Penalties and
export at one of the places excepted under sub-section (1) or that be had no intention of exporting such goods he shall not be found guilty of any offence against this section.
(3) Any officer of police, any revenue officer and any person authorised by regulation made by the Governor in Council under this Ordinance may in lien 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 sub-section (1) of this section 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.
(4) This section shall not apply to-
(e) any commodity the product of or utilised in animal or vegetable husbandry; or
(b) any class of goods which the Governor may by notification in the Gazette exempt from the operation of this maction; or
(e) goods the aggregate value of which does not exceed two hundred Hong Kong dollara.
9. (1) Any offence against the provisions of this Ordinance may be prosecuted summarily before a magistrate in accordance enforcement, with the procedure prescribed by the Magistrates Ordinance, 1932, and shall be punishable by fine not exceeding two thousand dollars or by imprisonment for any term not exceeding one year.
Ordinance
No. 41 of 1937.
(2) Upon it being shown to the satisfaction of મ magistrate that an offence against this Ordinance has been com- mitted in respect of any particular goods or cargo ha may whether any person has been convicted of such offence or not order that the same be forfeited to the Crown: Provided that the Governor in Council may in his absolute discretion entertain and give effect to any moral claim to or in respect of such gooda or cargo.
(3) Every vessel, the master of which is charged with having violated the provisions of this section, may be forthwith arrested and detained, unless bail to the satisfaction of a magis- trate is given, until such master shall either have been acquitted, or, if found guilty, shall have paid the fine inflicted upon bim, and in case he shall fail to pay, within ten days, any fine inflicted upon him, the same may be recovered by the sale of auch vessel and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such fine, shall be paid to the owner of the vessel if claimed within twelve months from the date of the sale, and if not claimed within that period, shall be forfeited: Provided that in case it shall be brought to the knowledge of the magistrate that there is in the Colony any consignee or agent of such vessel, no sale thereof shall be made outil three days" notice in writing shall have been given to him.
(4) Every vessel forfeited or sold under this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Director of Marine, which shall confer upon such purchaser, his executors, administrators and assigns an absolute title to such vessel.
10. (1) This Ordinance shall not apply to His Majesty's Saving. ships of war or to the ships of war of any foreign Government.
(2) Nothing herein contained shall be construed as giving the Chinese Maritime Customs any right other than such rights for which express provision has been made nor shall anything herein contained be construed as a waiver of any right which the Government of Hong Kong is entitled to exercise according to the Law and Customs of Nations.
11. Nothing in this Ordinance shall prevent any person from Penalties being subject to any fine or punishment under the Merchant under Shipping Ordinance, 1899, or to any other fine or punishment to Ordinance which he would have been subject if this Ordinance had not been passed.
to be in addition te proalties under any other law,
12. This Ordinance shall cease to have effect as from such Doration. day as the Governor acting with the advice of Executive Council way by Proclamation specify and such censation shall have the same effect as if the Ordinance had been repealed.
FIRST SCHEDULE.
Such portion of the Yaumati Typhoon Shelter as the Director of Marine of Hong Kong may direct, or the Port of Taipo.
SECOND SCHEDULE.
††
1. Deap Bay Area. That part of the waters of Deep Bay bounded on the North by the shores of that Bay, and on the South by a line drawn 067" from a point "A" on the Western Boundary of the Waters of the Colony in Latitude 22 27 10 North, Longitude 113° 52′ 00′′ East to a position B in Latitude 32° 30′ 21′′ North, Longitude 114° 00′ 18′′ East and thence 090° to a point "C" where this line meets the coast in Latitude 20° 30′ 21 North, Longitude 114° 02′ 40′′ East as the same are delineated and marked on a chart, the geographical coordinates of which are based on British Admiralty Chart No. 3681 and twelve counterparts of which, for the purpose of record and identification, have been signed by Mr. Fu-yun Chang, Director General of the Chinese Maritime Customs representing the Chinese Maritime Customs and Mr. D. M. MacDougall, c.aria. on behalf of the Government of Hong Kong, and two counterparts of which have been deposited with the Clerk of Councils and Land Officer respectively.