1984 Ed.]
Smuggling into China (Control)
[CAP. 242
3
clearance in respect only of a particular port. In the exercise of the above discretion the Director of Marine shall act in accordance with any directions he may receive from the Governor in Council.
(3) If any vessel to which this section applies is found proceeding on a course and in circumstances which render it unlikely, in the opinion of the magistrate before whom the master thereof is charged, that such master had any intention of landing the cargo at the port for which it was cleared then, unless such master shall satisfy the magistrate that he intended to land such cargo at such port, the magistrate may find him guilty of an attempt to commit an offence contrary to the provisions of subsection (1).
5. It shall be unlawful for any vessel carrying cargo destined for a port in China to enter such of the territorial waters of the Colony as are specified in the Second Schedule (hereinafter referred to as the prohibited area) without having previously been cleared in Hong Kong for such port of destination in respect of all the cargo so carried.
6. (1) It shall be lawful for any vessel of the Chinese Maritime Customs to patrol the prohibited area and to require any vessel found therein to stop in order that its papers may be examined.
(2) It shall be lawful for the Chinese Maritime Customs ---
(a) to board any vessel stopped pursuant to subsection (1) and examine the papers of such vessel for the purpose of ascertaining whether the provisions of this Ordinance have been observed; and
(b) in the event of any breach of this section to require such vessel to proceed to such point within the territorial waters of the Colony as the Chinese Maritime Customs shall specify; and
(c) to take all reasonable steps to ensure compliance with any such requirement provided that no more force than is necessary shall be employed.
(3) It shall be an offence against the Ordinance for any vessel to refuse to stop when required so to do under this section or for any master to refuse to produce, or to obstruct the examination of, papers lawfully required hereunder, or to fail to proceed to any point to which the vessel has lawfully been directed to proceed under subsection (2).
7. (1) Whenever any police or harbour authority receives a complaint from the Chinese Maritime Customs that the master of a vessel has committed an offence against this Ordinance such authority shall take all necessary steps to inquire into the offence and prosecute the offender.
Unlawful entry into prohibited areas by vessels carrying goods destined for China.
Second Schedule.
Chinese Maritime Customs to have powers to patrol in prohibited area and to board and examine the
papers of vessels found in such
area.
Prosecution of offenders. Powers of police and harbour authority.