1989 Ed.]
Dutiable Commodities
[CAP. 109
23
(2) The normal price of any imported dutiable goods shall be determined on the assumptions that—
(a) the goods are treated as having been delivered to the buyer at the place of importation;
(b) the seller will bear freight, insurance, commission and all other costs, charges and expenses incidental to the sale and the delivery of the goods at that place;
(c) the buyer will bear any duty payable in Hong Kong.
(2A) The normal price of any dutiable goods manufactured in Hong Kong shall be determined on the assumptions that-
(a) the goods are treated as having been delivered to the buyer at his premises;
(b) the seller will bear transport, insurance, commission and all other costs, charges and expenses incidental to the sale and the delivery of the goods to the buyer; and
(c) the buyer will bear any duty payable in Hong Kong. (Added 20 of 1985 s. 5)
(3) A sale in the open market between a buyer and seller independent of each other pre-supposes that--
(a) the price is the sole consideration;
(b) the price made is not influenced by any commercial, financial or other relationship, whether by contract or otherwise, between the seller or any person associated in business with him and the buyer or any person associated in business with him (other than the relationship created by the sale of the goods in question); and
(c) no part of the proceeds of the subsequent re-sale, use or disposal of the goods will accrue either directly or indirectly to the seller or any person associated in business with him.
For the purposes of this subsection, 2 persons shall be deemed to be associated in business with one another if, whether directly or indirectly, either of them has any interest in the business or property of the other, or both have a common interest in any business or property, or some third person has an interest in the business or property of both of them.
(4) For the purpose of subsection (1), the Commissioner or any officer authorized by him in that behalf may, subject to subsection (5), accept the value of the goods as stated in the contract of sale, invoice or other document, relating to the goods and produced under section 27, if the date of the contract of sale, invoice or other document precedes the date on which the duty is assessed by not more than 12 months.
(5) If
(a) an importer or manufacturer fails to produce any contract of sale, invoice or other document required to be produced by the Commissioner under section 27; (Amended 20 of 1985 s. 5)