Parallel trading

The influx of parallel traders who buy their stock tax-free in Hong Kong to resell it in mainland China at a profit is causing growing unrest. Residents of Sheung Shui, a town close to China's border, say the increase in parallel importers has pushed up retail prices and causes a general nuisance. Importers argue that their trade benefits the Hong Kong economy.

NewsHong Kong
COURTS

Shenzhen woman in cross-border raid jailed for 2 months

Monday, 24 September, 2012, 2:21pm

A mainland trader arrested during a high-profile crackdown in Sheung Shui last week was sentenced to two months in jail on Monday morning.

Shenzhen resident Zhang Zhuoyan, 44, pleaded guilty to one count of breaching the conditions of her stay in Hong Kong by working as a trader.

She was arrested on Wednesday in a joint operation by Immigration Department and police. They stormed the Advanced Technology Centre, a warehouse near Sheung Shui station where traders packed goods destined for the mainland.

The prosecution said Zhang was found checking goods in the Advanced Technology Centre. She admitted that she had been buying cosmetic products and daily commodities, and was planning to resell them at a profit on the mainland.

“By transporting them to Shenzhen, she could have resold them and made a profit,” the prosecution said. Zhang was visiting the city using a multiple-visit permit, the court heard.

Magistrate Merinda Chow Yin-chu, of the Sha Tin Magistrates’ Court, said the two-month term was reduced from three months because of Zhang’s guilty plea.

Besides Zhang, 130 other mainlanders were arrested in last week’s high-profile crackdown. Six of them have been convicted of the same offence and jailed for two months.

Crowds of mainland traders doing business around Sheung Shui station, near the mainland border, have sparked recent protests by Hongkongers trying to use the congested station and nearby pavements. The government vowed to crack down before last week’s raids.

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This article is now closed to comments

clc2
Looks like some people living in HK don't want low cost competition?
captam
It is despicable that this mainland shopper has been charged and convicted of breach of immigration conditions of stay. The victim,who is unfamiliar with Hong Kongs laws and criminal proceedings, should have been advised to plead not guilty.
Shopping in Hong Kong is not working within its normal legal definition even if the shopper has an intention of trading the goods upon arrival in their home countries. The law has been crudely misused.
I hope Immigration Department will now be even handed and start arresting European and American businessmen who are visiting Hong Kong to negotiate or sign business contracts. Under Immigration Department's crude interpretation and misuse of law, their cases are no different. The businessmen even though probably wearing suits and not pushing trolleys are here to conduct an aspect of trade, no different to the parallel traders. Parallel trading in Hong Kong is generally perfectly legal with a few special exceptions.
Camel
Businessmen from abroad when entering HK at immigration will mark on the entry card "Business" for their purpose of stay. Meaning they come to HK for business and trading and are allowed to sign contract and do trading activities. The parallel traders are entering on other purposes but business on the paper. That is why they have been prosecuted. They were too naiv, honest (out of ignorance about the HK law) and admit that they were trader. They just needed to say, that all those stuff were for their private use. Nothing would have happened to them as what have worked for the many others.
But in general correct is the comparison with tourist and tourist who come to HK for shopping (and resell it to their friends and relative back home - electronics, fashion wear and jewellry, watches etc.). What is the difference between them and the parallel traders?
This weekend I am on my way to the Mainland to visit some friends. I will take around 5 cases of Moon Cakes with me as a gift for my friends. Should I be afraid being arrested at the border as well?
rthk
Racist HKSAR/nothing according to law
Camel
I just hope for the HKners that the prosecuted ones do not appeal their verdict as none of the accusation would stand a trial by arguments and evidence at court. They are buying consumer goods in HK and there is no limitation in HK how much you buy and transport them out of HK. Otherwise you need to prosecute all tourists coming to HK for shopping. The whole tourist system would collapse. Only the authorities and customs in the Mainland China can prosecute them for tax crimes if any as they bring/import them to the Mainland without declaring them. The arrested ones, just didn't know their rights and the HK law. What would the authorities in HK do if the traders would say, those stuff they buy is just for their private use? They can do nothing. HK needs its laws rolled up from the core.
shafinhk
The law, the Court, The Prosecution in this case are all non-sense. how come you sentence someone who comes to this city to buy something and re-sell in his/her city? Hundreds of second hand car buyers comes to this city, they buy and check them and they even dismantle them thierself in Hong Kong and take them to other countries and sell. Are they breaching any law? thousand of people comes to Diamond and jewlery fair and they buy gems, gold and disamonds and sell them in thier cities, are they breaking any law?
Hong Kong laws needs overhauling. Unless we abolish the 150 years old ancient law of champerty and maintenance, we cant see justice done in the courts. Hong Kong courts are getting politically motivated. What was the need of sending this lady to jail? why not fine and remove her from city if she was really guilty.
With respect, look at the 3000 years history of chinese, they do not have justice system. Now Hong Kong is part of china ruled by Chinese.

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