1964_DUTIABLE_COMMODITIES_ORDINANCE — Page 19

18

CAP. 109]

Dutiable Commodities

[1989 Ed.

(b) the goods are-

(i) in a general bonded or a licensed warehouse; or

(ii) in a place licensed for the manufacture of such goods; or (iii) on railway premises and under the control of the railway authorities, if the nature of the goods has been disclosed to those authorities; or

(iv) in a ship, vehicle, train or aircraft, if the goods were imported, or are to be exported, in that ship, vehicle, train or aircraft and are duly entered in the manifest; or (Amended 66 of 1986 s. 13)

(v) in a place approved by the Commissioner under section 28A. (Added 66 of 1986 s. 13)

(7) No person, not being authorized so to do by permit or otherwise in accordance with the provisions of this Ordinance, shall remove, deliver or send out any dutiable goods from his stock, custody or possession; nor shall any person take, receive or have in his stock, custody or possession any dutiable goods removed or delivered thereto in contravention of this subsection. (Amended 3 of 1970 s. 36) [cf. 1832 c. 16 s. 10 U.K.]

(8) No person shall, on his own account or on behalf of another, sell, offer for sale or buy any dutiable goods which are in Hong Kong, unless the goods are

(a) in a general bonded or licensed warehouse; or

(b) in the place where they were manufactured; or

(c) in the ship, vehicle, train or aircraft in which they were imported;

or

(d) on the railway premises.

(9) The onus of proving that dutiable goods are in course of direct removal from any place, ship, vehicle, train or aircraft to any other place, ship, vehicle, train or aircraft shall be upon the accused.

(10) It shall be no defence to any charge under this section that the possession or control of the accused was a joint possession or control. (Added 66 of 1986 s. 13)

18. (Repealed 29 of 1989 s. 3)

19. Goods embarked for export not to be relanded

(1) If any goods to which this Ordinance applies are placed on board any ship, vehicle, train or aircraft for exportation or as stores and, except with the express permission of the Commissioner in writing, are not duly exported or are unshipped or removed or relanded in any part of Hong Kong, the master of the ship, the person in charge of the vehicle, train or aircraft and any person by whom or by whose orders or means the goods are so unshipped, removed or relanded, shall be guilty of an offence, and the ship, if less than 250 tons gross

1

1