1984 Ed.]
Smuggling into China (Control)
[CAP. 242
5
(4) This section shall not apply to-
(a) any commodity the product of or utilized in animal or
vegetable husbandry; or
(b) any class of goods which the Governor may by notification in the Gazette exempt from the operation of this section; or
(c) goods the aggregate value of which does not exceed Hong Kong $200.
9. (1) Any offence against the provisions of this Ordinance may be prosecuted summarily before a magistrate in accordance with the procedure prescribed by the Magistrates Ordinance and shall be punishable by a fine not exceeding $2,000 or by imprisonment for any term not exceeding 1 year.
(2) Upon it being shown to the satisfaction of a magistrate that an offence against this Ordinance has been committed in respect of any particular goods or cargo he may whether any person has been convicted of such offence or not order that the same be forfeited to the Crown:
Provided that the Governor in Council may in his absolute discretion entertain and give effect to any moral claim to or in respect of such goods or cargo.
(3) Every vessel, the master of which is charged with having violated the provisions of this section, may be forthwith arrested and detained, unless bail to the satisfaction of a magistrate is given, until such master shall either have been acquitted, or, if found guilty, shall have paid the fine inflicted upon him, and in case he shall fail to pay, within 10 days, any fine inflicted upon him, the same may be recovered by the sale of such vessel and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such fine, shall be paid to the owner of the vessel if claimed within 12 months from the date of the sale, and if not claimed within that period, shall be forfeited:
Provided that in case it shall be brought to the knowledge of the magistrate that there is in the Colony any consignee or agent of such vessel, no sale thereof shall be made until 3 days' notice in writing shall have been given to him.
(4) Every vessel forfeited or sold under this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Director of Marine, which shall confer upon such purchaser, his executors, administrators and assigns an absolute title to such vessel.
Penalties and enforcement.
(Cap. 237.)
10. (1) This Ordinance shall not apply to Her Majesty's ships of war or to the ships of war of any foreign Government.
(2) Nothing herein contained shall be construed as giving the Chinese Maritime Customs any right other than such rights for which express provision has been made nor shall anything herein
1984 Ed.]
Smuggling into China (Control)
[CAP. 242
5
(4) This section shall not apply to-
(a) any commodity the product of or utilized in animal or
vegetable husbandry; or
(b) any class of goods which the Governor may by notification in the Gazette exempt from the operation of this section; or (c) goods the aggregate value of which does not exceed Hong
Kong $200.
9. (1) Any offence against the provisions of this Ordinance may be prosecuted summarily before a magistrate in accordance with the procedure prescribed by the Magistrates Ordinance and shall be punishable by a fine not exceeding $2.000 or by imprison- ment for any term not exceeding 1 year.
(2) Upon it being shown to the satisfaction of a magistrate that an offence against this Ordinance has been committed in respect of any particular goods or cargo he may whether any person has been convicted of such offence or not order that the same be forfeited to the Crown:
Provided that the Governor in Council may in his absolute discretion entertain and give effect to any moral claim to or in respect of such goods or cargo.
(3) Every vessel, the master of which is charged with having violated the provisions of this section, may be forthwith arrested and detained, unless bail to the satisfaction of a magistrate is given, until such master shall either have been acquitted, or, if found guilty, shall have paid the fine inflicted upon him, and in case he shall fail to pay. within 10 days, any fine inflicted upon him, the same may be recovered by the sale of such vessel and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such fine, shall be paid to the owner of the vessel if claimed within 12 months from the date of the sale, and if not claimed within that period, shall be forfeited:
Provided that in case it shall be brought to the knowledge of the magistrate that there is in the Colony any consignee or agent of such vessel, no sale thereof shall be made until 3 days' notice in writing shall have been given to him.
(4) Every vessel forfeited or sold under this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Director of Marine, which shall confer upon such pur- chaser, his executors, administrators and assigns an absolute title to such vessel.
Penalties and enforcement.
(Cap. 237.)
10. (1) This Ordinance shall not apply to Her Majesty's ships Saving. of war or to the ships of war of any foreign Government.
(2) Nothing herein contained shall be construed as giving the Chinese Maritime Customs any right other than such rights for which express provision has been made nor shall anything herein
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