A190
Ord. No. 40/85
CUSTOMS AND EXCISE SERVICE (AMENDMENT)
HONG KONG
No. 40 OF 1985
I assent.
Short title.
Amendment of section 2.
(Cap. 342.)
Amendment of section 3.
Repeal and replacement of section 4.
Amendment of section 6.
Amendment of section 7.
L.S.
David AKERS-JONES, Acting Governor. 11 July 1985
An Ordinance to amend the Customs and Excise Service Ordinance; to make ancillary amendments to various Ordinances concerning the Commissioner of Customs and Excise; and for connected purposes.
[12 July 1985]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Customs and Excise Service (Amend- ment) Ordinance 1985.
2.
Section 2 of the principal Ordinance is amended-
(a) by deleting the definitions of “ “Commissioner”, "Deputy Commissioner"
and "Assistant Commissioner" " and substituting the following-
"Assistant Commissioner" means an Assistant Commissioner of
Customs and Excise;
"Commissioner" means the Commissioner of Customs and Excise;";
and
(b) by inserting after the definition of "Customs and Excise Service" the
following-
First Schedule.
3.
"customs officer" means a member holding any office specified in Part
IV of the First Schedule;
"Deputy Commissioner" means a Deputy Commissioner of Customs
and Excise;"
Section 3 of the principal Ordinance is amended by deleting "the Colony" and substituting the following-
“Hong Kong”.
4. Section 4 of the principal Ordinance is repealed and replaced by the following-
"Direction and
4. Subject to section 4A, the Commissioner shall be charged administration. with the direction and administration of the Customs and Excise
Service.".
5. Section 6 of the principal Ordinance is amended by deleting "the Colony" and substituting the following-
“Hong Kong”.
6. Section 7 of the principal Ordinance is amended-
(a) in subsection (1)—–—
(i) by deleting "the Deputy Commissioner and the" and substituting the following-
"a Deputy Commissioner and an”; and
CUSTOMS AND EXCISE SERVICE (AMENDMENT)
Ord. No. 40/85
A191
(ii) by deleting "dismiss a subordinate officer" and substituting the following-
"dismiss or compel the retirement of a customs officer”; and (b) in subsection (2) by deleting "dismiss a subordinate officer" and substituting
the following-
"dismiss or compel the retirement of a customs officer".
Section 18 of the principal Ordinance is amended by deleting paragraph (c) Amendment of and substituting the following—
7.
section 18.
"(c) gifts of money required under paragraph 8(2)(c)(iii) of the Acceptance of Advantages (Governor's Permission) Notice 1981 to be disposed of by being paid into the Customs and Excise Welfare Fund;”.
8.
Section 56A(7) of the Immigration Ordinance is amended, in the definition Amendment of of "Commissioner of Customs and Excise", by deleting "the Deputy Commissioner" Immigration
Ordinance. and substituting the following-
"a Deputy Commissioner".
9.
The Dangerous Drugs Ordinance is amended—
(a) in section 52(10) ——
(Cap. 115.)
Amendment of Dangerous Drugs Ordinance.
(i) by inserting after the definition of "article liable to seizure" the (Cap. 134.) following—
““Commissioner of Customs and Excise” includes a Deputy Commis-
sioner of Customs and Excise and an Assistant Commissioner of Customs and Excise;"; and
(ii) by deleting the definition of "Commissioner of the Customs and Excise Service";
(b) in section 53A(10)—
(i) by inserting before the definition of "Commissioner of Police" the following
"Commissioner of Customs and Excise" includes a Deputy Commis-
sioner of Customs and Excise and an Assistant Commissioner of Customs and Excise;"; and
(ii) by deleting the definition of "Commissioner of the Customs and Excise Service"; and
(c) in sections 38B, 38C, 38D, 38E, 38F, 38G, 52, 53A and 53B, by deleting "Commissioner of the Customs and Excise Service" wherever it occurs and substituting the following--
"Commissioner of Customs and Excise".
10. (1) The Ordinances specified in the second column of the Schedule are Ancillary amended to the extent set out in the third column thereof.
(2) This section shall be deemed to have come into operation on 1 August 1982.
amendments. Schedule.
11. In any instrument, contract or legal proceedings made or commenced before Transitional. the commencement of this Ordinance, the title of Commissioner of Customs and Excise shall be substituted for the Commissioner of the Customs and Excise Service.
Item
Title
1
International Organizations and Diplomatic
SCHEDULE
Amendments
[s. 10.]
Privileges Ordinance
The First Schedule is amended in paragraph 4 of (Cap. 190.) Part I by deleting “Director of Trade, Industry and Customs" and substituting the following—
"Commissioner of Customs and Excise".