IMPORTATION AND EXPORTATION ORDINANCE

IMPORTATION AND EXPORTATION ORDINANCE

CHAPTER 50.

IMPORTATION AND EXPORTATION.

To amend the law relating to importation and exporlation.

[17th December, 1915.]

1. This Ordinance may be cited as the Importation and

Exportation Ordinance.

2. In this Ordinance-

'Director' shall mean and include the Director of Commerce and Industry
and any assistant or deputy director;

'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 or
sent from any country and brought into the Colony, by land, air
or water (whether 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;

'import' means to bring or cause to be brought into the Colony by
land, air or water;

'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;


'ship' includes every descriphon of vessel used in naviga-



tion 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;

(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;

(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 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
persons as may be authorized by or under the
order of the Governor 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;

(d)to prescribe any conditions to be observed, before or
after the issue of all 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 way whatsoever in the carriage of
such articles or in the documents relating to such
articles;

(c)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;
(f) to prescribe arisr 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. (i) 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 air-craft in the
Colony of any 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 whatsoever on
the importation or exportation of unmanifested cargo or on
cargo placed on board any ship or aircraft.

(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
with the duty of issuing such permit or licence mid such

officer may impose any condition whatsoever on the grant-
ing of any permit or 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 certificale purporting to be under
the hand of the Accountant General.

(2) The recovery of any such sum shall not relieve any
persom from any other penally 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 forfeiture of any such deposit shall not relieve any
person front 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 Director in writing in that behalf either
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 in 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;

(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

(ii) which may, be evidence 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 sticii
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 involxing 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 in favour of
the Crown against any other party that such cargo
was imported into the Colony on board such ship
or aircraft unless such other party proves affirma-
tively 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 from 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 party proves affirmatively that the said cargo
was not exported or was not intended to be exported from
the Colony on board such ship or aircraft, 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.

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

12. (1) It shall be lawful for the Governor in Council
to prescribe fees to be collected by the Director in respect

of matters arising under this Ordinance and also in respect
of any signature given or document issued in connexion
with the importation or exportation of any commodity
or
facilitating proof of the composition manufacture or origin
or any cornitiodity, imported or to be imported exported
or to be exported, or given or issued in connexion with
the commercial purposes of any person or firm.

(2) Such fees shall be paid by means of stamps which
shall be duly cancelled by the Director. [11A

12. Any person who-

(a)contravenes any of the provisions of this Ordinance or of anyv
order of the Governor in Council made thereunder, or who
falls 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; or

(b)imports or exports anything in contravention of any
proclamation made in whole or in part under the powers
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 same, shall be deemed to commit an offence
against this Ordinance.

[12

14. (1) Any person who commits or attempts to commit any
offence against this Ordinance shall be guilty of a misdemeanor
and shall be liable upon conviction either summarily or on
indictment to imprisonment for all), term not exceeding one year
and to a fine not exceeding twenty thousand dollars.

(2) For the purposes of this Ordinance, to do any act
preparatory to or for the purpose of exportation shall be deemed
to be an attempt to export : 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 accord
with the provisions of this Ordinance and of all orders of the
Covernor in Council made thereunder.

(3) It shall be lawful for the court or a magistrate
to order to be forfeited to the Crown any article in respect
of which any offence against this Orditiance. (Including an
attempt to commit an offence) 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 dis-
cretion to entertain and give effect to any moral claim to
or in respect of the said article. [13

15. 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. [14
Originally 32 of 1915, Fraser 32 of 1915, 9 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. Powers of the Governor in Council with regard to importation. [s. 3 cont.] 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; [s. 10 cont.] certificates of British customs or consular officers to be prima facie evidence. Power of the Governor in Council to relax provisions. Fees. 24 of 1950, Schedule. Offences. Penalties. 22 of 1950, Schedule. 9 of 1950, Schedule. 9 of 1950, Schedule. Saving of other powers.

Originally 32 of 1915, Fraser 32 of 1915, 9 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 24 of 1950, Schedule. Powers of the Governor in Council with regard to importation. [s. 3 cont.] 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; [s. 10 cont.] certificates of British customs or consular officers to be prima facie evidence. Power of the Governor in Council to relax provisions. Fees. 24 of 1950, Schedule. Offences. Penalties. 22 of 1950, Schedule. 9 of 1950, Schedule. 9 of 1950, Schedule. Saving of other powers.

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