1923_IMPORTATION_AND_EXPORTATION_ORDINANCE__1915 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

IMPORTATION AND EXPORTATION.

No. 32 of 1915.

2401

(i) with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may have been committed, or

(ii) which may be evidence of the commission of any such offence; and

(d) to seize, remove and detain any thing with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may appear to have been committed or which may appear to be or to contain evidence of the commission of any such offence, including all account books and correspondence.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such place;

(b) forcibly enter any such vessel and every part thereof;

(c) remove by force any personal or material obstruction to any arrest, detention, search, seizure, or removal which he is empowered to make;

(d) detain every person found in such place or on board such vessel until such place or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search, seizure, or removal, which is authorised by this Ordinance or by any Order in Council made thereunder.

9. In any proceeding in respect of or involving any matter, civil or criminal, arising under or in connexion with this Ordinance or any Order in Council made thereunder-

(a) If any cargo appears on any import manifest furnished by the owners, charterers, agents or master of any ship at any time before or after the arrival of such ship in the waters of the Colony, it shall be presumed in favour of the Crown against any other party that such cargo was imported into the Colony on board such ship unless such other party shall prove affirmatively that such cargo was not in fact carried into the Colony on board such ship.

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IMPORTATION AND EXPORTATION. No. 32 of 1915. 2401 (i) with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may have been committed, or (ii) which may be evidence of the commission of any such offence; and (d) to seize, remove and detain any thing with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may appear to have been committed or which may appear to be or to contain evidence of the commission of any such offence, including all account books and correspondence. (2) Such public officer may- (a) break open any outer or inner door of or in any such place; (b) forcibly enter any such vessel and every part thereof; (c) remove by force any personal or material obstruction to any arrest, detention, search, seizure, or removal which he is empowered to make; (d) detain every person found in such place or on board such vessel until such place or vessel has been searched. (3) No person shall obstruct any detention, arrest, search, seizure, or removal, which is authorised by this Ordinance or by any Order in Council made thereunder. 9. In any proceeding in respect of or involving any matter, civil or criminal, arising under or in connexion with this Ordinance or any Order in Council made thereunder- (a) If any cargo appears on any import manifest furnished by the owners, charterers, agents or master of any ship at any time before or after the arrival of such ship in the waters of the Colony, it shall be presumed in favour of the Crown against any other party that such cargo was imported into the Colony on board such ship unless such other party shall prove affirmatively that such cargo was not in fact carried into the Colony on board such ship. Page 5 Page 6
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} IMPORTATION AND No. 32 of 1915. 2401 EXPORTATION. (i) with respect to which any offence against the provisions of this Ordinance or of any Order in Council made there- under may have been committed, or (ii) which may be evidence of the commission of any such offence; and (d) to seize, remove and detain any thing with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may appear to have been committed or which may appear to be or to contain evidence of the commission of any such offence, including all account books and correspondence. (2) Such public officer may- (a) break open any outer or inner door of or in any such place; (b) forcibly enter any such vessel and every part thereof; (c) remove by force any personal or material obstruction to any arrest, detention, search, seizure, or removal which he is empowered to make; (d) detain every person found in such place or on board such vessel until such place or vessel has been searched. (3) No person shall obstruct any detention, arrest, search, seizure, or removal, which is authorised by this Ordinance or by any Order in Council made thereunder. 9. In any proceeding in respect of or involving any Evidence. matter, civil or criminal, arising under or in connexion with this Ordinance or any Order in Council made there- under- evidence of (a) If any cargo appears on any import manifest furnished Import mani- by the owners, charterers, agents or master of any ship at fests to be any time before or after the arrival of such ship in the importation. waters of the Colony, it shall be presumed in favour of the Crown against any other party that such cargo was imported into the Colony on board such ship unless such other party shall prove affirmatively that such cargo was not in fact carried into the Colony on board such ship. Page 5Page 6
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IMPORTATION AND

No. 32 of 1915.

2401

EXPORTATION.

(i) with respect to which any offence against the provisions of this Ordinance or of any Order in Council made there- under may have been committed, or

(ii) which may be evidence of the commission of any such offence; and

(d) to seize, remove and detain any thing with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may appear to have been committed or which may appear to be or to contain evidence of the commission of any such offence, including all account books and correspondence.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such place;

(b) forcibly enter any such vessel and every part thereof;

(c) remove by force any personal or material obstruction to any arrest, detention, search, seizure, or removal which he is empowered to make;

(d) detain every person found in such place or on board such vessel until such place or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search, seizure, or removal, which is authorised by this Ordinance or by any Order in Council made thereunder.

9. In any proceeding in respect of or involving any Evidence. matter, civil or criminal, arising under or in connexion with this Ordinance or any Order in Council made there- under-

evidence of

(a) If any cargo appears on any import manifest furnished Import mani- by the owners, charterers, agents or master of any ship at fests to be any time before or after the arrival of such ship in the importation. waters of the Colony, it shall be presumed in favour of the Crown against any other party that such cargo was imported into the Colony on board such ship unless such other party shall prove affirmatively that such cargo was not in fact carried into the Colony on board such ship.

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