1964_DUTIABLE_COMMODITIES_ORDINANCE — Page 22

1989 Ed.]

Dutiable Commodities

[CAP. 109

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Provided that-

(a) goods put on board any ship, vehicle or aircraft or on the railway premises under permit shall not be relanded or removed therefrom except under permit; and

(b) this subsection shall not apply to duty-paid goods after their first removal within Hong Kong from the ship, vehicle or aircraft on which they were imported or from the railway premises.

(2) Where an offence of removing, discharging or delivering any goods from any ship, vehicle or aircraft contrary to subsection (1) is proved to have been committed, every person being an owner, charterer, agent, master or other person in charge or comprador of the ship, vehicle or aircraft shall be deemed guilty of that offence unless he proves that the goods were removed or discharged without his knowledge and that he had exercised due diligence to prevent such removal or discharge. (Amended 3 of 1970 s. 15)

(3) Goods thrown overboard from any ship, vehicle or aircraft shall be deemed to have been unlawfully removed therefrom in contravention of this section. [cf. 1876 c. 36 s. 179 U.K.]

24. Ships' or aircraft stores, etc.

(1) Goods to which this Ordinance applies and which are imported as transit cargo or which are to be used as ships' or aircraft stores shall, while the ship or aircraft is in Hong Kong, be kept in the prescribed manner or, in the absence of such provision, in a secure place under the custody and control of the master or person in charge of the ship or aircraft. Goods so imported shall not be landed in Hong Kong unless the landing of such goods is specially authorized by the Commissioner in writing. (Amended 40 of 1974 s. 5)

(2) The issue of permits to export any dutiable commodities as ships' or aircraft stores shall be at the absolute discretion of the Commissioner or any person authorized by him.

(3) The master shall use only such quantity of dutiable commodities as ships' stores as the Commissioner or any person authorized by him shall in his discretion provide.

25. Inspection, etc. of goods

(Amended L.N. 294 of 1982)

(1) The Commissioner or any member of the Customs and Excise Service or other person authorized by him in writing either generally or in any particular instance may at all times inspect any goods to which this Ordinance applies and place locks, marks or seals on any container or place in which they may be. (Amended L.N. 294 of 1982)

(2) Where in pursuance of any powers conferred by this section the Commissioner, any member of the Customs and Excise Service or an authorized person ...