Personal Information Collection Statement

Purpose of Collection

The personal data provided in this questionnaire will be used by the Customs and Excise Department for one or more of the following purposes:

  • Considering and processing applications for the Registration Regime for Dealers in Precious Metals and Stones;
  • Sending the relevant information of the Registration Regime;
  • Discharging various duties and functions of the Customs and Excise Department; and
  • Facilitating communications between you / your company and staff members of the Customs and Excise Department.

Access to and Correction of Personal Data

  • Under the Personal Data (Privacy) Ordinance, you have a right of access to and correction of your personal data. Your right of access includes the right to obtain a copy of your personal data provided in this questionnaire. In accordance with the terms of the Ordinance, we have the right to charge a reasonable fee for the processing of any data access request.
  • Enquiries concerning the personal data collected by this questionnaire, including the request for access to and correction of personal data, should be addressed to:
    Mail: Customs and Excise Department
    Office of Departmental Administration
    Executive Officer (Personnel)3
    31/F, Customs Headquarters Building
    222 Java Road, North Point,
    Hong Kong
    Telephone: (852) 3759 3841
    Fax: (852) 3108 2305

Declaration

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Applicant's Information

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Disclaimer

The result generated upon completion of assessment is for reference only and subsequent application result is not guaranteed. When the Commissioner of Customs and Excise considers the registration application, the Commissioner will take into account a range of factors, including but not limited to matters listed in AMLO and the Registration Guide.

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Whether registration is required and for which category of registration shall be applied?

Question 1: Does your business include any of the following items? (Reference: Section 53ZTZ, Part 5C, of the AMLO)
1. Precious metal : gold, silver, platinum, iridium, osmium, palladium, rhodium or ruthenium, in a manufactured or unmanufactured state;
2. Precious stone : diamond, sapphire, ruby, emerald, jade or pearl, whether natural or otherwise;
3. Precious product : any jewellery or watch that is made up of, containing or having attached to it, any precious metal or precious stone, or both;
4. Precious-asset-backed instrument : any certificate or instrument backed by one or more precious metals, precious stones or precious products that entitles the holder to such assets (in entirety or in part) (does not include any securities, a futures contract, any interest in a collective investment scheme, a structured product or an OTC derivative product as defined by the Securities and Futures Ordinance (Cap. 571); or a virtual asset.
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Question 2: Do you carry on any of the following activities? (Reference: Section 53ZU, Part 5C, of the AMLO)

Carrying on any of the following activities by way of business:

  1. trading in (including purchasing and selling), exporting or importing precious metals, precious stones or precious products;
  2. manufacturing, refining or carrying out any value adding work on precious metals, precious stones or precious products;
  3. issuing, redeeming or trading in precious-asset-backed instruments;
  4. acting as an intermediary in respect of any of the activities in paragraph a, b or c.

Remarks: Exception is provided for any person who carries on a logistics service business which only imports and exports precious metals, precious stones or precious products in the ordinary course of that business.

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Questions 3: Are you a party exempted from registration as listed below? (Reference: Section 53ZUA, Part 5C, AMLO)
  1. the Government, an authorized institution or a licensed pawnbroker;
  2. Financial institutions, such as a licensed corporation, an authorized insurer or a SVF licensee that carries on a precious metals and stones business that is ancillary to the insurer's principal business; or
  3. a non-Hong Kong precious metals and stones dealer*

*A non-Hong Kong precious metals and stones dealer means a person who deals in precious metals and stones in Hong Kong if –

  1. the person is either an individual who does not ordinarily reside in Hong Kong; or a legal person, other than an individual, that is incorporated or established outside Hong Kong and is not a registered non-Hong Kong company as defined by section 2(1) of the Companies Ordinance (Cap 622);
  2. the person does not have a place of business in Hong Kong; and
  3. the total number of days on which the person's precious metals and stones business is carried on in Hong Kong does not exceed 60 days in a calendar year.
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Question 4: Will you carry on a precious metals and stones business that involves the carrying out of specified cash transactions? (Reference: Section 53ZTZ, Part 5C, AMLO)

