1964_IMPORT_AND_EXPORT_ORDINANCE_ORDINANCE — Page 30

1986 Ed.]

Import and Export

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(b) that an article-

(i) has been imported in accordance with the terms of a licence;

(ii) is intended to be exported in accordance with the terms of a licence;

(iii) has been imported for the sole purpose of export- ing the article;

(iv) has been lawfully placed in or on any vessel, aircraft or vehicle for the purpose of exporting the article; (v) has been lawfully removed from any vessel, aircraft or vehicle in or on which it was imported;

(vi) has been lawfully delivered to or placed in any premises or place after it has been imported; or

(vii) has been recorded in the manifest of the vessel, aircraft or vehicle in or on which it has been imported or is intended to be exported,

shall lie upon the defendant in any such criminal proceedings and the claimant in any forfeiture proceedings.

(2) For the purposes of this section, the provisions of Part IV of the Evidence Ordinance (which relates to the admissibility of hearsay evidence in civil proceedings) shall apply as if proceedings under this Ordinance were civil proceedings.

35. (1) The provisions of this Ordinance shall apply to any article contained in a postal packet.

(2) Notwithstanding the provisions of subsection (1), a postal packet contained in a sealed mail bag shall, if the mail bag is listed in the manifest of the vessel, aircraft or vehicle in or on which it is imported or exported, not be construed as cargo for the purposes of this Ordinance.

(3) Any authorized officer or any member of the Customs and Excise Service may, in the presence of and under the directions of an officer of the Post Office, open and examine any postal packet held in the custody of the Post Office.

(4) For the purposes of this section, the terms "mail bag", "Post Office", "officer of the Post Office" and "postal packet" shall have the meanings assigned to such terms, respectively, under section 2 of the Post Office Ordinance.

36. (1) Any person who, in respect of - (a) an application for the issue of a licence;

(b) an application for registration under this Ordinance; or

(c) any declaration, document or article required to be lodged with the Director, an authorized officer or member of the Customs and Excise Service pursuant to the provisions of this Ordinance,

(Cap. 8.)

Application of Ordinance to postal packets.

(Cap. 98.)

Offences in respect of licences.

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