A52
Ord. No. 12/78
RESERVED COMMODITIES
Authorized officers.
Director and authorized officers subject to Governor's directions.
Production of
conviction by a fine not exceeding $100,000 and imprisonment for a not exceeding 2 years.
by
4. The Director may authorize in writing any public officer to exercise all of the powers conferred on an authorized officer this Ordinance or such of those powers as the Director may specify.
5. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise by the Director or an authorized officer of any powers, functions or duties under this Ordinance.
(2) The Director and every authorized officer shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Governor under subsection (1).
6. (1) In any proceedings for an offence under this Ordinance, a copy documents, copy of any document issued under this Ordinance, certified by the Director to be a true copy of such document, shall be prima facie evidence of the contents of the original document.
Burden of proof that reserved commodity is in transit.
Time limitation for criminal proceedings.
(Cap. 227.)
Forfeiture.
(Cap. 60.)
Powers of
entry, search
and seizure
and to examine documents.
(2) Any such copy purporting to be certified by the Director shall be deemed, until the contrary is proved, to have been certified by him.
7. In any proceedings for an offence under this Ordinance and in any proceedings for the forfeiture of any article by virtue of section 9, the burden of proving that any reserved commodity is an article in transit shall be upon the defendant in such criminal proceedings and the claimant in such forfeiture proceedings.
8. Notwithstanding anything in the Magistrates Ordinance, a com- plaint may be made or an information laid in respect of an offence under this Ordinance punishable only on summary conviction within 2 years from the time when the matter of such complaint or information respec- tively arose.
9. Any reserved commodity in respect of which an offence under this Ordinance has been committed shall, whether or not any person has been convicted of such offence, be liable to forfeiture under Part VI of the Import and Export Ordinance and sections 27, 28 and 30 of that Ordinance shall apply accordingly.
10. (1) Subject to subsection (2), any member of the Customs and Excise Service and any authorized officer may, for the purposes of this Ordinance
(a) enter and search any premises (other than domestic premises), or stop, board and search any vessel, aircraft or vehicle, if he has reason to suspect that there is therein-
(i) any reserved commodity in respect of which an offence under this Ordinance is being or has been committed; or
(ii) any thing which is or contains evidence of an offence under this Ordinance;
(b) stop and search any person if he has reason to suspect that such
person is guilty of an offence under this Ordinance;
(c) seize, remove and detain-
(i) any reserved commodity, if he has reason to suspect that an offence under this Ordinance is being or has been committed in respect thereof; and