1970-HKRS28-8-37_Part04 — Page 38

Alteration of vessel, aircraft or vehicle for the purpose of smuggling.

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(6) calling upon the owner of the prohibited article to submit to the Director a claim in respect of it within thirty days; and

(c) stating his intention to apply to a magistrate at the expiration of thirty days from the date of the notice for an order that the prohibited article be forfeited to the Crown.

(4) When a claim to ownership of a prohibited article is sub- mitted to the Director pursuant to a notice given under subsection (3), the claimant shall produce to the Director or an authorized officer such evidence as to his ownership as may be required by the Director or authorized officer.

(5) Without prejudice to any provision of this Ordinance relating to the seizure of any article which is liable to forfeiture, the Director or an authorized officer may, if he is satisfied of the validity of a claim made under subsection (4), authorize in writing the claimant to remove the prohibited article from the place in which it was stored, subject to the prior payment by the claimant of all storage and other charges which have accrued in respect of the storage of the article in the specified place.

(6) A magistrate shall, if satisfied that the provisions of this section have been complied with and that no claim to owner- ship has been established, on the application of the Director or an authorized officer, order that a prohibited article be forfeited to the Crown.

PART IV.

UNMANIFESTED CARGO AND SMUGGLING.

14. (1) Any person who alters the fittings, fabric or struc- Lure of any vessel, aircraft or vehicle for the purpose of smuggling any article into or out of Hong Kong shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars and to imprisonment for six months.

(2) If

(a) the Director, any authorized officer or any member of the Preventive Service reasonably suspects that any vessel, aircraft or vehicle has been used or is intended to be used for the purpose of smuggling: and

(b) the vessel, aircraft or vehicle is found in Hong Kong

to have-

(any false bulkhead, bow, side or bottom;

(ii) any secret or disguised place adapted for the purpose of concealing any article; or

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(ii) any hole, pipe or other device adapted for the purpose of smuggling.

the fittings, fabric or structure of the vessel, aircraft or vehicle shall be presumed until the contrary is proved to have been altered for the purpose of smuggling an article into or out of Hong Kong.

15. (1) The master or agent of a vessel, the commander of an aircraft and the person in charge of a vehicle shall, on entering or leaving Hong Kong-

(a) furnish any member of the Preventive Service of or above the rank of Revenue Sub-Inspector full particulars of the cargo being imported or exported in or on the vessel, aircraft or vehicle if he is requested to do so by any such member of the Preventive Service; and

(b) allow any member of the Preventive Service to board the vessel, aircraft or vehicle, inspect the cargo and search the vessel for contraband.

(2) Any person who contravenes paragraph (a) or (b) of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars and to imprison- ment for one month.

16. (1) No person shall place any cargo in or on any vessel or aircraft without the consent of the owner of the vessel or aircraft.

(2) No person shall place any cargo in or on any vehicle which may leave Hong Kong without the consent of the owner of the vehicle.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars and to imprisonment for six months.

17. Any cargo which is imported or exported shall either- (a) be recorded in a manifest, which shall contain such particulars of the consignment of the cargo as may be prescribed by the Director of Commerce and Industry for the purposes of this Ordinance by notice published in the Gazette; or

(b) be recorded in a document which complies with such requirements in respect of the cargo as may be prescribed by the Director of Commerce and Industry for the purposes of this Ordinance by notice published in the Gazette.

Duty to provide particulars of all cargo.

Prohibition against unauthorized placing of Cargo on vessels, etc.

All cargo to be recorded in manifests.