1984 Ed.]

Reserved Commodities

[CAP. 296

5

(2) The Commissioner or 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).

(Amended, L.N. 294/82)

6. (1) In any proceedings for an offence under this Ordinance, a 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.

(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.

Production of copy documents, Burden of proof that reserved commodity is in transit.

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 complaint 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 respectively 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

Time limitation for criminal proceedings. (Cap. 227)

Forfeiture. (Cap. 60.)

Powers of entry, search and seizure and to examine documents.

Share This Page