Specified cash transaction means a transaction filfulling the following description:
a transaction carried out by a person, while carrying on a precious metals and stones business, in respect of which transaction a payment or payments in cash, of at least HKD120,000 or an equivalent amount in another currency in total, is or are made or received in Hong Kong, whether the transaction is executed –

  1. in a single operation; or
  2. in several operations that are linked or appear to be linked
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Question 5: Will you carry on a precious metals and stones business that involves the carrying out of specified transactions? (Reference: Section 53ZTZ, Part 5C, AMLO)

Specified transaction means a transaction filfulling the following description:
a transaction that is carried out by a person, while carrying on a precious metals and stones business, in respect of which transaction a payment or payments, of at least HKD120,000 or equivalent amount in another currency in total, is or are made or received in any way or combination of ways (other than in cash) in Hong Kong, whether the transaction is executed –

  1. in a single operation; or
  2. in several operations that are linked or appear to be linked
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Readiness of the precious metals and stones dealer for category A registration application

Question A1: Is the applicant holding a valid Business Registration Certificate or Hawker Licence? (Reference: Section 53ZVF and 53ZVP, Part 5C, AMLO)
Question A2. Has the applicant been convicted of an offence under the AMLO and is currently in a period ordered by the magistrate to be disqualified from being registered as a registrant? (Reference: Section 53ZUE(6), Part 5C, AMLO)
Question A3: Are you certain that the precious metals and stones business which the applicant proposes to carry on will be carried on for a lawful purpose? (Reference: Section 53ZUF, Part C, AMLO)
Question A4: Does the applicant have the necessary information of all businesses premises* for declaration? (Reference: Section 53ZTZ and 53ZUF, Part 5C, AMLO)

*Businesses premises means that any premises at which the applicant carries on a precious metals and stones business, including but not limited to any premises used for the purpose of:

  1. the carrying out of face-to-face transactions with customers;
  2. the administration of the affairs or business of the applicant;
  3. the processing of transactions; or
  4. the storage of documents, data or records
Question A5: Is the applicant able to display the certificates of registration at the principal place of business and premises used for carrying out face-to-face transactions with customers as required? (Reference: Section 53ZV, Part 5C, AMLO)
Question A6: If the applicant intends to use any domestic premises as business premises, whether the applicant has secured or is able to secure the written consent of every occupant of the premises for any authorized person as defined by section 8 of the AMLO to enter the premises for the purpose of exercising the powers under section 9 of the AMLO? (Reference: Section 53ZUF, Part 5C, AMLO)

Remark: Please choose "Not Applicable" if you do not use any domestic premises as business premises.

Question A7: Have you read the information relating to the application for Category A registration in Part I and Part II of the Registration Guide?

Registration Guide

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Readiness of the precious metals and stones dealer for category B registration application

Question B1. Is the applicant holding a valid Business Registration Certificate or Hawker Licence? (Reference: Section 53ZUS and 53ZVP, Part 5C, AMLO)
Question B2. Has the applicant been convicted of an offence under AMLO and is currently in a period ordered by the magistrate to be disqualified from being registered as a registrant? (Reference: Section 53ZUE(6), Part 5C, AMLO)
Question B3. Does the applicant have the necessary information of all businesses premises* for declaration? (Reference: Section 53ZTZ and 53ZUF, Part 5C, AMLO)

*Businesses premises means that any premises at which the applicant carries on a precious metals and stones business, including but not limited to any premises used for the purpose of:

  1. the carrying out of face-to-face transactions with customers;
  2. the administration of the affairs or business of the applicant;
  3. the processing of transactions; or
  4. the storage of documents, data or records
Question B4. Is the applicant able to display the certificates of registration at the principal place of business and premises used for carrying out face-to-face transactions with customers as required? (Reference: Section 53ZV, Part 5C, AMLO)
Question B5. If the applicant intends to use any domestic premises as business premises, whether the applicant has secured or is able to secure the written consent of every occupant of the premises for any authorized person as defined by section 8 of the AMLO to enter the premises for the purpose of exercising the powers under section 9 of the AMLO? (Reference: Section 53ZUF, Part 5C, AMLO)

Remarks: Please choose "Not Applicable" if you do not or will not use any domestic premises as business premises.

