10
Export mani- fests to be evidence of
No. 32 of 1915.
IMPORTATION AND
EXPORTATION.
(b) If any cargo appears on any export manifest, furnished by the owners, charterers, agents or master of any ship exportation. before or after the time of sailing of such ship, it shall be presumed in favour of the Crown against any other party that such cargo was exported or was intended to be exported from the Colony on board such ship, according as such ship shall have actually left the waters of the Colony or not, unless such other party shall prove affirmatively that the said cargo was not exported or was not intended to be exported from the Colony on board such ship, as the case may be.
Certificates of British
customs or consular
officers to be prima facie evidence.
Power of the
L'ouncil to relax provi- sions.
(c) Any certificate produced from official custody and purporting to be signed by any British customs or consular officer shall be prima facie evidence of the truth of the matters stated therein.
10. It shall be lawful for the Governor in Council in his Governor in absolute discretion to relax in any way, either generally or in particular cases, any of the provisions of this Ordinance or of any Order in Council made thereunder, to make such relaxation defeasible upon the happening of any event whatsoever, and to withdraw any relaxation so granted.
Offences.
Penaltics.
E
11. Every person who contravenes any of the provisions of this Ordinance or of any Order in Council made there- under, or who fails to observe any condition or restriction prescribed or to discharge any obligation imposed by or under this Ordinance or by or under any Order in Council made thereunder, shall be deemed to commit an offence against this Ordinance.
12. (1) Every person who commits or attempts to com- mit any offence against this Ordinance or against any Order in Council made thereunder shall be guilty of a misdemeanor and shall be liable upon convicton either summarily or on indictment to imprisonment for any term not exceeding one year and to a fine not exceeding ten thousand dollars.
(2) It shall be lawful for a magistrate to order to be forfeited to the Crown any article in respect of which any offence against this Ordinance or against any Order in Council made thereunder has been committed whether
*As amended by No. 30 of 1917.
IMPORTATION AND EXPORTATION.
No. 32 of 1915.
7
any person shall have been convicted of such offence or not, and upon the making of any such order of forfeiture the said article shall be deemed to be the property of the Crown free from all rights of any person: Provided that it shall be lawful for the Governor in Council in his absolute discretion to entertain and give effect to any moral claim to or in respect of the said article.
Ordinance
13. Nothing in this Ordinance shall affect the operation Saving of of the Military Stores (Exportation) Ordinance, 1862, or of No of 1862. any Ordinance amending or substituted for the said Ordi-
nance.
*
14. The powers conferred by this Ordinance shall be Saying of deemed to be in addition to and not in derogation of any other
other
powers of His Majesty or of the Governor in Council or of the Governor or of any public officer.
powers,
Price 25 cents (Hongkong Currency). To be purchased from Messrs. NORONHA & Co., Government Printers, Hongkong, and from the Crown Agents for the Colonies, 4 Millbank, London, 8. W. 1.
1/
Page
Page
L.S.
HONG KONG.
No. 14 OF 1932.
I assent.
W. T. SOUTHorn,
Officer Administering the Government.
27th May, 1932.
An Ordinance to amend the Importation and Exportation
Ordinance, 1915.
[27th May, 1932.]
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Importation and Short title. Exportation Amendment Ordinance, 1932.
section
2. The Importation and Exportation Ordinance, 1915 is New amended by the addition of the following section after section 44 to 4 thereof:
Ordinance No. 32 of 1915.
4A. (1) It shall be lawful for the Governor in Council Powers of to exercise all or any of the following powers :-
the Governor in Council with regard
(a) to prohibit the importation of unmanifested cargo, to un- either generally or from any particular country or place;
(b) to prohibit the exportation of unmanifested cargo, either generally or to any particular country or place;
(c) to prohibit the placing on board any ship in the Colony of any cargo without the consent of the owners, charterers, agents or master thereof;
(d) absolutely or conditionally to exempt from any such prohibition cargo carried in passengers' luggage or any other class of cargo whatsoever; and
(e) to prescribe any other restriction or condition whatsoever on the importation or exportation of unmanifested cargo or on cargo placed on board any ship.
(2) In this section "unmanifested cargo" means cargo not entered on the ship's manifest.
Passed the Legislative Council of Hong Kong, this 26th day of May, 1932.
manifested or unauthorised cargo.
R. A. C. NORTH, Deputy Clerk of Councils.
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