TNAG-1214-FCO40-1517-Smuggling-between-Hong-Kong-and-China-1982 — Page 9

12.

requirements imposed by the said Ordinance and avoided the

commission of the offence with which they have been convicted.

There is no law prohibiting the importation into

Hong Kong of silver discs and cons which are not even commo-

dities on which a heavy duty is levied. Your Petitioners did

not import into Hong Kong the said silver discs and coins

without a cargo manifest therefore with the intention of

deceiving the revenue or evasion of payment of duties.

13.

Had Your Petitioners been aware of the requirements,

they would have been made such declaration as regarding the

import of the said cargoes to the Department of Trade, Customs

and Excise. Ad Valorem duty assessed of the quantity of the

cargoes that Your Petitioners had in possession would be

minimal compared with the actual value of the goods.

14.

For the offences committed by Your Petitioners,

all except three received proper punishment provided by law.

Your Petitioners submit that such sentences imposed on them

are more than adequate punishment for them. The forfeiture

of the said cargoes would add a further punishment on them

which would be out of proportions to the technical nature

of the offences having regard to the circumstances in which

they were committed by Your Petitioners.

15.

Your Petitioners further humbly submit that the

importation of the said cargoes into Hong Kong in their quartity would have no adverse effect whatsoever on the economy of Hong

Kong, a risk which the anti-smuggling laws are designed to

prevent, having regard to their quantity as compared to the

amount of gold and silver trading transacted into Hong Kong

every day.

16.

There is an accute shortage of supply of consumer

goods in the commune from where Your Petitioners came. Your

Petitioners imported the silver coins and discs into Hong Kong

with the sole purpose of selling them and use the proceeds to