Fit and Proper Test

(Applicable to questions B6 - B9)

According to Section 53ZUO and 53ZUQ, Part 5C, AMLO, the Commissioner of Customs and Excise ("CCE") may grant a Category B registration to an applicant, only if the CCE is satisfied that the individual/each partner/each director/each ultimate owner is a fit and proper person to carry on a precious metals and stones ("PMS") business/to be associated with a PMS business.

With regards to the category B registration application, the following relevant parties must apply for fit and proper person test --

  • Where the applicant is an individual (sole proprietor or hawker), the individual and each ultimate owner is subject to the fit and proper test;
  • Where the applicant is a partnership, each partner (including individual and corporation) and each ultimate owner in the partnership is subject to the fit and proper test;
  • Where the applicant is a corporation, each director (including individual and corporation), and each ultimate owner of the corporation to be associated with the business of precious metals and stones is subject to the fit and proper test.

(Reference: Section 3.3, Chapter 3, Registration Guide)

The following questions (B6 - B9) are relevant to matters that the C&ED may have regard to in determining whether an applicant is a fit and proper person. In addition to the matters that the C&ED must have regard to, the C&ED may take into account any other matter considered relevant. For details, please refer to Guide on Criteria for Determining Fitness and Propriety (Category B Registration)

Question B6. According to the criteria for determining fitness and propriety, has the relevant person been convicted of an offence in Hong Kong (see Remark 1) or a place outside Hong Kong (see Remark 2) relating to money laundering or terrorist financing, or committed any offences for which it was necessary to find that the person had acted fraudulently, corruptly or dishonestly? (Reference: Section 53ZUN, Part 5C, AMLO)

Remark 1: Whether the relevant person has been convicted of -

  1. an offence under section 5(5), (6), (7) or (8), 10(1), (3), (5), (6), (7) or (8), 13(1), (3), (5), (6), (7) or (8), 17(9), 20(1), 61(2) or 66(3) of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615);
  2. an offence under section 14 of the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575);
  3. an offence under section 25(1) or 25A(5) or (7) of, or an offence specified in Schedule 1 to, the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405); or
  4. an offence under section 25(1) or 25A(5) or (7) of, or an offence specified in Schedule 1 or 2 to, the Organized and Serious Crimes Ordinance (Cap. 455);

Remark 2: Whether the person has a conviction in a place outside Hong Kong -

  1. for an offence in respect of an act that would have constituted an offence specified in Remark 1 had it been done in Hong Kong;
  2. for an offence relating to money laundering or terrorist financing; or
  3. for an offence for which it was necessary to find that the person had acted fraudulently, corruptly or dishonestly.
Question B7. According to the criteria for determining fitness and propriety, whether the relevant person has failed to comply with a requirement imposed under the AMLO or a regulation made under section 53ZVS of the AMLO? (Reference: Section 53ZUN, Part 5C, AMLO)
Question B8. According to the criteria for determining fitness and propriety, if the relevant person is an individual, whether he or she is an undischarged bankrupt or is the subject of any bankruptcy proceedings under the Bankruptcy Ordinance (Cap. 6)? (Reference: Section 53ZUN, Part 5C, AMLO)

Remarks: If the relevant person is a corporation, please choose "Not Applicable".

Question B9. According to the criteria for determining fitness and propriety, if the relevant person is a corporation, whether it is in liquidation or is the subject of a winding up order, or there is a receiver appointed in relation to it? (Reference: Section 53ZUN, Part 5C, AMLO)

Remarks: If the relevant person is an individual, please choose "Not Applicable".

Question B10. Have you read the Guide on Criteria for Determining Fitness and Propriety (Category B Registration)?

