IMPORTATION AND EXPORTATION ORDINANCE, 1915

IMPORTATION AND EXPORTATION ORDINANCE, 1915

No. 32 of 1915.

An Ordinance to amend the law relating to importation
and exportation.

[17th December, 1915.]

1. This Ordinance may be cited as the Importation and
Ekportation Ordinance, 1915.

Revenue officers may arrest without warrant in respect of offences against the
provisions of this Ordinance. See No. 2 of 1917.
Section 14 of the Copyright Act, 1914, has effect as it it formed part of this
Ordinance. See No. 11 of 1918, s. 2 (4).





2. In this Ordinance,

(a) To attempt to export means to do any act preparatory
to or for the purpose of exportation: Provided that an
application for an export permit under this Ordinance shall
not be deemed to be an attempt to export if such application
is in all respects in accordance with the provisions of this
Ordinance and of all Orders in Council made thereunder.
(b) To export means to carry or take out of the Colony
or to cause to be carried or taken out of the, Colonv and
includes the carriage out of the Colony of things which were
carried into the Colony by water and which are, without
transhipment into any other vessel, carried out of the Colony,
on the same vessel on which they were carried into the
Colony.
, (e) To import means to carry or bring into the Colony
or to cause to be carried or brought into the Colony.
(d) Person , except so far as relates to the imposition of
the penalty of imprisonment, includes a body corporate, a
firm, and any other association of persons or organisation.
(e) Ship includes every description of vessel used in
navigation or for the carriage of goods.

3. It shall be lawful for the Governor in Council to exercise
all or any of the following powers:-
(a) to prohibit the importation of any article, either
generally or from a particular country or place;

(b) to prohibit the importation of any article from a
particular person or class of persons;
(c) to prohibit the importation of any article except under
an import permit or import licence and to provide for the
issuing of such permits and licences;
(d) to prescribe any conditions to be observed, before or
after the issue of an import permit, or import licence, by any
persons interested in any way whatsoever in the articles to
which such permit or licence or the application therefor may
relate, or who may be interested in any way whatsoever in
the carriage ol such articles or in the documents relating to
such articles;

* As amended by No. 30 of 1917.





(e) to impose upon the owners, charterers, agents and
masters of ships such obligations with regard to manifests
and bills of lading and otherwise as the Governor in Council
may deem necessary for the purpose of carrying this Ordi-
nance into effect and for the purpose of securing compliance
generally with its provisions;
(f) to prescribe any other restrictions whatsoever on the
importation of any article; and

(g) to prescribe any other conditions whatsoever to be
observed in connexion with the importation of any article.

4. It shall be lawful for the Governor in Council to
exercise all or any of the following powers:-
(a) to prohibit the exportation of any article, either
generally or to a particular country or place;
(b) to prohibit the exportation of any article to any country
or place unless consigned to such person or persons as may
be authorised by or tinder the Order in Council to receive
such article;
(c) to prohibit the exportation of any article except under
au export permit or export licence and to provide for the
issuing of such permits and licences;

(d) to prescribe any conditions to be observed, before or
after the issue of an export permit, or export licence, by any
persons interested in any way whatsoever in the artlicles to
which such perinit or licence or the application therefor may
relate, or who may be interested in any way whatsoever in
the carriage of such articles or in the documents relating to
such articles.
(e) to impose upon the owners, charterers, agents and
masters of ships such obligations with regard to manifests
and bills of lading and otherwise as the Governor in Council
may deem necessary for the purpose of carrying this Ordi-
nance into effect and for the purpose of securing compliance
generally with its provisions;

(f) to prescribe any other restrictions whatsoever on the
exportation of any article; and
(g) to prescribe any other conditions whatsoever to be
observed in connexion with the exportation of any article.





5. The granting or refusal of any permit or licence shall
lie in the absolute discretion of the officer entrusted with the
duty of issuing such permit or licence and such officer may
impose any condition whatsoever on the granting of any
permit or licence.

6.-(1) Upon the failure of any condition of any bond
required as a condition on the granting of any permit or any
licence issued under this Ordinance, the sum secured by the
liond shall be deeined to be a debt due to the Crown and may
be recovered in the same manner as Crown rents are
recovered upon a certificate purporting to be under the hand
of the Treasurer.
(9) The recovery of any such sum shall not relieve any
person from any other penalty to which he may he liable
under this or any other Ordinance.

7.-(1) Upon the breach of any condition of any permit
or any licence issued under this Ordinance, any deposit
required as a condition on the granting of such permit or
licence shall upon application to a magistrate be declared by
him to be forfeited to the Crown.
(2) The forfeiture of any such deposit shall not relieve any
person from any other penalty to which he may be liable
under this or any other Ordinance.

