1965-HKRS30-8-56_Part03 — Page 40

Import mudifcate And other particulars.

imposed by the Director is cancelled or reduced by the Governor in Council, the extra charge or the penalty, or, as the case may be, the excess of the extra charge or the excess of the penalty paid shall forth- with be repaid to the petitioner.

PART III.

MANIFESTS AND OTHER INFORMATION.

10. (1) The manifest of cargo imported in every ship or aircraft which arrives within the Colony shall be lodged with the Director or such other officer as he may appoint by the owner, master or comprador of the ship or the owner or person in charge or command of the air- craft, as the case may be, and in respect of each article specified therein shall give the following particulars-

(a) the number, description and gross weight of the package or

packages containing the article:

(b) the distinguishing marks or numbers appearing on each

package:

(c) a description of the article in each package;

(d) the name and address of the consignor of each package: (e) the place at which each package was loaded on to the ship or

aircraft;

(f) the reference number and letters of the bill of lading in respect

of the consignment of each package;

(g) as regards transhipment cargo, a plain indication of that fact:

and

(A) such other particulars as the Director may from time to time,

by notice in the Gazette, require.

(2) Every manifest required to be lodged under paragraph (1) shall be lodged within ninety-six hours after the arrival of the ship or aircraft within the Colony on the occasion concerned,

(3) The owner, master or comprador of a ship or the owner or person in charge or command of an aircraft shall, if so required by The Director by notice in writing served personally or sent by post, lodge with the Director within seven days of such requirement being made upon him, a list of the names and addresses of all consignees or persons who have presented documents for counter-signature for packages in- ported by such ship or aircraft on that occasion, whether they are the original consignees or not, showing clearly what packages each person bas received.

(4) For the purpose of paragraph (3) and notwithstanding the no requirement has been made by the Director under that paragraph, the owner, master or comprador of any ship or the owner or person in charge or command of an aircraft shall, before countersigning any

9

bill of lading or other document of title for any article imported on such ship or aircraft and before issuing a delivery order to any person for any such article, ascertain the name and address of the consignee or person who presented the document for counter-signature or to whom the delivery order is to be issued.

(5) Any person who, without reasonable excuse (the burden of proof whereof shall be upon him), lodges a manifest that, in contraven- tion of paragraph (1) does not give all the particulars required by that paragraph in respect of any article specified in the manifest, or without reasonable excuse (the burden of proof whereof shall be upon him), fails, neglects or refuses to comply within the time specified in paragraph (3) with the requirement of the Director made upon him under that paragraph, shall be guilty of an offence and shall be liable on summary conviction to a fine of five thousand dollars.

(6) Any person who, being required to lodge a manifest under paragraph (1), fails or neglects, without reasonable excuse (the burden of proof whereof shall be upon him), to do so within the period specified in paragraph (2), or, where he has such excuse, fails or neglects to lodge soob manifest as soon as is practicable after the cessation of such excuse, shall be guilty of an offence and shall be liable on summary conviction to a fine of one thousand dollars, and, commencing on the day following the date of conviction, to a fine of one hundred dollars in respect of every day during which his failure or neglect to lodge the manifest continues.

11. (1) The manifest of cargo exported in every ship or aircraft Export which leaves the Colony shall be lodged with the Director or such manifests, other officer as he may appoint by the owner, master or comprador of the ship or the owner or person in charge or command of the air- craft, as the case may be, and in respect of each article specified therein shall give the following particulars—

(a) the number, description and gross weight of the package or

packages containing the article:

(b) the distinguishing marks or numbers appearing on cach

package:

(e) a description of the article in cach package:

(d) the name and address of the consignor of each package;

(e) the port or place of destination of each package;

(

the reference number and letters of the bill of lading in respect of the consignment of each package:

(g) the name and address of the person exporting the article:

(4) as regards transhipment cargo, a plain indication of that fact;

and