(D) by the insertion after subsection (8) of the following new
subsection-
"(8A) The Director may in his absolute discre- tion restore any article, vessel or vehicle to the person appearing to him to be the owner thereof, and on such restoration the provisions of this section shall thereupon cense to have effect in respect of such article, vessel or vehicle.";
(g) by the deletion from the first line of paragraph (b) of subsection (9) of the word "evidence" and the substitu- tion therefor of the following-
"proceedings, including the decision of the Court,";
(k) by the deletion of paragraph (c) of subsection (9) and
the substitution therefor of the following-
"(c) a certificate purporting to be issued under the hand of the Director of Marine certifying the gross tonnage of any vessel shall be admissible in evidence upon production of the certificate and without proof of the signature thereon;"; (i) by the insertion after paragraph (c) of subsection (9) of
the following new paragraph-
"(d) a certificate purporting to be issued under the
hand of the Director of Marine certifying that The gross tonnage of any vessel does not exceed 200 gross tons shall upon production of the certificate and without proof of the signature thereon be conclusive evidence as to the facts stated therein."
(f) by the deletion of the full stop at the end of subsection
(ro) and the addition of the following-
"and if the vessel or vehicle is not surrendered to the Director before or at the hearing of the case the security shall be deemed to be forfeit :
Provided that nothing in this subsection shall prevent an order for forfeiture being made in respect of such vessel or vehicle.".
Explanatory Note.
(This Note is not part of the regulations, but is intended to indicate their general purport).
These regulations made by the Governor in Council under section £ of the Emergency Regulations Ordinance (Chapter 241) amend and modify the provisions of the Importatlan and Exportation Ordinance (Chapter 50) as amended by the Importation and Exportation (Amendment)_Ordinance, 1962, and modified by the Emergency (Importation and Exportation Ordinance) (Amendment) Regulations, 1963, and the Emergency (Im- portation and Exportation Ordinance) (Amendment) Regulations, 1001.
2. Their main object, like that of the earlier emergency regulations amending and modifying the Importation and Exportation Ordinance, is to cure defecta which have been discovered in the operation of the Or- dinance and to make more effective the measures necessary in combat Ingenuity of persons minded to evade the restrictions which have been inposed upon inporta into and exporte out of the Colony. They do not introduce any further restrictions upon trade, The modifications to the existing law" made by these regulations are explained in the following paragraphs.
Regulation 1 clarifies the wording of subsection (5) of section 6 of the Ordibonce relating to unauthorized transfers of permits, certificates and licences.
4. Regulation 1 extends the powers of entry and search granted to an authorized officer by subeection (1) of section of the Ordinance lo enable him to enter and search the premises of an applicant for u licence ute. for the purpose of verifying the particulars furnished by the applicant.
5. Regulation 6 Increases the fines which may be prescribed by regulations made under section 13 of the Ordinance from $2,000 to $6,000.
Regulation 7 enacts a new section 14A providing that pro- secution for offences against the Ordinance or regulations made under it shall be commenced within a year of the offence,
T. Regulation & makes a number of modifications to section 15 of the Ordinance which prescribes the procedure relating to forfeiture. Amongst there...
(a) the Director of Commerce and Industry te empowered to restore to their owners articles, vehicles and vessels which have been seized, instead of applying for an order of forfeiture;
(b) in the case of applications for forfeiture of vessels not exceeding 250 gross tons, the Director of Marine's certiñente of tonnage is made conclusive evidence where it shows the tonnage to be less than 200 grozs bons.
8. Regulation 6 makes an uncndment to section BA of the Ordinance consequential to the amendment to agelion 15 referred to at (a) of the preceding paragraph. This gives protection to the Director of Commercs and Industry in cases where he returns goods seized instead of applying for an order of forfeiture.
(Socretariat 2/1426/53)
Council CHAMBER,
Clerk of Councils.
2nd August, 1955-