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A new subsection (6) has been included enabling the Director of Commerce and Industry to cancel permits, etc., which have been granted, This is modelled, but with additional safeguards to the trader, upon Singapore legislation. (See section 5 of the Control of Imports and Exports Ordinance, 1950, Singapore). Permits, etc., which have been granted may not be cancelled (save where they have been obtained by false representation) if irrevocable commitments have been entered into on the strength of the permit, etc.
Subsection (7) requires the surrender of a cancelled permit, licence or certificate.
4. Regulations 5 and 6 very slightly modify sections 7(1), and 8(1) of the Ordinance by making these provisions applicable to certificates in like manner us to permits and licences.
A. Regulations 7, 8 and 10 require to be considered together. They make certain modification to the present law relating to detention, search, seizure and forfeiture as contained in sections 9 and 16 of the Ordinance and are modelled largely upan new provisions in the United Kingdom as contained in the Customs and Excise Act, 1952.
6. Regulation 7 substantially re-enacts section 9 which at present provides for arrest, search, seizure, removal and detention in the event of auspected contraventions of the Ordinance or of subsidiary legislation but with the following modifications—
(a) the persons authorized to conduct searches and make arrests, etc. are more precisely defined and now specifically include revenne officers, police officers not below the rank of sub-inspectors and commissioned officers of II. M. Armed Forces; (section 8(4)) (b) power to seize is excluded from section and is dealt with separately in section DA (introduced by regulation 8) as certain different considerations apply:
(c) power is given to detain vessels of over 250 tons and aircraft for a very limited period (12 hours) without the consent of the Colonial Secretary, but his consent is still required for deten- tion beyond that period.
7. Regulation 3 goes on to provide in a new section 9A(1) for seizure of articles in fact found after search, examination and detention to be liable to forfeiture", viz. anything dealt with contrary to the provisions of the Ordinance or subsidiary legislation and any vehicle or vessel not exceeding 250 grusa tank used in such dealing (sée section 15(1) and (2) as modified by regulation 10), (Power to seixa vessels over 260 gross tons and aircraft even with the consent of the Colonial Secretary is repealed). Section BA(2), goes on to provide protection for authorized officers who have seized articles wrongly bul on reasonable grounds, but this protection does not deprive the trader of his right to return of the seized articles or of compensation for damage to them.
& Regulation 20 modifies the procedure relating to forfeiture as contained in section 15 of the Ordinance and bringe it into line with existing provisions in the United Kingdom, Notice of seizure of any article, vehicle or vessel liable to forfeiture must be given (section 15 (3), (4) and (6)). Any person claiming that the article seized was not liable to forfeiture must give notice to the Director of Commerce and Industry that he so claims. (Section 15(6)). If no such claim is made the goods ага automatically forfeited, but it made condemnation proceedings before a magistrate must be instituted. If the magistrate finds them liable to forfeiture at the time of seizure, he must condemn them as forfeited. (Section 15(7)). The power of the Governor in Council to give effect to moral claims is retained. (Section 15 (II) ).
9. Regulation 9 seeks to incorporate into section 14 of the Ordinance a modified version of regulation 5 of the Emergency (Importation) (Miscellaneous Provisiona) Regulations, 1951 (G.N.A. 76/51) which is now rescinded by regulation 12 of these regulations. Regulation 5 of the Emergency (Exportation) (Miscellaneous Provisiona) Regulations, 1951,
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provided for a fine of one hundred thousand dollars and imprisonment for three years for illegal exportation or attempted exportation. The general penalty (except where a lesser penalty is provided for any particular offence) is now reduced to a fine of one hundred thousand dollars and one year's imprisonment (section 14(1) as modified). Regu- lation 5 of the Emergency (Exportation) (Miscellaneous Provisions) Regulations, 1961, also placed upon the accused the burden of proving be did not commit any offence of illegal exportation or attempted exporta- tion with which he was charged. Whilst it is customary in lawa relating to illegal exports and imports to place the burden of proof of certain matters within the knowledge of the accused upon the defence, (compare section 290(2) of the Customs and Excise Act, 1982) it is considered that the existing provision is too sweeping and therefore it is replaced by that contained in section 14(4) of the Ordinance as modified. This provides that where a person is charged with illegal importation or exportation, or attempted importation or exportation and it is proved the accused had the prohibited article in his possession then and then only shall the burden of proof shift to the accuseil.
10.
Regulation 11 modifying section 16(d) of the Ordinance specifles with more precision the powers of delegation to the Director of Commerce and Industry which may be made by regulation.