Hong KongImport and Export Ordinance, section 6A(4)
Officially Strategic commodities end-use catch-all, Schedules 3 and 4
Import and Export Ordinance (Cap. 60) s. 6A(4) and (5); Import and Export (Strategic Commodities) Regulations (Cap. 60 sub. leg. G), reg. 2(3) and Schedules 3 and 4
In force since .
An end user controls rule binding private bodies.
- Obligation class
- Licensing
As of .
What it requires
- Do not import or export computer software listed in Schedule 3 (software capable of being used to develop, produce, store, handle, detect or identify a chemical or biological agent, or to develop, produce, handle or store a nuclear weapon or a missile that could deliver one) without a licence from the Director where you know it is intended or likely to be used in a Schedule 4 weapons activity or have reasonable grounds to believe it may be (Cap. 60 s. 6A(4); Cap. 60 sub. leg. G reg. 2(3), Schedules 3 and 4).
- Make all reasonable enquiries about the intended use of such software before you export it, since that is the defence to a charge based on reasonable grounds (Cap. 60 s. 6A(5)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Exporting an article or technological document within section 6A(4) without a licence is an offence, punishable on summary conviction by a fine of $500,000 and imprisonment for 2 years and on conviction on indictment by an unlimited fine and imprisonment for 7 years.
What this law does
A person may not import or export an article specified in Schedule 3 to the Regulations, or a technological document containing information relating to one, except under a licence issued by the Director, if the person knows it is intended or likely to be used in an activity specified in Schedule 4 or has reasonable grounds to believe it may be used in such an activity.
Schedule 3 includes any equipment or computer software capable of being used in the development, production or storage of a chemical or biological agent, and any equipment, computer software or material capable of being used in the development, production, handling or storage of a nuclear weapon or a missile capable of delivering a nuclear, chemical or biological weapon. The Schedule 4 activities concern chemical and biological weapons, nuclear weapons and missiles capable of delivering them.
It is a defence to a charge based on reasonable grounds that the person made all reasonable enquiries as to the intended use and was satisfied that it would not be used for such an activity. A contravention is punishable on summary conviction by a fine of $500,000 and imprisonment for 2 years, and on conviction on indictment by an unlimited fine and imprisonment for 7 years.
When LexLint raises it
When your app profile says your app ships encryption, distributes a software product or ships a mobile app.