CUSTOMS AND EXCISE SERVICE ORDINANCE

CUSTOMS AND EXCISE SERVICE ORDINANCE

LAWS OF HONG KONG

CUSTOMS AND EXCISE SERVICE ORDINANCE

CHAPTER 342





CHAPTER 342

CUSTOMS AND EXCISE SERVICE ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
PART I
PRELIMINARY
1. Short title ...........................3
2. Interpretation ........................3

PART II

CONSTITUTION, DUTIES AND POWERS

3. Establishment and function ...........4
4. Direction and administration .........4
4A.....Commissioner and other public officers to be subject to the Governor's
directions ............................4
5. Constitution ..........................5
6. Payment ...............................5
7. Powers of delegation ..................5
8. Warrant cards .........................5
9. Terms of service of members ..........6

PART III

DISCIPLINE

10. Offences against discipline generally 6
11. Senior officers .....................6
12. Subordinate officers ................7
13. Interdiction in the case of criminal proceedings 7
14. Punishment of officer guilty of criminal ofrence 8
15. Saving in respect of Colonial Regulations and Hong Kong Regulations 8
16. Disciplinary rules ..................8

PART IIIA

GENERAL POWERS AND DUTIES OF MEMBERS

17. When members to be deemed on duty ...9
17A. General powers of arrest and search 9





Section Page

17B. Power to enter and search for suspects 10
17BA. Search and examination without warrant 10

17BB. Inspection of travel documents .................
11

17C................................Action after arrest ..............
12
17D................................Saving of other powers ..............
12

PART IIIB

OFFENCES, PENALTIES AND OTHER ORDERS

17E.....................................Making of false reports etc., to member 12
17F.....................................Assault etc. on a member 12

17FA. Failure to give correct name .....12

17G.....................................Unauthorized wearing of uniform 13
17H.....................................Delivery of Government property on ceasing to be a member 13
171.....................................Penalties 14

PART IV

WELFARE FUND

18......................................Establishment of Fund 14
19......................................Control of Fund 15

PART V

MISCELLANEOUS

20......................................Customs and Excise Service Orders is
21......................................Protection of members and persons aiding them 16

22.....................................Power to make regulations . 16
23.....................................(Repealed) 16

24.....................Amendment of Schedule 1 or 2 ........................................
.......................17

25. Amendment of references to Preventive Service in Ordinances and documents 17
26. Transitional 17

Schedule 1. Offices in the Customs and Excise Service 17

Schedule 2...............................Ordinances referred to in sections 17 and 17A 18





CHAPTER 342

CUSTOMS AND EXCISE SERVICE

To establish a Customs and Excise Service and to make provision as to its duties
and powers and as to the discipline of members thereof and to make provision
for a welfare fund; and for purposes connected with the matters aforesaid.

(Amended 46 of 1977 s. 2)

[16 0ctober l963] L.N.121 of 1963

Originally 25 of 1963 -13 of 1966,14 of1969, L.N. 83 of 1972,73 of 1972, L.N. of 1974, L.N.
253 of 1975, L.N. 117 of 1976, L.N. 235 of 1976, 46 of 1977, L.N. 143 of 1977, L.N. 203
of 1977, L.N. 206 of 1977, 36 of 1978, 15 of 1979, 18 of 1980, 69 of 1980, L.N. 361 of
1981, L.N. 294 of 1982, L.N. 73 of 1983, 40 of 1985, R. Ed. 1985, 36 of 1987, L.N. 132 of
1987, 24 of 1989, 35 of 1989, 66 of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Customs and Excise Service

Ordinance.

(Amended 46 of 1977s. 3)

2. Interpretation

In this Ordinance, unless the context otherwise requires

'Assistant Commissioner' means an Assistant Commissioner of Customs and
Excise; (Added40 of 1985 s. 2)

'Commissioner' means the Commissioner of Customs and Excise; (Replaced 40 of
1985 s. 2)

'Customs and Excise Service' means the service established by section 3; (Added46
of 1977s. 4)

'customs officer' means a member holding any office specified in Part IV of
Schedule 1; (Added40 of 1985 s. 2)

'Deputy Commissioner' means a Deputy Commissioner of Customs and Excise;
(Added40 of 1985 s.2)

'disciplinary ofrence' means a disciplinary offence prescribed by rules made

undersection16;(Added46of 1977s. 4)





'Hong Kong Regulations' means the regulations of the Hong Kong
Government;

'member' means a person holding an office specified in Schedule 1;

'senior officer' means a member holding any office specified in Part 1 or 11 of
Schedulel; (Added46of 1977s. 4)

'subordinate officer' means a member holding any office specified in Part 111 or
IVofSchedulel; (Added46of 1977s. 4)

'travel document' means a passport furnished with a photograph of the holder or
some similar document establishing to the satisfaction of a member the identity
of the holder and his nationality, domicile or place of permanent residence.
(Added 66 of 1989 s. 2)

PART II

CONSTITUTION, DUTIES AND
POWERS

3. Establishment and function

There shall be established a Customs and Excise Service which shall perform
the functions hitherto performed by the revenue officers appointed under the
Dutiable Commodities Ordinance 1931 (36 of 1931), and shall take lawful measure for
the enforcement of the laws of Hong Kong pertaining to dutiable commodities,
importation and exportation and smuggling and do such other things as may be
required of it by law.

