IMPORTATION AND EXPORTATION ORDINANCE, 1915

IMPORTATION AND EXPORTATION ORDINANCE, 1915

No. 32 of 1915.

An0,rdinance to amend the. law relatling to importation and
exportation.
[17th December, 1915.]

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

2. In this Ordinance,

(a) To attempt to export ' means to do any act prepara-
tory to or for the purpose of exportation : Provided that an
application for an export perinit under this Ordinance shall not
be deemed to be an attempt to export if such. applicatioft is in
all respects in accordance with the Provisions of this. Of'dinance
and 'of all orders of-the Governoor,in Council made thereunder.


(b) ' Export means to take or cause to be taken out of the
Colony by land, air or water, and includes the export of anything
.taken Pr sent from any country and brought. into-the Colony by
land, air or water (wheth er or not landed or transhipped.'.in the'
Colony) for the sole purpose of being carried to,another country
either by the same or another conveyance;

(c) ' Import means to bring or cause to be brough t into
the Colony by land, air or water;

(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 organization ;

.(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 by order
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;

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 if it formed part
of this Ordinance : see No. 11 of 1918, s. 2 (4).
As amended by Law Rev. Ord., 1939, Supp. Sched.





(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 of
such articles or in the documents relating to such articles;

(e) to impose upon the owners, charterers and agents of
ships and aircraft, and upon the masters of ships and the persons
in charge of aircraft, such obligations with regard to manifests,
bills of lading, air consignment notes and otherwise as the
Governor in Council may deem necessary for the purpose of
carrying this Ordinance into effect and for the purpose of
securing compliance generally, with its provisions;

to prescribe any other restrictions whatsoever on the.
im portation 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 G overnor in Council by, order
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
authorized by or under the Order in Council to receive such
article

(c) to prohibit the exportation of any article except under
an export permit or export licence and to provide for the issuing
of such permits and licences;

* As amended by Law Rev. Ord., 1939, Supp. Sched,





(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 articles to which
such permit or licence or the application therefor may relate, or
who may be interested in any wa y whatsoever in the carriage of
such articles or in the docti ments relating *to such articles

(e) to impose upon the owners, charterers and agents of
ships and aircraft, and upon the masters of ships and the persons
in charge of aircraft, such obligations with regard to manifests,
bills of lading, air consignment notes and otherwise as the
Governor in Council may deem necessary for the purpose of
carrying this Ordinance into. effect and for the purpose of
securing compliance generally with its provisions;

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.-(1) It shall be lawful for the Governor in Council by
order to exercise all or any of the following powers-.

(a) to prohibit the importation of unmanifested cargo, either
generally or from any particular country or place;

(b) to prohibit the exportation of unmanifested cargo, either
generally or to any particular country or place;

(c) to prohibit the placing on board any ship or aircraft in
the Colony of any cargo without the consent of the owners,
charterers or agents thereof or of the master of the ship or
person in charge of the aircraft;

(d) absolutely or conditionally to exempt from any such
prohibition cargo carried in passengers' luggage or any other
class of cargo whatsoever; and

(e) to prescribe any other restriction or condition whatso-
ever on the importation or exportation of unmanifested cargo
or on cargo placed on board any ship or aircraft.

As amended by No. 14 of 1932 [27.5.32] and Law Rev. Ord., 1939,
Supp. Sched.





(2) In this section. ' unmanifested cargo '.means cargo not
-entered on the manifest of the ship or aircraft.

6. The granting or refusal of, any permit or licence shall be
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
9
licence.

7.-(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
bond shall be deemed 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.

(2) The recovery of any
such sum shall not relieve any
to which he may be liable under this or any other Ordinance.

8.-('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 forfeiturr 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.

9..-(1) It shall be lawful for any public officer authorized
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.
committed an offence against this Ordinance;
(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;

As amended by Law Rev. Ord.3 1939, Supp. Sched.





