CAP. 242]
Smuggling into China (Control)
(Cap. 281.)
Export of goods into China prohibited save at excepted places.
[1984 Ed.
(2) Such authority shall for such purposes and also for the purpose of enforcing this Ordinance have all the powers conferred by section 78 of the Merchant Shipping Ordinance as if the same had been herein set forth save that the expression "offence against this Ordinance" shall be substituted for the expression "felony or misdemeanor" wherever the same occurs in the said Ordinance and save that a refusal to comply with the lawful requirement of such authority shall be deemed to be an offence against this Ordinance and be punishable accordingly.
8. (1) No person shall export or attempt to export goods into China at any place across the land frontier between Hong Kong and China except the following:
(a) such points at Sha Tau Kok as the Regional Secretary (New Territories) shall, in such manner as he deems best calculated to inform the public, specify or mark; (Amended L.N. 94/74 and L.N. 17/82)
(b) such points opposite Lin Tong as the Regional Secretary (New Territories) shall, in such manner as he deems best calculated to inform the public, specify or mark; (Amended L.N. 97/74 and L.N. 17/82)
(c) the points where the Kowloon-Canton road crosses the frontier;
(d) Lo Wu Railway Bridge;
(e) such places as the Governor in Council may by regulation prescribe.
(2) An attempt to export goods into China under subsection (1) shall be deemed to have been made by any person found in possession of goods at any point within 50 yards of the land frontier aforesaid not being a point within 50 yards of the places specified in or prescribed under subsection (1):
Provided that if on being charged before a magistrate such person is able to satisfy the magistrate that he was intending to export at one of the places excepted under subsection (1) or that he had no intention of exporting such goods he shall not be found guilty of any offence against this section.
(3) Any police officer, any member of the Customs and Excise Service and any person authorized by regulation made by the Governor in Council under this Ordinance may in lieu of charging such person before a magistrate require any person found in possession of or carrying goods at any point within 50 yards of the land frontier aforesaid to specify at which of the places excepted from the prohibition in subsection (1) he proposes to export the goods and on such place being specified may require him to proceed to such place forthwith. It shall be an offence to fail to comply with any requirement made hereunder.
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