1975-HKRS28-16-23_Part03 — Page 28

Fieraksta of Inteerthalien add prodaction of

documenu.

Evidence by cercfcale.

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PART V1

MISCELLANBOUS

30. (1) Every person who is concerned (whether as manufacturer or exporter, or in any other capacity) with the manufacture or export of clothing iteras shati-

(a) provide the Director, or an authorized officer, within such time and in such form as the Director or such officer may specify, with such information relating to the manufacture or export of clothing items, or the name and address of the person for or by whom the clothing items are manufactured or exported. as the Director or such officer may require;

(6) on being so required by the Director or such officer produce

or cause to be produced any documents or records in his posses sion relating to the manufacture or export of clothing items for inspection by the Director or such officer and permit the Director or such officer to take copies or make extracts from them or la remove them from his possession for a reasonable period

(2) Subject to subsection (3), no person shall disclose otherwise than to the Director, or to a public officer employed by the Commerce and Industry Departraent in his official capacity, any information provided or obtained under subsection (1) (including information obtained from docu- ments or records) without the consent of the person who provided it or from whom it was obtained.

(3) Subsection (2) does not apply-

(a) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of manufactureres or exporters of clothing items if the gummary is so framed as not to enable particulars relating to the business of any particular manufacturer or exporter to be ascertained from it; or

(b) to any disclosure of information made for the purpose of any legal proceedings brought under this Ordinance, or for the pur. poses of any report of such proceedings.

(4) Any person who, without reasonable excuse, fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1.000,

(5) Any person who intentionally discloses any information jo con travention of subsection (2) shall be guilty of an offence and shall be liable no conviction to a fine of $2,000.

31. A certificate purporting to be signed by the Director or on authorized officer-

(a) that any declaration required to be lodged under section 23 had or has not been lodged or bas or has not been lodged at any date; (b) that any notice required by or under this Ordinance has or has not been given or bas or has not been given at any date; or (c) that any amount of levy or surcharge due under this Ordinance

has not been paid,

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(2) Any document purporting to be a notice or other document giver or issued by the Authority and purporting to be signed by an officer of the Authority authorized under subsection (1) shall be received in evidence and shall until the contrary is proved be deemed to be auch a notice ar other document.

33. (1) Any person who is knowingly concerned in, or in the taking ouences. of steps with a view to, the fraudulent evasion of the payment of a levy, whether due from bim or from any other person, shall be guilty of an offence and shall be liable on conviction to a fine of $10,000 ar 20 timmen the amount of levy that was or was intended to be evaded by his conduct, whichever is the greater.

(2) Any person who-

(a) knowingly lodges, produces, supplies or sends for the purposes of this Ordinance or otherwise makes use for those purposes of any declaration or other document, or reword, which is false in a material particular; or

(6) in providing any information for the purposes of this Ordinance, makes any stalçment which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 or 20 times the amount of any levy that was or was intended to be evaded by his conduct, whichever is the greater.

34. The Director may specify the form of declaration under section Diregor may 23 and any other forms necessary for the purposes of this Ordinance.

35. The Governor in Council may by regulation provide for- (a) records to be kept by manufacturers and exporters of clothing

iters:

(5) information to be supplied by manufacturers and exporters of

clothing items;

{} any matter which is to be or may be prescribed;

(a) generally for the better carrying out of the provisions and pur-

poses of this Ordinance.

pecify CommCUII „

Regulations.

36. The Governor in Council may, by order published in the Amendment of Gazene, amend the Schedule.

(s. 2)

Item No.

SCHEDULE

CLOTHING ITEMS

Item

1

Suits, jackets, uniforms and coals, not knitted or crocheted,

wholly or mainly of cation, men's and boys' wear,

2

Suits, jackets, uniforms and coats, not knitted or crocheted,

wholly or mainly of wool, men's and boys' wear.

3

Autheoileacod

Mod producting

In evidence of

32. (3) Any notice or other document given or issued by the Authority may be signed by an officer of the Authority, authorized by the Authority for the purposes of this subsection,

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shall be sufficient evidence of that faci until the contrary is proved.

Suits, jackets, uniformes and coats, not knitted or crocheted, wholly or mainly of textile materials other than colton, wool and man-made fibres, men's and boys' wear.

Overalls and pinafores, not knitted or crocheted, wholly or

mainly of cotton, men's and boys' wear.

Scbook.