There is no question of answering the notice because the deadline has passed. The present petition is a separate mechanism, under section 30(1), for claiming the return of goods which have already been forfeited.
12
On grounds of principle, the Director of Trade, Industry and Customs' view is also supported. Smuggling affects Hong Kong's international image and casts doubts on its ability to live up to its international obligations, and the ultimate effects of all these would be undesirable for Hong Kong's external trade. Forfeiture is therefore justified as a deterrent and the question of revenue, as raised in the petition, is irrelevant in this particular
case.
13
Under section 30(2) of the Import and Export Ordinance, the Governor may either order the return of the forfeited goods or direct that the claim be referred to the Governor in Council, Under section 30(3), the Governor in Council may order the return of the goods or reject the petition. It is recommended that the petition be rejected.
Advice Sought
14
Members will be asked to advise under section 30(3) of the Import and Export Ordinance whether the claim should be granted or rejected.
(The Assistant Commissioner (Customs and Excise) (Mr W. NEIL) will attend before the Council for the discussion of this item).
5th August 1981
(ECON 1/5361/81)
COUNCIL CHAMBER
G.S. 84
RESTRICTED