1970-HKRS28-8-37_Part04 — Page 39

Offence of importing or exporting unmanifested cargo.

Written list showing ports of call to be furnished to the Director.

General powerS

of members of

Preventive Service, etc.

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18. (1) Any person who-

(a) imports any unmanifested cargo; or

(b) exports any unmanifested cargo.

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) It shall be a defence to a charge under this section against the owner of a vessel, aircraft or vehicle, if the owner proves that he did not know and could not with reasonable diligence have known that the cargo was unmanifested.

19. (1) The owner of any vessel shall, if required to do so by the Director, an authorized officer or a member of the Preven- tive Service, furnish forthwith to the Director or to the authorized officer or member of the Preventive Service, a written list showing. so far as the owner is aware, every port or place at which the vessel has called during the period of three months immediately preceding the date of its arrival in Hong Kong.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of two hundred dollars.

PART V.

POWERS OF InvestigatION.

20. (1) Without prejudice to the powers conferred by section 21, any member of the Preventive Service and any authorized officer may, for the purposes of this Ordinance-

(a) enter at any reasonable time and search any premises (other than domestic premises) or place registered under this Ordinance and occupied by a person who has been registered under this Ordinance or a person who is the holder of a licence;

(b) stop. board and search any vessel, aircraft or vehicle; (c) require any licence or any document-

ᎠᎱ

(1) which relates to the origin or nature of any article:

(ii) which he suspects to be relevant to an offence under this Ordinance,

to be produced to hipp:

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(d) examine and take copies of any licence or any document

referred to in paragraph (c):

(e) take, without payment but subject to the issue of an official receipt for it, such sample of any article in respect of which any licence may be issued under this Ordinance as may be required by the Director for the purpose of examination and investigation;

() examine any article if he considers it necessary to do so to ascertain whether or not the provisions of this Ordinance are being, or have been, complied with by any person in respect of that article: or

(g) stop and search any person entering or leaving Hong

Kong:

Provided that no person shall be searched except by

a person of the same sex or be searched in a public place if he objects to being so searched.

(2) Aay member of the Preventive Service and any authorized officer may require-

(a) any person to whom a licence has been issued:

(b) any person who has been registered under this Ordin-

ance; and

(c) any servant, employee or agent of any person referred to

in paragraph (a) or (b),

to furnish such information or take such action as may be necessary to enable the member of the Preventive Service or the authorized officer to exercise the powers conferred on him under this Ordinance.

(3) When a sample of any article has been taken by a member of the Preventive Service or an authorized officer pursuant to paragraph (e) of subsection (1) the Director may, after examina- tion and investigation of it, direct that the sample be returned to the owner thereof or disposed of in such manner as the Director thinks fit.

21. (1) Subject to section 22, any member of the Preventive Service and any authorized officer may, if he reasonably suspects that there is, in or on any premises or place, vessel, aircraft or vebicle, any article in respect of which an offence has been com- mitted under this Ordinance or which is, or contains, evidence of the commission of such offence-

(a) enter and search any such premises or place;

(b) stop, board, remove, detain and search any vessel,

aircraft or vehicle.

Special powers of members of the Preventive Service, etc.