Seizure and forfeiture of goods destined for or coming from an enemy.
Certificate of British
customs OF consular
326
(2.) Upon the making of any such order of forfeiture the said goods shall be deemed to be the property of the Crown free from all rights of any person: Provided that it shall be lawful for the Governor-in-Council, in his absolute dis- cretion, to entertain and give effect to any moral claim to or in respect of the said goods.
(3.) In any proceeding for the forfeiture of any goods so seized as aforesaid the place of origin of such goods shall be deemed to be in territory which is or is treated as enemy country unless the contrary is proved,
11.-(1.) Where the Superintendent of Imports and Exports has reason to suspect that any goods for the time being within the Colony have been or are being directly or indirectly supplied to or for the use or benefit of an enemy, or have been or are being directly or indirectly obtained from an enemy, or have been or are being directly or indirectly supplied to or for the use or benefit of, or have been or are being directly or indirectly obtained from, any person for or by way of transmission to or from an enomy, or are destined for or have come from an enemy, such Superintendent of Imports and Exports may seize such goods, by force if necessary, and any such goods miny ou application to a magistrate be ordered to be forfeited to the Crown.
(2.) Upon the making of any such order of forfeiture the said goods shall be deemed to be the property of the Crown free from all rights of any person: Provided that it shall be lawful for the Governor-in-Council, in his absolute discretion, to entertain and give effect to any moral claim to or in respect of the said goods.
(3.) In any proceeding for the forfeiture of any goods so seized as aforesaid it shall be deemed, unless the contrary be proved, that the said goods have been or are being directly or indirectly supplied to or for the use or benefit of an enemy, or have been or are being directly or in- directly obtained from an enemy, or have been or are being directly or indirectly supplied to or for the use or benefit of, or have been or are being directly or indirectly obtained from, any person for or by way of transmission to or from an enemy, or are destined for or have come from an enemy, as the case may be.
12. In any proceeding in respect of or involving any matter, civil or criminal, arising under this Ordinance or under the Principal Ordinance or under the Trading with the Enemy Amendment Ordinance, 1915, any certificate prima facie produced from official custody and purporting to be signed by any British customs or consular officer shall be primâ facie evidence of the truth of the matters stated therein.
officer to be
evidence: Ordinance No. 18 of 1915, s. 3.
Objects and Reasons.
The object of clanses 3 to 8, both inclusive, of this Bill is to introduce the provisions of the Trading with the Enemy Amendment Act, 1914, 5 Geo. 5, c. 12, with reference to the constitution of the office of Custodian of enemy property.
Clause 9, which is founded on section 9 of the above Act, is intended to prevent the acquisition by companies of any undertakings liable to inspection under section 3 of the Principal Ordinance.
Clauses 10 and 12 propose to re-enact the provisions of the Certificates of Origin Amendment Ordinance, 1915, repealed by clause 2 of the Bill. It has been thought that it would be more convenient to have the provisions of that Ordinance in the present Bill.
The object of clause 11 is to apply to goods coming from or destined for persons of cuemy nationality in China, Siam, Persia and Morocco, the powers of seizure and forfeiture given by the above Ordinance with respect to goods coming from an enemy country.
J. H. KEMP,
Attorney General.
7