13
The argument advanced by the petitioners at paragraph 9(a) (i.e. that the petitioners were not aware of the legal requirements of a manifest) has been rejected by the Director of Trade Industry and Customs on the grounds that ignorance of the law is not a legitimate defence.
14
The closely related arguments at paragraph 9(b) and paragraph 9(e) (i.e. that the petitioners had no intention to deceive the revenue or defraud the Hong Kong Government) have been rejected by the Director of Trade Industry and Customs on the grounds that the manner in which the articles had been concealed speaks for itself. As regard the petitioners' argument that they had no intention to defraud the Chinese Govern- ment, while it is not appropriate for the Hong Kong Government to determine the validity of this claim, the Chinese Government has repeatedly expressed its concern over smuggling, and to concede this point and return the goods to the petitioners could be highly irritating to the Chinese Government. The fact remains that the petitioners violated Hong Kong law and must therefore be punished according to Hong Kong law.
15
The circumstances set out at paragraph 9(c) above (i.e. that forfeiture of the articles on top of imprisonment represents an additional penalty out of proportion to the technical nature of the office) should not be taken seriously. The present case, involving the smuggling of goods worth almost $1.6 million, is serious and forfeiture serves not only as a proper punishment but, more important, as a deterrent to would be offenders. If the penalties for such offences failed to deter those engaged in smuggling in China, this could become an irritant in our relations with the Chinese Government.
Recommendation
16
Under section 30(3) of the Import and Export Ordinance, the Governor in Council may order the return of the goods or reject the petition. It is recommended that the petition be rejected.
Advice Sought
17
Members will be asked to advise whether the claim should be granted or rejected under section 30(3) of the Import and Export Ordinance.
(The Commissioner of Customs and Control, Mr D.A. JORDAN and the Deputy Secretary for Economic Services Mr K.Y. YEUNG will attend before the Council for the discussion of this item).
13 May 1982
(ECON 1/5361/82 (TC 29/82))
G.S. 166
COUNCIL CHAMBER
CONFIDENTIAL
機密
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