192408-1932-Supplementary-Bills-read-a-first-time- — Page 8

і

463

(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.

Objects and Reasons.

1. The powers of prohibition and regulation of importa- tion and exportation contained in sections 3 and 4 of the principal Ordinance appear to be limited to the prohibition. and regulation of specific articles.

2. It is considered desirable to increase these powers to the extent indicated in the new section 4A.

3. Although the enforcement of the revenue laws of foreign countries is not generally a matter which concerns the authorities and courts of any place (See 17 Halsbury para. 846) the activities of smugglers frequently result in the imposition of fines on innocent shipowners, the detention of their ships and the interference with discipline among their crews, besides giving any port from which they operate a bad name and causing the imposition of unnecessary restrictions on its legitimate trade.

4. Although the new section covers all unmanifested or unauthorised cargo it is aimed rather more at the "pidgin" cargo carried by members of a crew than at the contents of passengers' luggage which can be examined with ease by the proper authorities. A power to exempt from prohibition cargo carried in passengers' luggage is therefore included among the powers conferred by the section.

May, 1932.

C. G. ALABASTER,

Attorney General.