(Cap. 98).
Modifica-
tion of
section 16.
(9) In any application to a magistrate as aforesaid- (a) the claimant shall satisfy the magistrate that at the time of the seizure the claimant had a proprietary interest in the article, vessel or vehicle so seized; (b) a certified true copy of the record of evidence in any criminal trial relating to such article, vessel or vehicle shall be admissible in evidence;
(e) a certificate purporting to be under the hand of the Director of Marine specifying gross tonnage of such vessel shall be admissible in evidence.
(10) Where proceedings as aforesaid are taken for con- demnation of a vessel or vehicle the magistrate may order delivery to the claimant of the vessel or vehicle seized until the hearing of the case on security being given by payment into court of a sum of money equivalent to the value of the vessel or vehicle as assessed by the Director.
(11) Notwithstanding the earlier provisions of this section it shall be lawful for the Governor in Council in his absolute discretion after the conclusion of legal proceedings, if any, to entertain and to give effect to any moral claim to or in respect of any article, vessel or vehicle liable to forfeiture.
(12) Where pursuant to the provisions of section 14 of the Post Office Ordinance, any postal packet is by direction of the Governor to be dealt with by being delivered to the Director on the ground that its transmission by post con- stitutes a breach of any regulations made under section 3, 4 ors of this Ordinance such packet shall, for the purpose of subsequent proceedings, be deemed to have been an article seized as liable to forfeiture and shall be dealt with for all purposes in like manner as if it had been seized under the provisions of this Ordinance."
11. During the continuance in force of these regulations paragraph (d) of section 16 of the Ordinance shall be applied with modifications to read as follows--
"(d) (1) for the Director to amend any Schedule to any
regulations made under this Ordinance,
(ii) for empowering such authorities or persons as
may
be specified in the regulations to make orders and rules and to issue directions and to make or issue notices, permits, certificates or licences or other documents for the purposes of the regulations, and
(il) for the delegation by the Director to any persons appointed by him of any powers, duties and discretions granted to the Director thereunder.”
12. Regulations of the Emergency (Exportation) (Mis- Rescission cellaneous Provisions) Regulations, 1951, is rescinded.
Council Chamber, 7th July, 1953-
(Secretariat 2/1426/53)
Explanatory Note.
Whench
Clerk of Councils.
(This Note is not part of the regulationg but is intended,ta indicate their general purport.)
1. These regulations, made by the Governor in Council under nection 2 of the Emergency Regulations Ordinance (Chapter 241) antend and modify the provisions of the Importation and Exportation Ordinance (Chapter 50 Their object is to cure without delay certain defects which have been discovered in the operation of that Ordinance and to make more effective the measures necessary to combat the ingenuity of persons minded to avade the restrictions which have been imposed upan imports into and exports from this Colony. These regulations do not however introduce new restrictions upon trade in this Colony, They appear somewhat long, but the alterations made to the oxisting law are comparatively few, the length of the regulations being caused by the fact that, for ease of reading the Ordinance an modified, whole sections and subsections have been reproduced even in those cases where only minar modifications of form have been made. The modifications to the existing law as made by these regulations, are explained in the following paragraphs.
2. Regulation introduces two new definitions into section 2 of the Ordinance, namely, "revenue officer", and "vehicle",
3. Regulation 4 modifies section of the Ordinance.
Subsection (1) leaves unaltered the rule that permits and licences are grantable in the discretion of the officer authorized to issue them. "Certificates" are added to permits and licences, and come under the same rule. A new provision is however introduced empowering the Director to add new conditions after the grant of a licence, etc., or to vary those already imposed.
Subsection (2), which creates an offence upon proof of contraven- tion of any condition in a permit, etc., has been re-worded, but the sense remains the same.
Subsection (3) has been divided into two subsections but no substantial new provision has been introduced.
A new subsection (5) has been included creating a new provision making it an offence to transfer a permit, etc., with intent to deceive or to allow any other person with such intent to use such permit, etc.
of regula- tion & of G.N.A.. 76/51.
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