Guide on Criteria for Determining Fitness and Propriety (Category B Registration)

Descriptions of Precious Metals and Stones Business

Question B11. Is the applicant able to illustrate the company background and structure? (e.g. company history, organizational structure, number of employees, business nature, types of goods and services provided, etc.) (Reference: A.1, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B12. Is the applicant able to illustrate the profile of customers engaging in specified cash transactions* (e.g. ratio of walk-in to long-term customers, ratio of non-Hong Kong customers, major places of residence of the non-Hong Kong customers, etc.) (Reference: A.2, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

*Specified cash transaction means a transaction filfulling the following description:

a transaction carried out by a person, while carrying on a precious metals and stones business, in respect of which transaction a payment or payments in cash, of at least HKD120,000 or an equivalent amount in another currency in total, is or are made or received in Hong Kong, whether the transaction is executed –

  1. in a single operation; or
  2. in several operations that are linked or appear to be linked
Question B13. Is the applicant able to illustrate an overview of specified cash transactions* to be carried out (e.g. expected yearly total revenue of the precious metals and stones business, total amount of cash to be received and delivered related to specified cash transactions, any limit or restriction on cash transactions and follow-up arrangements on cash received, such as depositing in bank and payments for suppliers, etc.) (Reference: A.3, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

*Specified cash transaction means a transaction filfulling the following description:

a transaction carried out by a person, while carrying on a precious metals and stones business, in respect of which transaction a payment or payments in cash, of at least HKD120,000 or an equivalent amount in another currency in total, is or are made or received in Hong Kong, whether the transaction is executed –

  1. in a single operation; or
  2. in several operations that are linked or appear to be linked
Question B14. Is the applicant able to illustrate the information of the local or overseas group holding company to which the applicant belongs (e.g. brief introduction of the group holding company, business relationship between the applicant and the group holding company, whether the group holding company is currently subject to other type(s) of supervision, such as a licence granted by other regulator/competent authority, etc.) (Reference: A.4, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

Remarks: If the applicant does not belong to any local or overseas group, please choose "Not Applicable".

Policies, Procedures and Controls under Anti-Money Laundering and Counter-Terrorist Financing Measures

Question B15. Have you read Schedule 2 of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) and the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism, and understood the respective requirements for a category B registrant who deals in precious metals and stones?
Question B16. Would the applicant put in place adequate and appropriate policies, procedures and controls to comply with the anti-money laundering and counter-terrorist financing requirements, as evidenced by policy statement(s) or other written documents? (Reference: B.1, Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures)
Question B17. Before establishing business relationships or before carrying out specified cash transactions* with customers, would the applicant conduct customer due diligence measures to identify and verify the identity of the customers and their beneficial owners, and to obtain information on the purpose and intended nature of the business relationships with the applicant? (Reference: B.2, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

Remark 1: A category B registrant must carry out customer due diligence measures in relation to a customer:

  1. before establishing a business relationship with the customer involving a specified cash transaction;
  2. before carrying out with the customer an occasional transaction that is a specified cash transaction;
  3. when the category B registrant suspects that the customer or the customer’s account is involved in money laundering/terrorist financing; or
  4. when the category B registrant doubts the veracity or adequacy of any information previously obtained for the purpose of identifying the customer or for the purpose of verifying the customer's identity.

Remark 2: For Customer Due Diligence and Record-keeping requirements, please see the circular (DPSB/AML/2023/01) issued by the Customs and Excise Department

*Specified cash transaction means a transaction filfulling the following description:

a transaction carried out by a person, while carrying on a precious metals and stones business, in respect of which transaction a payment or payments in cash, of at least HKD120,000 or an equivalent amount in another currency in total, is or are made or received in Hong Kong, whether the transaction is executed –

  1. in a single operation; or
  2. in several operations that are linked or appear to be linked
Question B18. Would the applicant carry out enhanced customer due diligence measures when dealing with situations which present a high risk of money laundering or terrorist financing (e.g. the customers have not been physically present for identification purposes or the customers are politically exposed persons)? (Reference: B.3, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B19. Would the applicant adopt the risk-based approach to continuously monitor its business relationship with the customers and their transactions, so as to ensure that the business relationship and transactions are consistent with the applicant's knowledge of the customers (e.g. to differentiate the "normal" business activities and transaction size of a particular customer from the "abnormal" ones) and identify suspicious transactions? (Reference: B.4, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B20. Would the applicant put in place a system or procedures to submit suspicious transaction reports to the Joint Financial Intelligence Unit as required under the Organized and Serious Crimes Ordinance (Cap. 455), Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405) and United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575)? (Reference: B.5, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B21. Would the applicant provide staff with appropriate training on prevention and detection of money laundering and terrorist financing activities, including training to raise their awareness of business practices against money laundering or terrorist financing? (Reference: B.6, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B22. Would the applicant provide staff with policies or guidelines in relation to the conduct of customer due diligence, criteria for identifying suspicious transactions, and relevant anti-money laundering and counter-terrorist financing measures for reference? (Reference: B.7, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B23. Would the applicant be able to implement an effective screening mechanism and know whether the customers are Politically Exposed Persons during the Customer Due Diligence procedures? Example: Subscribing to an online screening system. (Reference: B.8, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

