Prohibi- tion of removal of article
excopt with authority.
Burden of proof.
Power to seize and forfeit means of CONVEYANCE.
(3) Any person who fails to comply with a direction made under sub-regulation (1) or (2) shall be guilty of an offence: Penally: a fine of five thousand dollars and to imprisonment for two years.
4. (1) No person shall, except in accordance with the] written authority of the Director or of a public officer authorized by him in that behalf, remove or permit the removal of any chanel or article from a place in which it has been deposited by reason of a direction given under sub-regulation (1) or (2) of regulation 3.
(2) Any person who contravenes the provisions of sub. regulation (1) shall be guilty of an offence : Penalty: a fine of five thousand dollars and to imprisonment for two years.
5. (1) In any prosecution for an offence of exporting or attempting to export any article contrary to any enactment, the hurden of proof that he did not commit such offence shall lie upon the accused.
(3) Any person who is convicted of any such offence shall be liable to a fine of one hundred thousand dollars and to imprison meal for three years.
6. (1) The Director or any public officer authorized by him in that hebalf may seize, remove and detain any aircraft, vehicle or vessel in which he finds any article which he has reasonable cause to suspect any person is exporting or attempting to expor contrary to any enactment : Provided that no vessel exceeding 300 grass tons and no aircraft may be seized, removed and detained without the prior consent of the Colonial Secretary.
(2) A magistrate may order to be forfeited to the Crown any aircraft, vehicle or vessel which has been seized, removed and detained under sub-regulation (1) if he is of opinion that soy person was exporting or attempting to export any article therein contrary to any enactment, whether or not any person has bee convicted of such offence.
(3) Upon the making of any order of forfeiture under suh- regulation (2) the aircraft, vehicle or vessel the subject of such order shall be deemed to be the property of the Crown free from all rights of any person: Provided that it shall be lawful for the Governor in Council in his absolute discretion to entertain and give effect to any moral claim to or in respect of such aircraft, vehicle or vessel.
1. Upon proof of any contravention of any condition con- Idability tained in any export licence, the person to whom such export for breach licence has been issued shall be deemed to be guilty of an offence: condition
in export Penalty a line of five thousand dollars and to imprisonment for
licence. two years.
in
8. (1) Any person who in any application for an export False licence makes any statement or furnishes any information, whether statementa such statement or information is verbal or in writing, which is applica- false in a material particular, und which he knows or has reason. tion for to believe is false, shall be guilty of an offence: Penalty; a fine licence. of five thousand dollars and to imprisonment for two years.
(2) In any prosecution for an offence contrary to sub- regulation (1) the burden of proof that he did not know that such statement or information was false or that he did not have reason to believe it to be false, shall ife upon the accused.
COUNCIL Chamber, Hose KoNG,
20th April, 1951.
Explanatory Nole.
мы Clerk of Councils.
Restrictions upon the export of certain goods are contained in various orders made under the Importation and Exportation Ordinance. 1815, and under regulation 50 of the Defence Regulations, 1960. Those orders permit the export of such gooda only under licence.
2. Experience has shown that in the present situation further powers ure desirable to ensure that the above mentioned restrictions are noteraded. The above regulations (made under the Emergency Regulations Ordinance, 1922) Reek Lo achieve this objective. Int particular, they enable the Director of Commerce and Industry or a person authorized by him to direct goods to be deposited in specified places (regulation 3) and permit the seizure and confiscation of the means of conveyance of goods in the process of being exported without a licencę regulation 6). A very heavy penalty (fine of one hundred thousand dollars and imprisonment for three years) is imposed for the ofence of exporting or attempting to export without a licence and the burden of proof that such offence has not been committed is placed upon the accused regulation 6). Absolute liability for breach of any condition contained in an export licence is placed upon the person to whom such licence is sued (regulation 7) and penalties are provided for making false state- mals in applications for export licences (regulation 8).
3. The regulations do not expressly amend the Importation and Exportation Ordinance, 1915, but are generally designed to he supplemental both to that Ordinance and regulation 50 of the Defence Regulations, 1950. The penalty provided by regulation 5(2) for attempting to export without 4 licence is considerably higher than that already provided by the Importation and Exportation Ordinance, 1916. It has not been considered Decessary to amend that Ordinance because section 2(4) of the Emergency Regulations Ordinance, 1922, provides that any emergency regulation shall have effect notwithstanding anything inconsistent therewith contained in any enactment and that the portion of the enactment affected by the cosistency shall have no effect so long as the emergency legislation continues in force.
export
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