653401-1891-Regulations-Merchandize-Marks-Ordinance — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.

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And also that the Regulations may provide for the informant reimbursing the Superintendent expenses and damages incurred in respect of any detention made on such information and of any proceedings consequent on such detention.

Now, therefore, the Governor in Council under and by virtue of the hereinbefore recited power in that behalf doth hereby make and require to be complied with the following Regulations, viz. :—

1. Whenever the Superintendent shall have reasonable cause for believing or shall be informed by any private person as hereinafter mentioned that goods prohibited to be imported as hereinbefore recited, having applied to them forged trade marks, false trade descriptions or marks, names, or descrip- tions otherwise illegal, are in or upon any ship, junk or boat of any description in the waters of the Colony for the purpose of being landed or transhipped in the Colony or are in or upon any wharf godown or premises in the Colony, it shall be lawful for the Superintendent or any officer deputed by him to enter such ship junk boat, wharf godown or premises and seize and detain any such suspected goods and then and there or at such other time as may be convenient to inspect and examine the same and for that purpose to order them to be removed to or detained in such place as he may determine : Provided always that if any private person with a view to the detention of any such goods shall give information to the Superintendent, he shall in such information comply with the following conditions, viz.

(i.) He must give to the Superintendent, notice in writing of expected importation, stating,-

The number of packages expected, as far as he is able to state the same.

The description of the goods by marks or other particulars sufficient for their

identification.

The name or other sufficient indication of the importing ship.

The manner in which the goods infringe the Ordinance.

The expected day of the arrival of the ship.

(ii) He must deposit with the Superintendent a sum sufficient, in the opinion of that officer, to cover any additional expense which may be incurred in the examination required by reason of his notice and may be required to find security, pursuant to the notice in that behalf in the Schedule hereto.

2. If, upon the arrival and examination of the goods, the Superintendent is satisfied that there is no ground for their detention, the Superintendent shall cause them to be released and redelivered. If he is not so satisfied, he may decide to permanently detain the goods, and in the case of detention upon information from a private person, he may require security from the informant, if he has not already given such security, for reimbursing the Superintendent all expenses and damages incurred in respect of the detention made on his information and of any proceedings consequent thereon.

3. The security hereby required shall be an immediate ad valorem deposit of ten per cent. on the value of the goods, as fixed by the Superintendent from the quantities or value shown by the entry; and, also, subsequently a bond to be completed within four days in double the value of the goods, with two approved sureties. The ad valorem deposit shall be returned upon completion of the bond, and shall not be required if, as an alternative where time permits, the informant prefers to give a like bond before examination, upon estimated value of the goods declared to by him under statutory declaration. If the security is not duly given as above required, the goods shall not be detained.

4. The "Notice" and "Bond" required as above shall be in the forms, contained in the Schedule to these Regulations, or in such other forms as the Governor in Council may from time to time order and direct.

say:

5. The security taken under these Regulations shall be given up at the times following, that is to

Where given before examination, and if no detention follows, forthwith.

Where given on or after detention :--

If the forfeiture is completed, either by lapse of time or ultimate condemnation by

a Court of Justice, then on such completion of forfeiture.

If the forfeiture is not completed, then

If the goods are released by the Superintendent, and no action or suit has been commenced against him, in respect of the detention, then at the expiration of three months from the time of detention.

If within such period as aforesaid any such action or suit as aforesaid has been commenced, then upon the ultimate conclusion of such action or suit, and the fulfilment of the purpose for which the security was given.

6. These Regulations apply to transhipment and transit goods as well as to goods landed to be warehoused, or for home consumption.

7. These Regulations shall come into force on the 1st day of August, 1891.