Remark 1: A category B registrant must carry out customer due diligence measures in relation to a customer:

  1. before establishing a business relationship with the customer involving a specified cash transaction;
  2. before carrying out with the customer an occasional transaction that is a specified cash transaction;
  3. when the category B registrant suspects that the customer or the customer’s account is involved in money laundering/terrorist financing; or
  4. when the category B registrant doubts the veracity or adequacy of any information previously obtained for the purpose of identifying the customer or for the purpose of verifying the customer's identity.

Remark 2: For Customer Due Diligence and Record-keeping requirements, please see circular (DPSB/AML/2023/01) issued by the Customs and Excise Department

Question B24. Would the Applicant be able to keep records of transactions and records of customers obtained through customer due diligence measures for at least 5 years? (Reference: B.9, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

Remarks: For Customer Due Diligence and Record-keeping requirements, please see circular (DPSB/AML/2023/01) issued by the Customs and Excise Department

Appointment of Key Personnel

Question B25. Would the senior management* be able to implement effective AML/CTF systems that can adequately manage the money laundering and terrorist financing risks identified? (Reference: B.10, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")

*Senior management includes a hawker, the sole proprietor, a partner authorized by all partners of a partnership, a director or a senior management staff authorized by the board of directors of a corporation.

Question B26. Would the applicant be able to appoint a Compliance Officer (CO) at the management level to have the overall responsibility for the establishment and maintenance of the applicant's AML/CTF systems? (Reference: B.11, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B27. Would the applicant be able to appoint senior staff as the Money Laundering Reporting Officer (MLRO) to act as the central reference point for suspicious transaction reporting? (Reference: B.12, "Descriptions of Precious Metals and Stones Business & Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) Measures")
Question B28: Have you read the information relating to the application for Category B registration in Part I and Part III of the Registration Guide?

Registration Guide

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You have completed the self-assessment. Thank you.

Required category, eligibility and readiness for registration: Registration is not requiredRequired category, eligibility and readiness for registration: Registration is not required
Required category, eligibility and readiness for registration: Registration of Category A registration is required, but not yet ready / ineligibleRequired category, eligibility and readiness for registration: Registration of Category A registration is required, but not yet ready / ineligible
Required category, eligibility and readiness for registration: Registration of Category A registration is required, with medium readiness and eligibilityRequired category, eligibility and readiness for registration: Registration of Category A registration is required, with medium readiness and eligibility
Required category, eligibility and readiness for registration: Registration of Category A registration is required, with high readiness and eligibilityRequired category, eligibility and readiness for registration: Registration of Category A registration is required, with high readiness and eligibility

The dealer is recommended to apply for registration as early as possible.

Improvement on eligibility and readiness for registration is needed. Please refer to the following recommendations:

