SMUGGLING INTO CHINA (CONTROL) ORDINANCE

SMUGGLING INTO CHINA (CONTROL) ORDINANCE

LAWS OF HONG KONG

SMUGGLING INTO CHINA (CONTROL)

ORDINANCE

CHAPTER 242





CHAPTER 242

SMUGGLING INTO CHINA (CONTROL) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Unlawful loading of goods destined for China ... ... ... ... ... ... ... ... 2

4. Unlawful landing or attempted landing of goods destined for China ... ... ... 2

5. Unlawful entry into prohibited areas by, vessels carrying goods destined for

China ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... 3

6. Chinese Maritime Customs to have powers to patrol in prohibited a area and to

board and examine the papers of vessels found in such area ... ... ... ... 3

7. Prosecution of offenders. Powers of police and harbour authority ... ... ... 3

8. Export of goods into China prohibited save at excepted places ...
... ... ... 4

9. Penalties and enforcement ... ... ... ... ... ... ... ... ... ... ... ... 5

10. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

11. Penalties under Ordinance to he in addition to penalties. under ally other km ...
6

12. Duration ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

First Schedule. Places referred to in section 3(b) ... ... ... ... ... ... ... ... ... 6

Second Schedule. Territorial waters of the colony mentioned in section S ... ... ... 6





CHAPTER 242

SMUGGLING INTO CHINA (CONTROL)

To give effect to an agreement negotiated b by Her Majestiy's
Government in the United Kingdom and the Chinese National
Government ment on behalf of the Hong Kong Government and the
Chinese
Maritime Customs, respectively.

[22 October 1948.1

1. This Ordinance may be cited as the Smuggling into China
(Control) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Harbour' has the meaning assigned to it by the Interpretation and
General Clauses Ordinance;

'junk' includes lorcha and any sea-going sailing-vessel of Chinese or
other Asiatic build, construction. and rig;

-magistrate- includes a marine magistrate;

---master-includes every person (except a pilot) having command or
charge of any ship.

---tons-and 'tonnage' mean tons and tonnage as calculated according
to British measurement of registered tonnage.,

'vessel' includes any ship or boat or any other description of vessel
used in navigation.

3. It shall be unlawful-

(a)in any place except the Harbour to load or cause or permit to
be loaded on any vessel having a net registered tonnage of
200 or more tons any cargo destined for China,

(b)in any place. except such places as are specified in the First
Schedule, to load or cause or permit to be loaded on any
vessel of less than 200 net registered tons any cargo destined
for China:

Provided that nothing in this section shall make it unlawful with the
previous consent in writing of the Director of Marine to load or cause or
permit to be loaded on any vessel elsewhere than in such place as is in
this section provided any cargo destined for China.

4. (1) It shall be unlawful to land or attempt to land any cargo
destined for China from any vessel loaded in Hong Kong in any place
except the port for which such cargo was cleared.

(2) It shall be lawful for the Director of Marine to refuse clearance
in respect of any cargo destined for China or to grant





clearance in respect only of a particular port. In the exercise of the
above discretion the Director of Marine shall act in accordance with any
directions he may receive from the Governor in Council.

(3) If any vessel to which this section applies is found proceeding
on a course and in circumstances which render it unlikely, in the
opinion of the magistrate before whom the master thereof is charged,
that such master had any intention of landing the cargo at the port for
which it was cleared then, unless such master shall satisfy the
magistrate that he intended to land such cargo at such port, the
magistrate may find him guilty of an attempt to commit an offence
contrary to the provisions of subsection (1).

5. It shall be unlawful for any vessel carrying cargo destined for a
port in China to enter such of the territorial waters of the Colony as are
specified in the Second Schedule (hereinafter referred to as the
prohibited area) without having previously been cleared in ,Hong Kong
for such port of destination in respect of all the cargo so carried.

6. (1) It shall be lawful for any vessel of the Chinese Maritime
Customs to patrol the prohibited area and to require any vessel found
therein to stop in order that its papers may, be examined.

(2) It shall be lawful for the Chinese Maritime Customs---

(a)to board any vessel stopped pursuant to subsection (1) and
examine the papers of such vessel for the purpose of
ascertaining whether the provisions of this Ordinance have
been observed; and

(b)in the event of any breach of this section to require such
vessel to proceed to such point within the territorial waters of
the Colony as the Chinese Maritime Customs shall specify;
and

(e)to take all reasonable steps to ensure compliance with any
such requirement provided that no more force than is
necessary shall be employed.

(3) It shall be an offence against the Ordinance for any vessel to
refuse to stop when required so to do under this section or for any
master to refuse to produce, or to obstruct the examination of, papers
lawfully required hereunder, or to fail to proceed to any point to which
the vessel has lawfully been directed to proceed under subsection (2).

7. (1) Whenever any police or harbour authority receives a
complaint from the Chinese Maritime Customs that the master of a
vessel has committed an offence against this Ordinance such authority
shall take all necessary steps to inquire into the offence and prosecute
the offender.





(2) Such authority shall for such purposes and also for the purpose
of enforcing this Ordinance have all the powers conferred by section 78
of the Merchant Shipping Ordinance as if the same had been herein set
forth save that the expression offence against this Ordinance' shall be
substituted for the expression 'felony or misdemeanor wherever the
same occurs in the said Ordinance and save that a refusal to comply
with the lawful requirement of such authority shall be deemed to be an
offence against this Ordinance and be punishable accordingly.

