Basic information
Outline of the system
Import licences, supported by phytosanitary certificates, are required for import of plants. Prior authorizations are required for import of plant pest or soil. Plant quarantine requirements are provided under the Plant (Importation and Pest Control) Ordinance (Cap. 207) administered by the Agriculture, Fisheries and Conservation Department. All principles and procedures are based on the Plant Protection Agreement for the Asia and Pacific Region and the International Plant Protection Convention (IPPC).
Product coverage
For import of plants, a Plant Import Licence (PIL) issued by the Agriculture, Fisheries and Conservation Department is required. "Plant" includes timber, trees, shrubs, leaves, roots, flowers, fruits, tubers, bulbs, corms, stocks, cuttings, layers, slips, suckers, seeds, and any part of a plant whether or not intended for growing, planting or propagation or from which further plants may be grown, planted or propagated.
For import of plant pests or soil, an authorization in writing (AIW) issued by the Director of Agriculture, Fisheries and Conservation is required. "Plant pest" means any bacterium, fungus, virus, mycoplasma, alga or other plant or any invertebrate animal which is capable of being injurious or destructive to plants. "Soil" includes earth, sand, clay and peat
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
Neither PIL nor AIW is intended to restrict the quantity or value of imports. The sole purpose is to establish an effective means for plant quarantine to prevent the spread of plant pest in compliance with the recommendations of the Plant Protection Agreement for the Asia and Pacific Region and the IPPC.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
PIL and AIW apply to plants originating in and coming from all places outside HKSAR. The only exception is the exemption for plants and soil imported from any place in China outside HKSAR.
Expected duration of licensing procedure
The import licensing system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
PIL and AIW are statutory instruments under the Plant (Importation and Pest Control) Ordinance (Cap. 207).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave designation of plant to be subject to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import licensing system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for PIL and AIW without any pre conditional requirement.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Agriculture, Fisheries and Conservation Department
Address
Plant and Pesticides Regulatory Division (Counter No.2)
5/F., Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon.
Telephone
(852) 2150 7000
Fax
(852) 2736 9904
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Agriculture, Fisheries and Conservation Department
Documentation requirements
What information is required in applications?
The required information is outlined in the application form for PIL at https://www.afcd.gov.hk/english/quarantine/qua_plants/qua_plants_pq/qua_....
What documents is the importer required to supply with the application?
An additional requirement for AIW is a written justification for the importation.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for PIL or AIW should be lodged in advance of importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence can be made.
Issuing the license
Can a licence be granted immediately on request?
PIL, but not AIW, can be granted immediately on request when there is a genuine need under exceptional cases.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
It should be taken into account that processing of applications takes two clear working days.
Which administrative body is responsible for approving application of licences?
Both PIL and AIW are administered by the Agriculture, Fisheries and Conservation Department.
Must the applications be passed on to other organs for visa, note or approval?
No other administrative body is involved.
Are there any other conditions attached to the issue of a licence?
There may be special quarantine requirements attached to the PIL and AIW. The conditions are based on the principles and procedures recommended by the Asia and Pacific Plant Protection Commission and the IPPC.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No licensing fee or administrative charge is required for PIL and AIW.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Application of PIL and AIW will not be refused if the ordinary criteria are met.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has the right to appeal to the Chief Executive of the HKSAR by notice in writing within 14 days from the date when he was informed of the decision. The right to appeal to the Chief Executive is statutorily provided.
If so, to what bodies and under what procedures?
The applicant has the right to appeal to the Chief Executive of the HKSAR by notice in writing within 14 days from the date when he was informed of the decision. The right to appeal to the Chief Executive is statutorily provided.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for importation may be made.
What documents are required upon actual importation?
Upon actual importation, all First Schedule (Part I) plants and Gossypium spp. must be accompanied by a PIL, a valid phytosanitary certificate (PSC) and certificate of fumigation/disinfection (CF/D) issued by the exporting country or else the consignment will be seized for destruction. For all other plants, only PIL and PSC are required. Actual importation of a plant pest or soil requires AIW and other documents, usually PSC and CF/D stated on the AIW as special conditions for the authorization.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity for both PIL and AIW is two months.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of PIL or AIW.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
PIL and AIW are not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.