(Amended 46 of 1977 s. 3; 40 of 1985 s. 3)

4. Direction and administration

Subject to section 4A, the Commissioner shall be charged with the direction
and administration of the Customs and Excise Service.

(Replaced 40 of 1985 s. 4)

subject to the Governor's directions

(1) The Governor may give such directions as he thinks fit, either generally or
in any particular case, with respect to the exercise or performance by the
Commissioner or any other public officer, other than a judge, a District Judge or a
magistrate, of any powers, functions or duties under this Ordinance.

(2) The Commissioner and every public officer shall, in the exercise or
performance of any powers, functions and duties under this Ordinance, comply with
any directions given by the Governor under subsection (1).

(Added 18 of 1980s. 3.Amended L.N. 294 of 1982)





5. Constitution

The Customs and Excise Service shall consist of the offices specified in
Schedule 1.

(Amended 46 of 1977 s. 3)

6. Payment

Provision for the payment and maintenance of the Customs and Excise Service
shall be by charges on the general revenues of Hong Kong, to such amount and in
such proportion as may from time to time by annual vote or otherwise be voted by
the Legislative Council.

(Amended 46 of 1977 s. 3; 40 of 1985 s. 5)

7. Powers of delegation

(1) Save where the contrary intention appears from the context of this or any
other Ordinance and subject to any special instructions of the Commissioner, a
Deputy Commissioner and an Assistant Commissioner may exercise and perform
any of the powers, functions and duties which are conferred or imposed upon the
Commissioner by this or any other Ordinance except any power to dismiss or
compel the retirement of a customs officer which may be conferred on the
Commissioner by or under this Ordinance.

(2) Save where the contrary intention appears from the context of this or any
other Ordinance, the Commissioner may authorize any senior officer by name, office
or appointment, to exercise and perform any of the powers, functions and duties
which are conferred or imposed upon the Commissioner by this or any other
Ordinance except any power to dismiss or compel the retirement of a customs officer
which may be conferred on the Commissioner by or under this Ordinance.

(Replaced 46of 1977s. 6. Amended 40 of 1985 s.6)

8. Warrant cards

(1) The Commissioner shall issue to every other member a warrant card bearing
the name and photograph of the member to whom it is issued and a statement
signed by the Commissioner certifying that such person is a member of the Customs
and Excise Service, which certificate shall be conclusive evidence of the person's
membership.

(2) Every member to whom a warrant card has been issued shall carry it on his
person and, if reasonably practicable, produce it for inspection by any person who
questions his authority to exercise or perform any power, function or duty conferred
or imposed upon the member by this or any other Ordinance. (Amended 66 of 1989 s.
3)

(Replaced 46 of 1977 s. 6)





9. Terms of service of members

(1) The Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap.
99), the Public Service Commission Ordinance (Cap. 93), Colonial Regulations and
Hong Kong Regulations for the time being in force, save in so far as is otherwise
provided therein or in this Ordinance or in any regulations made under this
Ordinance, shall apply to all members.

(2) Save as is otherwise provided in this Ordinance, the conditions of service of
members, including conditions as to appointment, promotion, transfer, discipline
and termination of appointment, and the grant of benefits upon retirement, shall be
in accordance with the provisions of the Public Service Commission Ordinance (Cap.
93), Colonial Regulations, Hong Kong Regulations, the Pensions Ordinance (Cap.
89) and the Pension Benefits Ordinance (Cap. 99).

(3) A member may resign from the Customs and Excise Service

(a)if he is on month to month terms of employment, by giving 1 month's
notice in writing to the Commissioner of his intention to resign;

(b)if he is on permanent terms of employment, by giving 3 months' notice
in writing to the Commissioner of his intention to resign; or

(e)with the prior consent of the Commissioner, by paying to the
Government 1 month's salary instead of giving notice. (Added 66 of
1989 s. 4)

(Amended 15 of 1979 s. 8; 36 of 1987 s. 47)

PART III

DISCIPLINE

10. OfTences against discipline generally

Any member who commits a disciplinary offence shall be liable to be dismissed
or otherwise dealt with as provided by or under this Ordinance.

