The Role of the Customs and Excise Department in Protecting Endangered Species
The Customs and Excise Department is the primary agency responsible for the suppression of smuggling activities in Hong Kong. The Department also acts as the front-line agency to prevent importation and exportation of any articles which are prohibited by law concerning security, public health and environmental protection or in fulfilling international obligations. The enforcement work includes:
- monitoring the import and export of goods and the licensing of the movement of prohibited and prescribed articles as stipulated in the Import and Export Ordinance, Chapter 60, Laws of Hong Kong;
- proceeding risk assessment and conducting checks on passengers, cargoes, postal parcels and conveyances;
- having intelligence exchange with the Mainland and overseas law enforcement agencies to combat smuggling at sources;
- keeping up proactive investigation under the Organized and Serious Crimes Ordinance to restrain and confiscate criminal proceeds; and
- conducting regular maritime and land patrols within the Hong Kong Special Administrative Region.
In general, endangered species (including living or dead specimens and related products) imported into or exported from HKSAR via air, land and sea (e.g. aircrafts, land boundary control points, vehicles or vessels) are subject to customs control which is done primarily through inspection of documents such as manifests. Physical examination of the goods, if necessary, is mainly conducted on a selective basis.
If suspected objects of endangered species (e.g. specimens or related products) are found during examination, authorised officers may
- require the person to produce any document or other evidence (e.g. licence from the Agriculture, Fisheries and Conservation Department) on which the person relies to show that the possession or control is not in contravention of the Protection of Endangered Species of Animals and Plants Ordinance Chapter 586, Laws of Hong Kong;
- require the person to give its scientific name and common name;
- stop and search the person, and search the property of the person, for anything that is likely to be of value to the investigation of the offence;
- may arrest the person without warrant and immediately take the person to the nearest police station or hand him over to the custody of a police officer to be dealt with in accordance with the Police Force Ordinance (Cap. 232);
- detain the person for a reasonable period while that officer inquires about the suspected commission of the offence;
- seize, remove and detain a thing liable to seizure or any evidences;
- proceed legal proceedings.
In 2018, a total of 745 cases of intercepting items of endangered species under the Import and Export Ordinance were detected, in which 528 people were arrested and items totalling more than 270,000 kg were seized, representing increases of 72%, 1.1-fold and 3.3-fold respectively. The value of the items seized dropped by 48%. This proves the determination of The Customs and Excise Department in combating smuggling of endangered species and enhancing the deterrent effect against the smugglers.