Page:Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance (Cap. 629).pdf/16

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Cross-boundary Movement of Physical Currency and Bearer Negotiable
Instruments Ordinance

Part 2—Division 2
Ord. No. 7 of 2017
Section 9
A213

Note
See section 10 for the meaning of in one batch.

(2) Subsection (1) does not apply to a person who is in charge of a cross-boundary conveyance on which CBNIs are imported or exported if the person is not otherwise responsible for importing or exporting the CBNIs.

(3) A person who makes, or causes to be made, a declaration in accordance with section 11 for the import or export of CBNIs for the purposes of this section commits an offence if the declaration contains any information that is false in a material particular.

(4) A person who commits an offence under subsection (1) or (3) is liable on conviction to a fine of $500,000 and to imprisonment for 2 years.

(5) It is a defence for a person charged under subsection (1) if the person establishes that at the time of the alleged offence the person did not know, had no reason to suspect, and could not with reasonable diligence have ascertained, that—

(a) the CBNIs concerned were of a large quantity; or
(b) no declaration for the CBNIs had been made in accordance with section 11.

(6) It is a defence for a person charged under subsection (3) if the person establishes that at the time of the alleged offence the person did not know, had no reason to suspect, and could not with reasonable diligence have ascertained, that the information concerned was false in a material particular.