CO537-6036 — Page 53

(1)

COPY

RESTRICTED

Enclosure to S.0.(1) Hong Kong's letter No. 504A/1588

dated 7th June, 1950.

This law is compiled on the basis of relative provisions of the Provisional mure for the Collection of Import and Export Duty for the South China Region.

Searching by Customs Preventive Officers should be carried out in the presence `rson having connection with the place where it is to be done, and it should be carried out in conjunction with Government office concerned, if at which it is to také place.

(3) Preventive Officers are allowed, if necessary, to search any person under suspicion, but it should be done in the presence of a third person. Searching of female should be carried out by female officer,

(4)

If deemed necessary by the Customs, the person(s) under suspicion or any othe; person(s) who is(are) stated by him them) to be connected with the case may be questioned.

(5) Preventive officers in the performance of their duty are required to proțiuce authorisation documents. Assistance from police or military personnels may de secured, if required.

(6) Preventive Officers upon discovery of smuggled goods are required to have th taken into custody and to prepare a certificate to t'e effect, with the following particulars, to be handed to the holder of goods:

Specification and quantity of goods seized. Time and place of seizure.

Name and address of holder of goods.

For the sake of convenience, Preventive Officers are allowed to have such goods handed over to the local authorities for their custody. The Customs, prior to arriving at a decision of the case, may have the goods sold by auction and take proceeds into custody, if such goods are considered likely to be spoiled.

The

(7) Holders of goods seized under this law are allowed to furnish appropriate guarantee and apply for the lifting of the seizure or release of the goods. Customs will then decide upon the acceptance or refusal of such application according to the case.

(8) Preventive Officers after carrying out searchings or seizures are required to render a statement of the proceedings which is to be given to the witness or the person concerned for their perusal, with signature or chop to be affixed. case no signature or chop is given, the reason should be stated thereon.

(9) with the exception of where this Custom House is located and other places at which Sub Custom Stations have been set up, all other ports under the jurisdiction of this Customs are closed to shipping. Ship of international trade will be confiscated with the Master liable to be fined JMP 3,000,000/18,000,000 for entering any port not open for such trade, unless compelled by calamities or irresistible forces and the reason for doing so is reported to the local authorities.

(10) Ship navigating within 12 miles of the China coast will be fired at with the Master liable to be fined a sum not exceeding JMP 18,000,000 if she does not heave to upon being ordered by Customs Preventive launch firing blank shots as signals. If the case is considered serious, the ship is also liaole to be confiscated.

(11) Ship navigating within 12 miles of the China Coast, or having escaped beyond such limit being pursued, will be fined a sum not exceeding JMP 18,000,000 for destroying or throwing overboard goods or documents concerning such goods in an attempt to avoid seizure. If the case is considered serious, the ship is liable to be confiscated.

RESTRIC