Requirement Recommendation
Possession of a valid Business Registration Certificate or Hawker Licence
(Question A1)		 The applicant shall hold a valid Business Registration Certificate or Hawker Licence.
Not in a period ordered by the magistrate to be disqualified from being registered as a registrant
(Question A2) 		The applicant shall not be in a period ordered by the magistrate to be disqualified from being registered as a registrant due to conviction of an offence under the AMLO.
Carrying on precious metals and stones business for a lawful purpose
(Question A3)		 The precious metals and stones business which the applicant proposes to carry on shall be carried on for a lawful purpose.
Possession of necessary information of businesses premises for declaration
(Question A4)		 The applicant shall possess the necessary information of all businesses premises for declaration, including any premises used for the purpose of (a) the carrying out of face-to-face transactions with customers; (b) the administration of the affairs or business of the applicant; (c) the processing of transactions; or (d) the storage of documents, data or records.
Display the certificates of registration at premises as required
(Question A5)		 The applicant shall be able to display the certificates of registration at the principal place of business and premises used for carrying out face-to-face transactions with customers as required.
Criteria for using any domestic premises as business premises
(Question A6)		 For applicant who wishes to use any domestic premises as business premises, he/she shall secure the written consent of every occupant of the premises for any authorized person as defined by section 8 of the AMLO to enter the premises for the purpose of exercising the powers under section 9 of the AMLO.
Documentation relating to Category A registration
(Question A7)		 The applicant should study the information relating to the application for Category A registration in Part I and Part II of the Registration Guide.
Required category, eligibility and readiness for registration: Registration of Category B registration is required, but not yet ready / ineligibleRequired category, eligibility and readiness for registration: Registration of Category B registration is required, but not yet ready / ineligible
Required category, eligibility and readiness for registration: Registration of Category B registration is required, with medium readiness and eligibilityRequired category, eligibility and readiness for registration: Registration of Category B registration is required, with medium readiness and eligibility
Required category, eligibility and readiness for registration: Registration of Category B registration is required, with high readiness and eligibilityRequired category, eligibility and readiness for registration: Registration of Category B registration is required, with high readiness and eligibility

The dealer is recommended to apply for registration as early as possible.

Improvement on eligibility and readiness for registration is needed. Please refer to the following recommendations:

