(b) by the insertion in the first line of paragraph (a) of sub- section (9) after the words "the claimant shall" of the following word-
"first";
(e) by the insertion after subsection (9) of the following new
subsection-
"{9A). If no claimant satisfies the magistrate that at the time of seizure he had a proprietary interest in the article, vessel or vehicle so seized, such article, vessel or vehicle shall be deemed to be forfeited.''
4. The purpose of regulation 4(b) is lo clarify the procedure to be adopted in applications for condemnation. The claimant in such pro- readings trust commence by satisfying the magistrate that at the time of seizure he had a proprietary interest in the article seized.
5, When an application for condemnation of any article is made to a magistrate it is necessary for the claimant in such proceedings to satisfy the magistrate that he had a proprietary interest in such article. There is however no provision in the Ordinance as to what happens to such article if no claimant satisfies the magistrate that he had auch an interest. Regulation 4(c) provides that in such circumstances the goods are deemed to be forfeited.
(Secretariat T.C. 150/53)
COUNCIL CHAMBER,
29th June, 1954.
Clerk of Councils.
Explanatory Note.
(This Note is not part of the regulations bact in intended to
indicate their general purport.)
1. The purpose of these regulations, made by the Governor in Council under section 2 of the Emergency Regulations Ordinance (Chapter 241) is to amend and clarify the Importation and Exportalion Ordinanca (Chapter 50) as amended by the Importation and Exportation (Amendment) Ordinance, 1952, and modified by the Emergency Importa- tion and Exportation Ordinance) (Amendment) Regulations, 1953.
2 Regulation 3 removes a doubt which has arisen as to the inter- pretation of the words "any regulation made thereunder", ie, any regula- tion made under the Ordinance. Prior to the Importation and Exporta- Lion (Amendment) Ordinance, 1952, the Governor in Council exercised his powers in relation to importation and exportation by means of orders. The amemling Ordinance of 1952 provided that such powers should be exercised by way of regulations. The expression "any regulation made thereunder"" occurs in the Ordinance as amended and modified and the purpose of this regulation is to establish that this expression includes orders still in existence which were marle under the Ordinance prior to the 1952 amendment.
3. The Supreme Court has recently held that the provisions of the Ordinance as amended and modified relating to condemnation do not apply The where there has been an attempted contravention of the Ordinance. purpose of regulation 4(a) is to amend section (1) so that the provisions relating to forfeiture apply both to contraventions aux attempted contraventions.