alternative smoking products until the suspension period expires or the terms/conditions specified in the written notice are complied with.
The applicant may, by notice in writing, appeal to the Chief Secretary for Administration against the Commissioner’s decision within 14 days of being notified of the decision or the date on which he became aware of the decision, whichever is the later .
Security and Procedural Guidelines for Specified Intermodal Transportation of Alternative Smoking Products
Under the Import and Export Ordinance, the Commissioner is empowered to issue practical guidelines setting out the requirements to be complied with by registered operators’ business vehicles or business vessels, and the requirements for transportation, storage and the manner in which the articles are otherwise disposed of. The Commissioner may amend or revoke any Practice Direction.
To qualify for the exemption for specified intershipment of alternative smoking products, registered operators are required to comply with the security and procedural guidelines set out in the following paragraphs when transshipping alternative smoking products through Hong Kong.
Forecast cargo information
For each alternative smoking product trans-shipped under the scheme, the registered operator must ensure that the advance cargo information and relevant documents/information are submitted to the Customs in the manner set out below:
At least 2 hours before the registered business vehicle enters Hong Kong,
submit relevant cargo information to the Road Cargo Information System under the Import and Export (Electronic Cargo Information) Regulations (Cap. 60L); and
Email relevant shipping and shipping documents and information to [email protected]
For air and sea transshipment of alternative smoking products:
Submit the relevant cargo information to the Air Cargo Clearance System at least 3 hours before the registered business vessel enters the West Coast Terminal of the Hong Kong International Airport; and
At least 2 hours before the registered business vessel enters the West Coast Terminal of Hong Kong International Airport, send the relevant transportation and shipment documents and information to [email protected] by email
When declaring the quantity of alternative smoking products transshipped under the scheme to the Road Cargo Information System/Air Cargo Clearance System, the unit quantity and the number of packages (cartons) of the alternative smoking products must be provided, and these information must be consistent with those shown on the relevant transport and shipping documents The information is consistent, so that the customs can check.
The driver/captain must also bring relevant cargo documents, especially the full bill of lading, for customs officers to check and verify as needed during the transfer process.
Before transporting alternative smoking products under the intermodal arrangement, the registered operator must ensure that the security devices installed on the business vehicles/vessels are in good condition and functioning properly before commencing the transport of alternative smoking products.
During the transfer process, the GPS and CCTV systems installed on the business vehicles/vessels must remain switched on to facilitate tracking and monitoring by the Customs. CCTV footage must be kept for a minimum of 30 days. Alternative smoking products must be properly diverted as follows:
For business vehicles: Store alternative smoking products in the container of the business vehicle and not mix them with other types of goods. The container must be equipped with an electronic lock and a container door bolt seal to ensure that the container door cannot be opened without breaking the electronic lock and container door bolt seal.
For business vessels: storage of alternative smoking products in a manner that complies with standards of transport security measures accepted by the Civil Aviation Department, such as storage in containers with metal doors with seals; for containers without metal doors or plated cargo, then Tamper-resistant packing nets and seals shall be used.
Upon arrival in Hong Kong, business vehicles/vessels carrying alternative smoking products are required to proceed directly to the Specified Cargo Handling Area# at the Hong Kong International Airport. After the unloading is completed, the alternative smoking products must be immediately transferred to the cargo transfer area for storage, waiting for export.
specified route
Business vehicles/vessels carrying alternative smoking products must use designated routes after entering Hong Kong. In the event that it is necessary to deviate from the designated route, such as a traffic accident on the designated route, the driver/captain must call the 24-hour hotline (852) 3106 4510 (applicable to business vehicles) / (852) 2116 4115 (applicable to business vessels) to contact the Customs, Request for directions/approval.
Customs inspection
During the process of transferring alternative smoking products, the customs may conduct surprise inspections on the alternative smoking products carried by business vehicles/vessels at any time. Customs may also conduct surprise inspections on business vehicles/vessels at any time to ensure that the required security devices are being used and are in normal operation. If irregularities are found during the verification/inspection, Customs may suspend or cancel the registration as appropriate.
Customs has the right to access the closed-circuit television system installed on business vehicles/vessels, and will check and extract relevant information and data as appropriate for real-time monitoring and subsequent checking.
