CAP. 242]
Smuggling into China (Control)
[1984 Ed.
Originally 51 of 1948.
L.N. 94/74. L.N. 17/82.
CHAPTER 242
SMUGGLING INTO CHINA (CONTROL)
To give effect to an agreement negotiated by Her Majesty's Government in the United Kingdom and the Chinese National Government on behalf of the Hong Kong Government and the Chinese Maritime Customs, respectively.
[22 October 1948.]
Short title.
Interpretation.
(Cap. 1.)
1. This Ordinance may be cited as the Smuggling into China (Control) Ordinance.
2. In this Ordinance, unless the context otherwise requires—
"Harbour" has the meaning assigned to it by the Interpretation and General Clauses Ordinance;
"junk" includes lorcha and any sea-going sailing-vessel of Chinese or other Asiatic build, construction, and rig;
"magistrate" includes a marine magistrate;
"master" includes every person (except a pilot) having command or charge of any ship;
"tons" and "tonnage" mean tons and tonnage as calculated according to British measurement of registered tonnage;
"vessel" includes any ship or boat or any other description of vessel used in navigation.
Unlawful loading of goods destined for China.
First Schedule.
Unlawful landing or attempted landing of goods destined for China.
3. It shall be unlawful—
(a) in any place except the Harbour to load or cause or permit to be loaded on any vessel having a net registered tonnage of 200 or more tons any cargo destined for China;
(b) in any place, except such places as are specified in the First Schedule, to load or cause or permit to be loaded on any vessel of less than 200 net registered tons any cargo destined for China:
Provided that nothing in this section shall make it unlawful with the previous consent in writing of the Director of Marine to load or cause or permit to be loaded on any vessel elsewhere than in such place as is in this section provided any cargo destined for China.
4. (1) It shall be unlawful to land or attempt to land any cargo destined for China from any vessel loaded in Hong Kong in any place except the port for which such cargo was cleared.
(2) It shall be lawful for the Director of Marine to refuse clearance in respect of any cargo destined for China or to grant clearance subject to such conditions as he may think fit.