1963-HKRS28-8-30_Part02 — Page 26

Restrictions

on dealing

with and possession

of certain goods

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17. (1) No person shall import or export or have in his posses- sion, custody or control or in any way deal with or dispose of, any goods to which this Ordinance applies-

(a) except in accordance with the provisions of this Ordinance

and any regulations made thereunder; or

(b) unless he has discharged all the obligations with respect to the goods imposed upon him by or under this Ordinance.

(2) No person shall have in his possession, custody or control any goods knowing that in respect thereof an offence against this Ordinance has been committed:

Provided that no person shall be convicted of an offence against this subsection if he proves that when such goods came into his passes- sion, custody or control he had good and sufficient reason to believe that the provisions of this Ordinance and of any regulations made thereunder relating to the goods had been complied with.

(3) No person shall import, export, produce, make, manufacture, sell, whether wholesale or retail, or advertise or expose for sale, or supply, any goods to which this Ordinance applica unless he is authorized to do so by and under and in accordance with a prescribed licence or permit or, if both a licence and a permit are prescribed for any transaction, both such licence and such permit:

Provided that this subsection shall not apply in the case of goods which are exempt from duty or in such other cases, in relation to duty- paid goods, as may be prescribed by regulations, or in the case of any transaction for which a licence or permit is not prescribed, or in the case of the import of transit and transhipment cargo or in the case of the export of transhipment cargo.

(4) No person shall sell, advertise or expose for sale, or supply. any goods to which this Ordinance applies, as goods of a standard prescribed by regulations, if the goods are not goods of that standard.

(5) No person shall have any dutiable goods in his possession, custody or control unless--

(4) he is

(i) the holder, or the servant of the holder, of a removal or export permit, personally conveying the goods direct from one place, ship, vehicle, train or aircraft to another place. ship, vehicle, train or aircraft in accordance with the permit; or (ii) the liceasce, or the servant of the licenses, of a general bonded warehouse, personally conveying the goods, if imported in a ship, vehicle, train or aircraft and duly entered in the manifest, direct from the ship, vehicle, train or aircraft in which they were imported to the warehouse; or

(b) the goods are-

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(i) in a general bonded or a licensed warehouse; or

(i) in a place licensed for the manufacture of such goods; or

(iii) on railway premises and under the control of the railway authorities, if the nature of the goods has been dis- closed to those authorities; or

(iv) in a ship, vehicle, train or aircraft, if the goods were imported, or are to be exported, in that ship, vehicle, train or aircraft and are duly entered in the manifest.

It shall be no defence to any charge under this subsection or sub- section (1) or (2) that the possession or control of the accused was a joint possession or control.

K. 10.

(6) No person, not being authorized so to do by permit or other- 2 & 3 wil, wise in accordance with the provisions of this Ordinance and any 4 c. 16. regulations made thereunder, shall remove, deliver or send out any dutiable goods from his stock, custody or possession; nor shall any person take, receive or have in his stock, custody or possession any dutiable goods removed or delivered thereto in contravention of this subsection.

(7) No person shall, on his own account or on behalf of another, sell, offer for sale or buy any dutiable goods which are in this Colony. unless the goods are—

(a) in a general bonded or licensed warehouse; or (b) in the place where they were manufactured; or

(c) in the ship, vehicle, train or aircraft in which they were

imported; or

(d) on the railway premises.

(8) The onus of proving that dutiable goods are in course of direct removal from any place, ship, vehicle, train or aircraft to any other place, ship, vehicle, traip or aircraft shall be upon the accused.

licensed

18. (1) Notwithstanding anything in this Ordinance, an auctioneer Saving as licensed under the Miscellaneous Licences Ordinance may, without any to sale of licence under this Ordinance, sell any goods to which this Ordinance goods by applies by auction but, unless the person for whom he sells holds a auctioneer. prescribed licence to sell such goods, only with the written permission (Cap. 114), of the Director.

(2) The auction may be held on the auctioneer's premises or on any premises at which his principal is licensed to sell the goods or at any place indicated in the permission aforesaid.