OVERVIEW
The Customs and Excise Department (C&ED) plays a distinct and critical role within Hong Kong's law-enforcement landscape. Unlike standard police investigations, Customs operations focus on border control, trade integrity, revenue collection and the protection of intellectual property rights.
The mission of the Hong Kong Customs and Excise Department is to protect Hong Kong against smuggling; protect and collect revenue on dutiable goods; detect and deter trafficking in and use of dangerous drugs; protect intellectual property rights and consumer interests; protect and facilitate legitimate trade and industry; and uphold Hong Kong's trading integrity.
If you arrive at Hong Kong International Airport, you will first pass an Immigration Department checkpoint. After collecting your baggage, you then pass through a Customs and Excise control point. The Customs and Excise Department has the power to inspect the baggage of people entering Hong Kong.
The Customs and Excise Department is the department responsible for investigating:
and
Trade Mark and Trade Description Offences
Anti-smuggling investigations, mainly concerning cigarettes and fuel, arise under the Dutiable Commodities Ordinance (Cap. 109).
INVESTIGATIVE POWERS
Customs Investigation Powers
Customs officers exercise powers under the legislation governing the particular investigation. The precise power and any requirement for a warrant depend on the applicable Ordinance and the circumstances.
- Stopping, boarding and searching persons, baggage, vehicles, vessels and aircraft at control points or in other authorised circumstances.
- Entering and searching premises under a warrant or where an applicable statutory power permits entry without one.
- Inspecting goods, cargo, records and electronic material relevant to suspected offences.
- Seizing and detaining suspected contraband, infringing articles, dutiable goods, documents and other evidential material.
- Arresting and questioning suspects where the statutory grounds for arrest are satisfied.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.