8. (1) No person shall export or attempt to export goods into China
at any place across the land frontier between Hong Kong and China
except the following

(a)such points at Sha Tau Kok as the Regional Secretary (New
Territories), shall, in such manner as he deems best calculated
to inform the public, specify or. mark, (Amended, L.N. 94/74 and
L.N. 17/82)

(h)such points opposite Lin Tong as the Regional Secretary
(New Territories), shall. in such manner as he deems best
calculated to inform the public. specify or mark. (Amended. L.N.
97, 74 and L.N. 17/82)

(c)the points where the Kowloon-Canton road crosses the
frontier.

(d) Lo Wu Railway Bridge.

(e)such places as the Governor in Council may by regulation
prescribe.

(2) An attempt to export goods into China tinder subsection (1)
shall be deemed to have been made by any person found in possession
of goods at any point is. within 50 yards of the land frontier aforesaid
riot being a point within 50 yards of the places specified in or prescribed
under subsection (I):

Provided that if on being charged. before a magistrate such person
is able to satisfy the magistrate that he was intending to export at one of
the places excepted under subsection (1) or that he had no intention of
exporting such goods he shall not be found guilty of any offence
against this section.

(3) Any police officer, any member of the Customs and Excise
Service and any person authorized by regulation made by the Governor
in Council under this Ordinance may in lieu of charging such person
before 'a magistrate require any person found in possession of or
carrying goods at any point within 50 yards of the land frontier
aforesaid to specify at which of the places excepted from the prohibition
in subsection (1) he proposes to export the goods and on such place
being specified may require him to proceed to such place forthwith. It
shall be an offence to fail to comply with any requirement made
hereunder.





(4) This section shall not apply to-

(a)any commodity the product of or utilize 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 52.000 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 ball 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 fall 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.

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





contained be construed as a waiver of any right which the Government
of Hong Kong is entitled to exercise according to the Law and Customs
of Nations.

11. Nothing in this Ordinance shall prevent any person from being
subject to any fine or punishment under the Merchant Shipping
Ordinance or to any other fine or punishment to which he would have
been subject if this Ordinance had not been passed.

12. This Ordinance shall cease to have effect as from such day as
the Governor acting with the advice of Executive Council may by
Proclamation specify and such cessation shall have the same effect as if
the Ordinance had been repealed.

FIRST SCHEDULE [s. 3.]

Such portion of the Yau Ma Tei Typhoon Shelter as the Director of Marine
of Hong Kong may direct. or the Port of Tai Po.

SECOND SCHEDULE [s. 5.1

1. Deep Bay Area.. That part of the waters of Deep Bay. bounded on the North
by the shores of that Bay. and on the South by a line drawn 067 from a point -A-
on the Western Boundary, of the Waters of the Colony in Latitude 22 27'
10North. Longitude 113 52 00 East to a position -B- in Latitude 22 30' 21
North. Longitude 114 00 18 East and thence 090 to a point -C- where this line
meets the coast in Latitude 22 30' 21 North. Longitude 114 02 40 East as the
same are delineated and marked on a chart. the geographical coordinates of which
are based on British Admiralty, Chart No. 3681 and twelve counterparts of which.
for the purpose of record and identification. have been signed by Mr. Fu-yun
Chang. Director General of the Chinese Maritime Customs representing the
Chinese Maritime Customs and Mr. D. M. MacDougall. on behalf of the
Government of Hong Kong, and two counterparts of which have been deposited
with the Clerk of Councils and Land Officer respectively'.

2. Mirs Bay Area.. The waters of Starling Inlet and that part of the waters of
Mirs Bay lying between the shores of Mirs Bay on the north and east and a line
commencing at the northernmost point of Robinson Island and thence 000 to a
point in Latitude 22 33' 44' North, Longitude 114 16' IT' East. thence 086 to
a point in Latitude 22 34' IT' North, Longitude 114 25' 16' East, thence 126 to a
point in Latitude 22- 32' 53' North, Longitude 114 27' 18' East. thence 180 to a
point in Latitude 22 27' 06' North. Longitude 114 27' 18' East. and thence 135 to
a point where this line meets the eastern boundary of the Colony in Latitude 22 24'
34' North, Longitude 114 30'00' East.
Originally 51 of 1948. L.N. 94/74 L.N. 17/82 Short title. Interpretation. (cap.1.) Unlawful loading of goods destined for China. First Schedule. Unlawful landing or attempted landing of goods destined for China. Unlawful entry into prohibited areas by vessels carrying goods destined for China. Second Schedule. Chinese Maritime Customs to have powers to patrol in prohibited area and to board and examine the papers of vessels found in such area. Prosecution of offenders. Powers of police and harbour authority. Export of goods into China prohibited save at excepted places. Penalties and enforcement. (Cap. 227.) Penalties under Ordinance to be in addition to penalties under any other law. (Cap. 281.) Duration.

Originally 51 of 1948. L.N. 94/74 L.N. 17/82 Short title. Interpretation. (cap.1.) Unlawful loading of goods destined for China. First Schedule. Unlawful landing or attempted landing of goods destined for China. Unlawful entry into prohibited areas by vessels carrying goods destined for China. Second Schedule. Chinese Maritime Customs to have powers to patrol in prohibited area and to board and examine the papers of vessels found in such area. Prosecution of offenders. Powers of police and harbour authority. Export of goods into China prohibited save at excepted places. Penalties and enforcement. (Cap. 227.) Penalties under Ordinance to be in addition to penalties under any other law. (Cap. 281.) Duration.

https://oelawhk.lib.hku.hk/items/show/2962

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