Control under the Import and Export Ordinance

The legal basis for strategic trade control in Hong Kong is the Import and Export Ordinance, Chapter 60 of the Laws of Hong Kong. The Ordinance lists strategic commodities as one of the categories of goods the import and export of which is prohibited unless licensed by the Director-General of Trade and Industry. The Ordinance thus establishes a licensing requirement for import and export of strategic commodities. The import and export licensing control on strategic commodities is administered by Trade and Industry Department.
 

The Hong Kong strategic trade control lists are based on the controls adopted by the various international export control regimes and conventions, namely, the Wassenaar Arrangement, Nuclear Suppliers Group (NSG), Zangger Committee established under the Nuclear Non-Proliferation Treaty (NNPT), Missile Technology Control Regime (MTCR), Australia Group (AG), Chemical Weapons Convention (CWC) and Arms Trade Treaty (ATT).
 

The Hong Kong strategic trade control lists, which contain goods for which a licence is required for import/export into/from Hong Kong, are set out in the four Schedules (i.e. 1, 2, 3 and 4) to the Import and Export (Strategic Commodities) Regulations.

Schedule 1 to the Regulations comprises two lists: the Munitions List and the Dual-use Goods List. Chemicals included in Schedule 1 are subject to import and export licensing control.

Schedule 2 to the Regulations extends controls on articles in transit which are for a use relating to, among others, chemical weapons.

Schedule 3 brings END-USE under control for, among others, articles for use in relation to the production, development or usage of chemical weapons in so far that the importer or exporter knows that they will be used, or suspects that they might be used, for those purposes

Schedule 4 lists the activities under control in relation to articles specified in Schedule 3.