intituled an
Report on an Ordinance
Ordinance to amend the Military Stores (Exportation) Ordinances, 1862 and 1914.
508
(a)
All articles the exportation of which from
Hongkong was prohibited immediately before the
making of the proclamation;
(b)
All articles comprised in the Royal Proclamation
of the 10th November, 1914, published in No.
The object of this Ordinance is two-fold:-
(a) To define the term "export"; and
(b) To provide a specific penalty for
acte done in contravention of pro-
clamationg made under the Military
Stores(Exportation) Ordinances,
1862 and 1914, and under the order
in Council of the 26th October,
1896.
"Export" has been defined in wide terms in
order to give power to deal with any cargo passing out of,
or through, the Colony, in case of necessity. It is not,
however, intended to interfere with any cargo passing
through the colony by water without transhipment un-
less the case is a very exceptional one.
On the 22nd January, 1915, a proclamation
was issued by the Governor, purporting to be made
both under the powers conferred by the Military Stores
(Exportation) Ordinances, 1862 and 1914, and under the
powers conferred by the order-in-Council of Her late
Majesty Queen Victoria made on the 26th October, 1896,
which repealed all previous proclamations made under
the Military Stores(Exportation) Ordinances, and substi-
tuted a consolidated list of articles, the exportation
of which is prohibited. This list contains the fol-
lowing articles:-
(a)
28970 of the London Gazette of the 10th November,
1914, except sugar;
(c) All articles on the lists of absolute and con-
ditional contraband.
The prohibition in this proclamation of the Governor is
a prohibition of exportation to any destination as it was
found to be unnecessary in this colony to make the distinc-
tions as to destination which appear in the Royal Procla-
mations and which appeared in the earlier Hongkong procla-
mations. Permits are freely given to export many articles
comprised in the proclamation of the 22nd January, 1915,
where there is no fear either of depleting local stocks
or of increasing enemy stores, and the system appears to
work well and without friction.
It was felt that the penalty for breach of this pro-
clamation, or of preceding proclamations,was insufficient.
Under the Military Stores(Exportation) Ordinances, 1862
and 1914, it was at least open to argument that the only
penalty was forfeiture of the goods, a penalty which it
might not be impossible to inflict, and under the Order-
in-Council of the 26th October, 1896, the only penalty
was a fine not less than 20 dollars and not more than
100 dollars or imprisonment for a term not exceeding one
month. The Ordinance accordingly provides for a
severer penalty which has been fixed by imprisonement
for any term not exceeding 12 months and a fine not
exceeding 5,000 dollars. Under the Penalties Amendment