Recovery of duly, etc.
Search of
goods,
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period of seven days, such period to commence seven days before any- thing is sold.
(6) The proceeds of sale of any such distress as aforesaid shall be applied in or towards payment of the cost and expenses of the distress and sale and in or towards payment of the duty due from the licensee, and the surplus, if any, shall be paid to the licensee.
32. Without prejudice to any other made of recovery provided in this Ordinance, any duty payable or sum forfeited or deemed to be forfeited under this Ordinance shall be deemed to be a debt due to the Crown.
33. (1) Any person landing from or proposing to embark in any baggage and ship or aircraft or entering or leaving the Colony by land shall on demand by any member of the Preventive Service or police officer either permit bis person, goods and baggage to be searched by such member or officer or together with his goods and baggage accompany such member or officer to a place appointed by the Director or to the office of the Director or to a police station and there permit his person, goods and baggage to be searched by any member of the Preventive Service or police officer in the presence or under the supervision of a member of the Preventive Service not below the rank of revenue sub- inspector or a police officer not below the rank of inspector:
Examination of articles (other than baggage) on shore, ship,
etc.
Provided that no female person shall be searched except by a female:
Provided further that the goods and baggage of any person who wishes to be present when they are searched shall not be searched except in bis presence.
(2) Any member of the Preventive Service or police officer may make the searches authorized by this section and any person who refuses to comply with any lawful demand under this section may be arrested without warrant by the officer making the demand,
34. Any box, chest, package or other article, other than passenger's baggage accompanied by the owner thereof, which is being landed from or is being embarked on any ship, aircraft, vehicle or train or has been landed therefrom or is in or on board thereof, or which is on or is being removed from or on to any island, landing place, wharf, ware- house, platform or place adjoining thereto or used in connexion there- with, or which is being brought into or which is being taken out of or bas been brought into this Colony by land, sea or air-
(a) may be examined and searched by any member of the Preven- tive Service and may be detained until any person in charge thereof has opened the same for such examination and search, and if not so opened may be removed by such member of the Preventive Service to such place as the Director may direct;
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(b) may be broken open by the orders of any member of the Preventive Service authorized by the Director in that behalf either generally or for a particular occasion, or of any police officer not below the rank of inspector, for such examination and search:
Provided that any person in charge or possession of such box, chest, package or other article shall be given every reason- able facility for being present at such breaking, examination and search.
35, (D) No person shall without lawful authority or excuse bave Improper in his possession any label, wrapper or mark issued by the Director for possession use under this Ordinance.
(2) No person shall without lawful authority or excuse have in his possession, with intent that it may be used on another container any label, wrapper or mark which has been removed from any container.
(3) No person shall without lawful authority or excuse have in his possession any label, wrapper or mark so resembling any such label, wrapper or mark as to constitute a colourable imitation thereof, or shall have in his possession any die, block or type apparently intended for the production of any such label, wrapper or mark,
(4) For the purposes of this section. "label", "wrapper or mark”, "die". "block" and "type" shall be deemed respectively to include any portion of a label, wrapper or mark, die, block or type.
of labels, etc.
concealment,
36 (0) No person shall make any incomplete statement or declara- Misrepresen- tion or furnish any incorrect information, whether or not such statement, tation, declaration or information is made verbally or in writing, or apply any removal of incorrect description or supply any incorrect particulars in any document goods, and made or furnished for the purposes of this Ordinance or in connexion defacement with any application for any drawback or for any licence or permit to be issued under this Ordinance.
(2) Any person who...
(a) with intent unduly to obtain any drawback or any greater drawback than that to which he is entitled or who attempts to evade payment of duty on any goods to which this Ordinance applies, embarks or causes to be embarked for exportation on any ship or aircraft, or produces or causes to be produced t any member of the Preventive Service to be so embarked-
(i) any goods to which this Ordinance applies and which are not entitled to drawback or not intended for export; or
(ii) any goods, matter or thing as goods to which this Ordin- ance applies, the same not being goods to which this Ordinance applies or which are different in type, nature, quantity or
of licence or permit.
3 & 4 Vict.
4. 18. x. 15.
* & 9 Geo.
5 c. 15, n. 15 (5)