1970-HKRS28-8-37_Part04 — Page 47

Onus of proof

in court

proceeding.

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(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

at any time before or after the departure from Hong Kong of the vessel, aircraft or vehicle, has been exported, or is intended to be exported, in or on such vessel, aircraft or vehicle.

(3) Any copy of an import manifest or an export manifest produced to the Director, an authorized officer or a member of the Preventive Service under any provision of this Ordinance shall be admissible as evidence of the contents of the import manifest or export manifest of which it is a copy in any proceedings under this Ordinance; and the cargo referred to in the copy of such manifest shall be presumed until the contrary is proved, to have been imported or exported as the case may be in or on the vessel, aircraft or vehicle to which the copy of the manifest relates.

(4) Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Preventive Service under any provision of this Ordinance shall be admissible as evidence of the contents of the licence or other document of which it is a copy in any proceedings under this Ordinance before a court or magistrate.

34. (1) In any proceedings under this Ordinance the onus of proving—

(a) the place

() from which an article has been imported; or (ii) to which an article is intended to be exported; or (b) that an article-

(i) has been imported in accordance with the terms of a licence:

(ii) is intended to be exported in accordance with the terms of a licence;

(iii) has been imported for the sole purpose of export- ing the article;

(iv) has been lawfully placed in or on any vessel, air- craft or vehicle for the purpose of exporting the article;

(v) has been lawfully removed from any vessel, air- craft or vehicle in or on which it was imported:

(vi) has been lawfully delivered to or placed in any premises or place after it has been imported; or

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(vi) has been recorded in the manifest of the vessel, aircraft or vehicle in or on which it has been imported or is intended to be exported.

shall lie upon the defendant in any such criminal proceedings and the claimant in any forfeiture proceedings.

(2) For the purposes of this section, the provisions of Part ILA of the Evidence Ordinance (which relates to the admissibility of hearsay evidence in civil proceedings) shall apply as if proceedings under this Ordinance were civil proceedings.

35. (1) The provisions of this Ordinance shall apply to any article contained in a postal packet.

(2) Notwithstanding the provisions of subsection (1), a postal packet contained in a sealed mail bag shall, if the mail bag is listed in the manifest of the vessel, aircraft or vehicle in or on which it is imported or exported, not be construed as cargo for the purposes of this Ordinance.

(3) Any authorized officer or any member of the Preventive Service may, in the presence of and under the directions of an officer of the Post Office, open and examine any postal packet held in the custody of the Post Office.

(4) For the purposes of this section, the terms "mail bag", "Post Office". "officer of the Post Office" and "postal packet" shall have the meanings assigned to such terms, respectively, under section 2 of the Post Office Ordinance.

36. (1) Any person who, in respect of—

(a) an application for the issue of a licence;

(b) an application for registration under this Ordinance; or (c) any declaration, document or article required to be lodged with the Director, an authorized officer or member of the Preventive Service pursuant to the pro- visions of this Ordinance,

makes any statement or furnishes any information orally or in writing which is false or misleading in a material particular or omits any material particular shall be guilty of an offence and shall be liable on conviction to a ling of fifty thousand dollars and to imprisonment for one year, unless he satisfies the court or magistrate that he did not know and had no reason to believe the statement or information to be false or misleading or the omission to be material.

(2) Any person who, without the authority of the Director, alters a licence shall be guilty of an offence and shall be liable

(Cap. 8.)

Application of Ordinance to postal packets.

(CAS. 98)

Offences in respect of

licences.