8.-(1) It shall be lawful for any public officer authorised
by the Superintendent of Imports and Exports in writing in
that behalf either generally or for a particular occasion-
(a) to arrest and bring before a magistrate any person
whom such public officer may have reason to suspect of
having contravened any of the provisions of this Ordinance
or of any Order in Council made thereunder;
(b) to search the person and property and effects of any
person whom it may be lawful for such public officer to
arrest: Provided that no female person shall be searched
except by a female, and provided that no person shall be
searched in a public place if he objects to be so searched;
(c) to search any place or vessel (not being a ship of war)
in which such public officer may have reason to suspect that
there may be any thing----

As amended by Law Rev. Ord., 1924.





(i) with respect to which any offence against the provisions
of this Ordinance or of any Order in Council made there-
under may have been committed, or

(ii) which may be evidence of the commission of any such
offence ; and

(d) to seize, remove and detain any thing with respect to
which any offence against the provisions of this Ordinance
or of any Order in Council made thereunder may appear to
have been - committed or which may appear to be or to contain
evidence of the commission of any such offence, including
all account books and correspondence.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such
place;

(b) forcibly enter any such vessel and every part thereof

(c) remove by force any personal or material obstruction
to any arrest, detention, search, seizure, or removal which he
is empowered to make;

(d) detain every person found in such place or on board
such vessel until such place or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search,
seizure, or removal, which is authorised by this Ordinance
or by any Order in Council made thereunder.

9. In any proceeding in respect of or involving any
matter, civil or criminal, arising under or in connexion
with this Ordinance or any Order in Council made there-
under-

(a) If any cargo appears on any import manifest furnished
by the owners, charterers, agents or master of any ship at
any time before or after the arrival of such ship in the
waters of the Colony, it shall be presumed in favour of the
Crown against any other party that such cargo was imported
into the Colony on board such ship unless such other party
shall prove affirmatively that such cargo was not in fact
carried into the Colony on board such ship.





(b) If any cargo appears on any export manifest, furnished
by the owners, charterers, agents or master of any ship
before or after the time of sailing of such ship, it shall be
presumed in favour of the Crown against any other party
that such cargo was exported or was intended to be exported
from the Colony on board such ship, according as such ship
shall have actually left the waters of the Colony or not,
unless such other party shall prove affirmatively that the
said cargo was not exported or was not intended to be
exported from the Colony on board such ship, as the case
may be.
(c) Any certificate produced from official custody and
purporting to be signed by any British customs or consular
officer shall be prima facie evidence of the truth of the
matters stated therein.

10. It shall be lawful for the Governor in Council in his
absolute discretion to relax in any way, either generally or
in particuilar cases, any of the prosrisions of this Ordinance
or of any Order in Council made thereunder, to make such
relaxation defeasible upon the happening of any event
whatsoever, and to withdraw any relaxation so granted.

11. Every person who contravenes any of the provisions
of this Ordinance or of any Order in Council made there-
under, or who fails to observe any condition or restriction
prescribed or to discharge any obligation imposed by or
under this Ordinance or by or under any Order in Council
made thereunder, shall be deemed to commit an offence
against this Ordinance.

12.-(1) Every person who commits or attempts to com-
mit any offence against this Ordinance or against any Order
in Council made thereunder shall be guilty of a misdemeanor
and shall be liable upon conviction either summarily or on
indictment to imprisonment for any term not exceeding one
year and to a fine not exceeding ten thousand dollars.
(2) It shall be lawful for a magistrate to order to be
forfeited to the Crown any article in respect of which
any offence against this Ordinance or against any Order
in Council made thereunder has been committed whether

As amended by No. 30 of 1917 and Law Rev. Ord., 1924.

any person shall have been convicted of such offence or
not, and upon the making of any such order of forfeiture
the said article shall be deemed to be the property of the
Crown free from all rights of any person: Provided that
it shall be lawful for the Governor in Council in his absolute
discretion to entertain and give effect to any moral claim to
or in respect of the said article.

13. Nothing in this Ordinance shall affect the operation
of the Military Stores (Exportation) Ordinance, 1862, or of
any Ordinance amending or substituted for the said Ordi-
nance.

14. The powers conferred by this Ordinance shall be
deemed to be in addition to and not in derogation of any
other powers of His Majesty or of the Governor in Council
or of the Governor or of any public officer.
[Originally No. 32 of 1915. No. 30 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Issue of permit or licence to be discretionary. Forfeiture of board. Forfeiture of deposit. Arrest, search, seizure, removal, and detention. Evidence. Import mainfests to be evidence of importation. Export manifests to be evidence of exportation. Certification of British customs or consular office to be prima facie evidence. Power of the Governor in Council to relax provisions. Offences. Penalties. Saving of Ordinance No. 1 of 1862. Saving of other powers.

[Originally No. 32 of 1915. No. 30 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Issue of permit or licence to be discretionary. Forfeiture of board. Forfeiture of deposit. Arrest, search, seizure, removal, and detention. Evidence. Import mainfests to be evidence of importation. Export manifests to be evidence of exportation. Certification of British customs or consular office to be prima facie evidence. Power of the Governor in Council to relax provisions. Offences. Penalties. Saving of Ordinance No. 1 of 1862. Saving of other powers.

https://oelawhk.lib.hku.hk/items/show/1297

1923

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