The Government published in the Gazette today (May 19) the Import and Export (Strategic Commodities) Regulations (Amendment of Schedules 1 and 2) Order 2023 (Order)
to amend the control list of strategic commodities set out in the Import and Export (Strategic Commodities) Regulations (Cap. 60, sub. leg. G) (Regulations).
“As a responsible trading partner and an international trading hub, Hong Kong has been following closely the controls adopted by leading international regimes and convention of non-proliferation of weapons of mass destruction. The purpose of the Order is to reflect the changes adopted by the international regimes with respect to the technologies and items under control as well as the control thresholds. At the same time, the Order extends the import, export, transhipment and transit control stipulated in the Regulations to articles regulated under the Arms Trade Treaty (ATT),” a spokesman for the Trade and Industry Department (TID) said.
Hong Kong’s control list of strategic commodities mirrors the prevailing lists adopted by international regimes and convention of non-proliferation of weapons of mass destruction, namely the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime, the Australia Group and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. The last updated control list came into effect in September 2021. The current amendments serve to reflect the recent changes on the control lists adopted by the international regimes in view of the latest technology advancement, market trends and risk of illegal diversion.
At the same time, with the accession of the country to the ATT as a State Party, the Central People’s Government has extended the application of the ATT to the Hong Kong Special Administrative Region under Article 153 of the Basic Law. Hong Kong therefore has to update the control list of strategic commodities to cover the articles regulated under the ATT through the Order.
The Order will be tabled at the Legislative Council on May 24. The Government plans to bring the Order into effect in the fourth quarter of 2023.
The TID will inform traders of the details of the amendments via a trade circular and through its website (www.stc.tid.gov.hk/eindex.html). Enquiries can be made to the Strategic Trade Controls Branch of the department by telephone at 2398 5587 or by email at email@example.com.