(c) to search any place or vessel (not being a ship of war)

or aircraft in which such public officer may have reason to
suspect that. there may be anything-

(i) with respect to which any offence against this Ordinance may have
been committed,* or
of the commission of any such offence ; and

(d) to seize, remove and detain anything with respect to which any
offence against this Ordinance 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 aircraft or 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 aircraft
or vessel until such place or aircraft or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search, seizure 'or
removal which is authorized by this Ordinance or by any order of the
Governor in Council made thereunder.

10. In any proceeding in respect of or involving any matter, civil or
criminal, arising under or in connexion with this Ordinance or any order of
the Governor in Council made thereunder

(a) if any cargo appears on any import manifest. furnished by the
owners, charterers or agents of any ship or aircraft,, or by the master of a
ship or person in charge of an aircraft, at any time before or after the arrival
of such ship or aircraft in the Colony, it shall be presumed infavour of the
Crown against any

As amended by Law Rev. Ord. 1939, Supp. Sched.





other party that, such cargo was imported into the Colony on
board such ship or aircraft unless such other party proves
affirmatively that such cargo was not in fact carried into the
Colony on 'board such ship or aircraft

(b) if any cargo appears on any export manifest furnished
by the owners, charterers or agents of any ship or aircraft, or
by the master of a ship or person in charge of an aircraft, before
or after the departure frorm the Colony of such ship or aircraft, 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 or aircraft, according as
such ship or aircraft has actually left the Colony or not, unless
such other pirty proves affirmatively that the said cargo was not
exported or was not intended to he exported from the Colony
on board such ship or aircraft, as the case irlay be;

(c) any certificate produced from official custody and pur-
porting to be signed by any British customs or consular officer
shall be prima facie evidence of the truth of the matters stated
therein.

11. It shall be lawful for the Governor in Council in his
absolute discretion to relax in anyeither generally or in
particular cases, any of the provisions of this Ordinance or of
any order made by him thereunder, to make such relaxation
defeasible upon the happening of any event whatsoever and to,
withdraw any relaxation so granted.

12. Every person who-

(a) contravenes any of the provisions of this Ordinance or
of any order of the Governor in Council made thereunder, 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 such Order in Council : or

(b) imports or exports anything ill contravention of any
proclamation made in whole or in part Under the pomrers conferred
by the Order of Her late Majesty Queen Victoria in Council of
the 26th day of October, 1896, or any Order of His Majesty in
Council amending or substituted for the sarpe,
shall be deemed to commit an offence against this Ordinance.

As amended by Law Rev. Ord., 1939, Supp. Sched.

13.-(1) Ever person who commits or attempts to commit
any offence against this Ordinance shall be. guilty of a mis-
demeanor 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 the court or a magistrate to &der
to be forfeited to the Crown any article in respect of which any
offence against this Ordinance has been'committed whether any,
person has 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.

14. The powers conferred by this Ordinance shall be deemed
to be in addition to aild not in derogation of any other powers
of His Majesty or of the Governor in Council or of the Governon
or of any public officer.
[Orginally No. 32 of 1915. No. 14 of 1932. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Powers of the Governor in Council with regard to unmanifested or unauthorized cargo. Issue of permit or licence to be discretionary.* Forfeiture of bond.* Forfeiture of deposit.* Arrest, search, seizure, removal, and detention.* Evidence:* import manifests to be evidence of importation; export manifests to be evidence of exportation; certificates of British customs or consular officers to be prima facie evidence. Power of the Governor in Coiuncil to relax provisions. Offences. Penalties.* Saving of other powers.

[Orginally No. 32 of 1915. No. 14 of 1932. Law Rev. Ord., 1939.] Short title. Interpretation. Powers of the Governor in Council with regard to importation. Powers of the Governor in Council with regard to exportation. Powers of the Governor in Council with regard to unmanifested or unauthorized cargo. Issue of permit or licence to be discretionary.* Forfeiture of bond.* Forfeiture of deposit.* Arrest, search, seizure, removal, and detention.* Evidence:* import manifests to be evidence of importation; export manifests to be evidence of exportation; certificates of British customs or consular officers to be prima facie evidence. Power of the Governor in Coiuncil to relax provisions. Offences. Penalties.* Saving of other powers.

https://oelawhk.lib.hku.hk/items/show/1541

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