1964_IMPORT_AND_EXPORT_ORDINANCE_ORDINANCE — Page 29

HK Historical Laws 香港歷史法例 All AI Reviewed
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28

CAP. 60]

Import and Export

[1986 Ed.

Evidentiary provisions.

Onus of proof in court proceedings.

PART VIII

MISCELLANEOUS

33. (1) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an import manifest furnished by-

(a) the master of a vessel;

(b) the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

has been imported in or on such vessel, aircraft or vehicle.

(2) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an export manifest furnished by-

(a) the master of a vessel;

(b) the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

at any time before or after the departure from Hong Kong of the vessel, aircraft or vehicle, has been exported, or is intended to be exported, in or on such vessel, aircraft or vehicle.

(3) Any copy of an import manifest or an export manifest produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the import manifest or export manifest of which it is a copy in any proceedings under this Ordinance; and the cargo referred to in the copy of such manifest shall be presumed until the contrary is proved, to have been imported or exported as the case may be in or on the vessel, aircraft or vehicle to which the copy of the manifest relates.

(4) Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the licence or other document of which it is a copy in any proceedings under this Ordinance before a court or magistrate.

34. (1) In any proceedings under this Ordinance the onus of proving-

(a) the place-

(i) from which an article has been imported; or

(ii) to which an article is intended to be exported; or

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28 CAP. 60] Import and Export [1986 Ed. Evidentiary provisions. Onus of proof in court proceedings. PART VIII MISCELLANEOUS 33. (1) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an import manifest furnished by- (a) the master of a vessel; (b) the commander of an aircraft; (c) the person in charge of a vehicle; or (d) the owner of such vessel, aircraft or vehicle, has been imported in or on such vessel, aircraft or vehicle. (2) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an export manifest furnished by- (a) the master of a vessel; (b) the commander of an aircraft; (c) the person in charge of a vehicle; or (d) the owner of such vessel, aircraft or vehicle, at any time before or after the departure from Hong Kong of the vessel, aircraft or vehicle, has been exported, or is intended to be exported, in or on such vessel, aircraft or vehicle. (3) Any copy of an import manifest or an export manifest produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the import manifest or export manifest of which it is a copy in any proceedings under this Ordinance; and the cargo referred to in the copy of such manifest shall be presumed until the contrary is proved, to have been imported or exported as the case may be in or on the vessel, aircraft or vehicle to which the copy of the manifest relates. (4) Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the licence or other document of which it is a copy in any proceedings under this Ordinance before a court or magistrate. 34. (1) In any proceedings under this Ordinance the onus of proving- (a) the place- (i) from which an article has been imported; or (ii) to which an article is intended to be exported; or
Baseline (Original)
28 CAP. 60] Import and Export [1986 Ed. Evidentiary provisions. Onus of proof in court proceedings. PART VIII MISCELLANEOUS 33. (1) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an import manifest furnished by- (a) the master of a vessel; (b) the commander of an aircraft; (c) the person in charge of a vehicle; or (d) the owner of such vessel, aircraft or vehicle, has been imported in or on such vessel, aircraft or vehicle. (2) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an export manifest furnished by- (a) the master of a vessel; (b) the commander of an aircraft; (c) the person in charge of a vehicle; or (d) the owner of such vessel, aircraft or vehicle, at any time before or after the departure from Hong Kong of the vessel, aircraft or vehicle, has been exported, or is intended to be exported, in or on such vessel, aircraft or vehicle. (3) Any copy of an import manifest or an export manifest produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the import manifest or export manifest of which it is a copy in any proceedings under this Ordinance; and the cargo referred to in the copy of such manifest shall be presumed until the contrary is proved, to have been imported or exported as the case may be in or on the vessel, aircraft or vehicle to which the copy of the manifest relates. (4) Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the licence or other document of which it is a copy in any proceedings under this Ordinance before a court or magistrate. 34. (1) In any proceedings under this Ordinance the onus of proving- (a) the place- (i) from which an article has been imported; or (ii) to which an article is intended to be exported; or
2026-05-04 20:23:16 · Baseline
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28

CAP. 60]

Import and Export

[1986 Ed.

Evidentiary provisions.

Onus of proof in court proceedings.

PART VIII

MISCELLANEOUS

33. (1) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an import manifest furnished by-

(a) the master of a vessel;

(b) the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

has been imported in or on such vessel, aircraft or vehicle.

(2) In any proceedings under this Ordinance it shall, unless the contrary is proved, be presumed that any cargo recorded in an export manifest furnished by-

(a) the master of a vessel;

(b) the commander of an aircraft;

(c) the person in charge of a vehicle; or

(d) the owner of such vessel, aircraft or vehicle,

at any time before or after the departure from Hong Kong of the vessel, aircraft or vehicle, has been exported, or is intended to be exported, in or on such vessel, aircraft or vehicle.

(3) Any copy of an import manifest or an export manifest produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the import manifest or export manifest of which it is a copy in any proceedings under this Ordinance; and the cargo referred to in the copy of such manifest shall be presumed until the contrary is proved, to have been imported or exported as the case may be in or on the vessel, aircraft or vehicle to which the copy of the manifest relates.

(4) Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the licence or other document of which it is a copy in any proceedings under this Ordinance before a court or magistrate.

34. (1) In any proceedings under this Ordinance the onus of proving-

(a) the place-

(i) from which an article has been imported; or

(ii) to which an article is intended to be exported; or

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