THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 15, 1935.
Now, therefore, His Majesty by and with the advice of his Privy Council is pleased to order, and it is hereby ordered as follows:-
1.-(1) On and after the date of the making of this Prohibition Order, no goods of any of the descriptions set out in Part I of certain of the Schedule to this Order shall be exported to Italians to territory from a port or place in the United Kingdom, and. on and after such date as the Board of Trade may by order appoint, no goods of any of the descriptions set out in Part II of that Schedule shall be exported as aforesaid :
Provided that, subject to such conditions as the Com- missioners may impose for securing that the provisions of this paragraph are not evaded, this paragraph shall not apply to goods of any of the descriptions set out in the said Part II which are exported after transit through the United Kingdom or by way of transhipment.
(2) No goods which are for the time being prohibited to be exported as aforesaid shall, at any port or place in the United Kingdom, be shipped or delivered as stores on a vessel or aircraft proceeding to Italian territory, unless the Com- missioners are satisfied that the goods are required for use or consumption on that vessel or aircraft.
(3) Section one hundred and thirty-nine of the Customs Consolidation Act, 1876, shall have effect as if the reference therein to goods intended for exportation included a refer- ence to goods intended for shipment or delivery as stores, and section eleven of the Finance Act, 1914 (Session 2), as amended by section nineteen of the Finance Act, 1921, shall have effect accordingly.
(4) The exporter of any goods which, at the time of the exportation thereof, were prohibited by this Article to be exported to Italian territory, shall, if required by the Com- sioners, produce evidence to their satisfaction that the goods have not reached Italian territory, and, if the exporter fails to do so, he shall be liable to a customs penalty of treble the value of the goods or one hundred pounds at the election of the Commissioners unless he proves that he did not consent to or connive at the goods reaching such territory and took all reasonable steps to secure that the final destination of the goods was that specified in the customs documents relating to the shipment thereof.
(5) If the Commissioners have reason to suspect that any declaration made in the course of making entry before shipment by a person about to export goods of any descrip- tion set out in the Schedule to this Order is untrue in any material particular, the goods may be detained until the Commissioners are satisfied as to the truth of the declaration and, failing such satisfaction, the goods shall be forfeited.
(6) The provisions of this Article shall be in addition to and not in derogation of the provisions of section eight of the Customs and Inland Revenue Act, 1879, as amended by any other enactment, of the Exportation of Arms Act, 1900, and of any Proclamation or Order in Council made under the said enactments.
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