1952-HKRS30-8-42_Part01 — Page 24

Certificates issued before

to be deemed to have

been

issued

by delivering the same to him personally or by letter addressed to him and transmitted by post to or delivered at his last known place of abode or business, if known. And all goods scized and detained shall be deemed and taken as condemned, and may be sold or otherwise disposed or in such manner as the Director may direct unless the person from whom the seizure shall have been made or the owner thereof or some person authorized by him, shall within one calender month from the date of seizure give notice in writing to the Director that he claims the goods seized and detained or intends to claim them, whereupon summary proceedings shall be instituted by the Director for the forfeiture or condemnation thereof. But if the goods seized and detained be of a perishable nature the same may, by direction of the Director, be sold and the proceeds thereof retained to abide the results of any claim that may legally be made in respect thereof.

(3) Notwithstanding the provision of sub-regulations (1) and (*) of this regulation 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 any goods forfeited or condemned there- under,

When any information shall have been exhibited before a magistrate for the forfeiture of any goods seized and detained under these regulations such magistrate is hereby required to summon the owner of such goods or the person from whom they were seized to appear before him or any other magistrate and upon his or her appearance or default to appear, due service of such summons being proved, such magistrate may proceed to the examination of the matter and on proof that the goods are liable to forfeiture under these regulations shall condemn the same.

8. Where prior to the enactment of these regulations an Essential Supplies Certificate has been issued by the Director in enactment respect of the importation of goods into the Colony such certificate shall be deemed to have been issued under these regulations and the breach after the date of enactment of any term or condition contained in any application or declaration made for the purpose of obtaining the issue of such certificate shall be punishable in like regulations, manner as if such application or declaration had been made under these regulations: Provided that a person who has made application for such certificate or persons who have made declara- tions in support of such application prior to enactment shall not be liable to the penalties prescribed by regulation 4 of these regulations.

under these

call for

Essential

9. (1) The Director or a public officer authorized by him in Powers to that behalf may require any person by or on whose behalf goods informa. have been, or are in the course of being, or are about to be tion as to imported and in respect of the importation of which an Essential ods

imported Supplies Certificate has been issued, or any person who is or has under an been concerned or interested in such goods or in their importation Supplies to produce such documents and answer such questions and to Certificate. furnish such information and in such form as the Director or public officer authorized by him in that behalf in his absolute discretion deem necessary for the effective exercise of his powers and the performance of his duties under these regulations.

(a) Any person who fails without lawful excuse to comply with any requisition under this regulation shall be guilty of an offence and be liable on summary conviction to a fine of ten thou- sand dollars and imprisonment for 6 months.

(3) Any information given and any answer made to any question put in compliance with the provision of this regulation may be proved in evidence against the person giving or making the same or his principal in any prosecution, notwithstanding that it may tend to criminate the one or the other.

call for

10. (1) The Director or any public officer authorized by him Powers to in that behalf may require any person by or on whose behalf production goods have been imported and in respect of which an Essential of goods Supplies Certificate has been issued or any person who is or have oxamina- been concerned or interested in such goods or their importation tion and to produce such goods for inspection and examination.

for

to enter and

Bentch

(2) The Director or any public officer authorized by him in premises. that behalf may for the effective exercise of his powers under this regulation enter and search any premises in which any such goods are kept or in which they are alleged to be kept.

(3) Any person who fails without lawful excuse to comply with any requisition under sub-regulation (1) or who obstructs or hinders the Director or any public officer authorized as aforesaid in entering or searching any premises under powers conferred by sub-regulation (2) shall be guilty of an offence and shall be liable on summary conviction to a fine of ten thousand dollars and imprisonment for 6 months.

11. A fee of $3 shall be payable in respect of each applica- Fee tion for an Essential Supplies Certificate.

payable on application for Essential Supplies Certificate.