41379-1915-Ordinances-passed-and-assented-to--Companies-No-31-of-1915 — Page 12

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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 17,

1915.

Certificates

of British customs or consular officers to be prima facie evidence.

Power of the

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 of not, unless such other party shall prove affir- matively 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. (c.) Any certificate produced from official enstody and purporting to be signed by any British customs or consular officer shall be primâ facie evidence of the truth of the matters stated therein.

10. It shall be lawful for the Governor-in-Counci lin his Governor-in- absolute discretion to relax in any way, either generally or Council to

in particular cases, any of the provisions of this Ordinance relax provi-

or of any Order-in-Council made thereunder, to make such sions.

relaxation defeasible upon the happening of any event whatsoever, and to withdraw any relaxation so grauted.

Offences.

Penalties.

Saving of Ordinances Nos. 1 of 1862, 10 of 1914, 3 of 1915, 8 of

1915, and

9 of 1915.

Saving of other

powers.

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 commit any offence against this Ordinance or against any Order-in-Council made thereunder shall be guilty of a misdemeanour and shall be liable upon conviction either summarily or ou indictment to imprisonment for any term not exceeding one year and to a fine not exceeding five thousand dollars.

(2.) It shall be lawful for a magistrate to order to be forfeited to the Crown any article with respect to which any offence against this Ordinance or against any Order- in-Council made thereunder has been committed whether 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 :

Pro- vided 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.

13. Nothing in this Ordinance shall affect the operation of any of the following Ordinances or of any Ordinance amending or substituted for any of the said Ordinances :- (a.) The Military Stores (Exportation) Ordinance,

1862;

(b.) The Military Stores (Exportation) Amend-

ment Ordinance, 1914;

(c) The Military Stores (Exportation) Ordinance,

1915;

(d.) The Certificates of Origin Ordinance, 1915 ; (e.) The Declarations of Ultimate Destination Or-

dinance, 1915.

14. The powers conferred by this Ordinance shall be deemed to be in addition to and not in derogation of any other powers of His Majesty or of the Governor-in-Conucil or of the Governor or of any public officer.

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Passed the Legislative Council of Hongkong, this 16th day of December, 1915.

A. G. M. FLETCHER, Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of December, 1915.

CLAUD SEVERN,

Colonial Secretary.

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