Of 44 truck drivers prosecuted for carrying goods to and from the Mainland in contravention of the Import & Export Ordinance in the first quarter, 39 were convicted.
However, Secretary for Security Ambrose Lee today told lawmakers existing laws already provide defence provisions for people carrying goods in contravention of the ordinance into and out of Hong Kong unknowingly.
The Customs & Excise Department conducts thorough investigations into each and every case and will not target unwitting drivers, he added.
The Department of Justice will also consider all relevant evidence before instituting a prosecution, including whether the truck driver raised a defence that proves on the balance of probabilities that he did not know and could not with reasonable diligence have known that the articles he was transporting were prohibited or that the cargo was unmanifested.
Should a convicted truck driver be dissatisfied with a court verdict, he may appeal in accordance with the law.
The secretary said the Customs & Excise Department has maintained close liaison with more than 10 associations engaged in the cross-border transport industry.
It has also been distributing a booklet to raise drivers' awareness of the relevant laws. A 24-hour hotline has been set up for enquiries and reports.
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