Requirement Recommendation
Possession of a valid Business Registration Certificate or Hawker Licence
(Question B1)		 The applicant shall hold a valid Business Registration Certificate or Hawker Licence.
Not in a period ordered by the magistrate to be disqualified from being registered as a registrant
(Question B2) 		The applicant shall not be in a period ordered by the magistrate to be disqualified from being registered as a registrant due to conviction of an offence under the AMLO.
Possession of necessary information of businesses premises for declaration
(Question B3)		 The applicant shall possess the necessary information of all businesses premises for declaration, including any premises used for the purpose of (a) the carrying out of face-to-face transactions with customers; (b) the administration of the affairs or business of the applicant; (c) the processing of transactions; or (d) the storage of documents, data or records.
Display the certificates of registration at premises as required
(Question B4)		 The applicant shall be able to display the certificates of registration at the principal place of business and premises used for carrying out face-to-face transactions with customers as required.
Criteria for using any domestic premises as business premises
(Question B5)		 For applicant who wishes to use any domestic premises as business premises, he/she shall secure the written consent of every occupant of the premises for any authorized person as defined by section 8 of the AMLO to enter the premises for the purpose of exercising the powers under section 9 of the AMLO.
Fit and Proper Test
(Question B6)		 If the relevant person has been convicted of an offence in Hong Kong (see Remark 1) or a place outside Hong Kong (see Remark 2) relating to money laundering or terrorist financing, or committed any offences for which it was necessary to find that the person had acted fraudulently, corruptly or dishonestly, he/she will not pass the fit and proper test.
Fit and Proper Test
(Question B7)		 If the relevant person has failed to comply with a requirement imposed under the AMLO or a regulation made under section 53ZVS of the AMLO, he/she will not pass the fit and proper test.
Fit and Proper Test
(Question B8)		 If the relevant person is an undischarged bankrupt or is the subject of any bankruptcy proceedings under the Bankruptcy Ordinance (Cap. 6), he/she will not pass the fit and proper test.
Fit and Proper Test
(Question B9)		 If the relevant person is in liquidation or is the subject of a winding up order, or there is a receiver appointed in relation to it, it will not pass the fit and proper test.
Fit and Proper Test
(Question B10)		 The applicant should study the Guide on Criteria for Determining Fitness and Propriety (Category B Registration).
Describing company background and structure
(Question B11)		 The applicant shall be able to illustrate company history, organizational structure, number of employees, business nature, types of goods and services provided, etc.
Describing profile of customers engaging in specified cash transactions
(Question B12)		 The applicant shall be able to illustrate profile of customers, inlcuding ratio of walk-in to long-term customers, ratio of non-Hong Kong customers, major places of residence of the non-Hong Kong customers, etc.
Describing overview of specified cash transactions to be carried out
(Question B13)		 The applicant shall be able to illustrate expected yearly total revenue of the precious metals and stones business, total amount of cash to be received and delivered related to specified cash transactions, any limit or restriction on cash transactions and follow-up arrangements on cash received, such as depositing in bank and payments for suppliers, etc.
Information of the local or overseas group holding company to which the applicant belongs
(Question B14)		 The applicant shall be able to illustrate brief introduction of the group holding company, business relationship between the applicant and the group holding company, whether the group holding company is currently subject to other type(s) of supervision, such as a licence granted by other regulator/competent authority, etc.
Documentation relating to Category B registration
(Question B15)		 The applicant should study Schedule 2 of the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) and the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism, and shall understand the respective requirements for a category B registrant who deals in precious metals and stones.
Anti-money laundering and counter-terrorist financing measures
(Question B16)		 The applicant shall put in place adequate and appropriate policies, procedures and controls to comply with the anti-money laundering and counter-terrorist financing requirements, as evidenced by policy statement(s) or other written documents.
Anti-money laundering and counter-terrorist financing measures
(Question B17)		 Before establishing business relationships or before carrying out specified cash transactions with customers, the applicant shall conduct customer due diligence measures to identify and verify the identity of the customers and their beneficial owners, and to obtain information on the purpose and intended nature of the business relationships with the applicant.
Anti-money laundering and counter-terrorist financing measures
(Question B18)		 The applicant shall carry out enhanced customer due diligence measures when dealing with situations which present a high risk of money laundering or terrorist financing (e.g. the customers have not been physically present for identification purposes or the customers are politically exposed persons).
Anti-money laundering and counter-terrorist financing measures
(Question B19)		 The applicant shall adopt the risk-based approach to continuously monitor its business relationship with the customers and their transactions, so as to ensure that the business relationship and transactions are consistent with the applicant's knowledge of the customers (e.g. to differentiate the "normal" business activities and transaction size of a particular customer from the "abnormal" ones) and identify suspicious transactions.
Anti-money laundering and counter-terrorist financing measures
(Question B20)		 The applicant shall put in place a system or procedures to submit suspicious transaction reports to the Joint Financial Intelligence Unit as required under the Organized and Serious Crimes Ordinance (Cap. 455), Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405) and United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575).
Anti-money laundering and counter-terrorist financing measures
(Question B21)		 The applicant shall provide staff with appropriate training on prevention and detection of money laundering and terrorist financing activities, including training to raise their awareness of business practices against money laundering or terrorist financing.
Anti-money laundering and counter-terrorist financing measures
(Question B22)		 The applicant shall provide staff with policies or guidelines in relation to the conduct of customer due diligence, criteria for identifying suspicious transactions, and relevant anti-money laundering and counter-terrorist financing measures for reference.
Anti-money laundering and counter-terrorist financing measures
(Question B23)		 The applicant shall be able to implement an effective screening mechanism and know whether the customers are Politically Exposed Persons during the Customer Due Diligence procedures.
Anti-money laundering and counter-terrorist financing measures
(Question B24)		 The applicant shall be able to keep records of transactions and records of customers obtained through customer due diligence measures for at least 5 years.
Appointment of Key Personnel
(Question B25)		 The senior management of the applicant shall implement effective AML/CTF systems that can adequately manage the money laundering and terrorist financing risks identified.
Appointment of Key Personnel
(Question B26)		 The applicant shall appoint a Compliance Officer (CO) at the management level to have the overall responsibility for the establishment and maintenance of the applicant's AML/CTF systems.
Appointment of Key Personnel
(Question B27)		 The applicant shall appoint senior staff as the Money Laundering Reporting Officer (MLRO) to act as the central reference point for suspicious transaction reporting.
Documentation relating to Category B registration
(Question B28)		 The applicant should study the information relating to the application for Category B registration in Part I and Part III of the Registration Guide.