11. Senior officers

Whenever it is alleged that a senior officer has committed a disciplinary offence
or whenever an investigation is being undertaken into any conduct which may
amount to the commission of a disciplinary offence by a senior officer

(a)the provisions of Colonial Regulations and Hong Kong Regulations
which relate to interdiction and the payment of emoluments thereafter
shall apply;





(b)the matter shall be investigated and the officer concerned dealt
with.in the appropriate manner provided for in those regulations for
allegations of misconduct made against a public officer.

12. Subordinate officers

(1) Whenever a subordinate officer is charged with a disciplinary offence

(a) the Commissioner may interdict him from duty;

(b)the matter shall be investigated and the officer concerned dealt with
in the appropriate manner prescribed by rules made under section 16.

(2) Whenever an investigation is being undertaken into any conduct which
may amount to the commission of a disciplinary offence by a subordinate officer
and the Commissioner considers that it is contrary to the public interest for the
officer to continue to exercise the powers and functions of his office, the
Commissioner may interdict him from duty but the officer shall be entitled, until such
time as he is charged with a disciplinary offence to the full amount of the
emoluments which he would have received if he had not been interdicted.

(3) An officer interdicted under subsection (1), and an officer interdicted under
subsection (2) who is charged with a disciplinary offence, shall receive such
proportion of the emoluments of his office, not being less than one-half, as the
Commissioner may direct.

(4) If the proceedings against such officer do not result in the imposition of
any punishment, he shall be entitled to the full amount of the emoluments which he
would have received if he had not been interdicted.

(5) If a punishment other than dismissal is imposed the officer may be paid
such proportion of the emoluments withheld as a result of his interdiction as the
Governor may direct, where the punishment is imposed by the Governor or, as the
Commissioner may direct, in every other case.

(6) An officer interdicted under subsection (1) or (2) may not, without the
permission of the Commissioner, leave Hong Kong while under interdiction.

13. Interdiction in the case of criminal proceedings

(1) If criminal proceedings have been, or are likely to be, instituted against any
member or an investigation is being undertaken into any conduct which may
amount to the commission of a criminal offence by a member, he may be interdicted
from duty and paid emoluments as follows

(a)if a senior officer, in accordance with Colonial Regulations and Hong
Kong Regulations;

(b)if a subordinate officer, in accordance with section 12 which shall
apply, with all necessary modifications, to an interdiction under this
paragraph.





(2) A subordinate officer who is found guilty of or pleads guilty to any criminal
offence which in the opinion of the Commissioner is serious enough to warrant his
dismissal shall not, as from that time when he is found or pleads guilty as aforesaid,
be paid any emoluments of his office pending the consideration of the case in
accordance with rules made under section 16.

14. Punishment of officer guilty of criminal offence

(1) If in criminal proceedings before any court a member is found guilty of or
pleads guilty to any criminal offence and any appeal or other application for review
of those proceedings is dismissed or abandoned or withdrawn, the member
concerned may be punished

(a)if a senior officer, in accordance with Colonial Regulations and Hong
Kong Regulations;

(b)if a subordinate officer, in the appropriate manner prescribed by rules
made under section 16.

(2) In section 13 and in subsection (1) of this section, 'criminal proceedings'
and 'criminal offence' include, respectively

(a) criminal proceedings in, and

(b) a criminal offence against the law of,
any place outside Hong Kong.

15. Saving in respect of Colonial Regulations

and Hong Kong Regulations

Nothing in this Part shall be construed to preclude

(a)the summary dismissal of any member in accordance with Colonial
Regulations and Hong Kong Regulations;

(b)the termination of the employment in accordance with Colonial
Regulations of any member on the grounds that, having regard to
the conditions of the public service, the usefulness of the member
thereto and all other circumstances of the case, such termination is
desirable in the public interest.

16. Disciplinary rules

(1) The Governor may make rules for all or any of the following matters

(a)the acts and omissions which shall be disciplinary offences on the
part of any member;

(b) the procedure to be followed where-

(i)a disciplinary offence is alleged to have been committed by any
subordinate officer;

(ii)a subordinate officer is found guilty of or pleads guilty to a
criminal offence as defined in section 14(2);





(c)the punishment of a subordinate officer for any disciplinary offence
or where he is found guilty of or pleads guilty to a criminal offence as
defined in section 14(2);

(d) the rights of appeal of a subordinate officer(i) found guilty of a
disciplinary offence; or (ii) punished, under rules made under this
section and the review by the Commissioner of findings made and
punishments awarded.

(2) Rules made under paragraph (d) of subsection (1) may authorize the
Governor to delegate to the Secretary for the Civil Service, or to a public officer not
below the rank of Secretary, the determination of an appeal referred to in that
paragraph.

(Part III replaced 46 of 1977 s. 7)

PART IIIA

GENERAL POWERS AND DUTIES OF
MEMBERS

17. When members to be deemed on duty

A member who is off duty shall be deemed to be on duty whenever he
encounters circumstances which would require him, if actually on duty, to act in
enforcing this Ordinance or any of the Ordinances specified in Schedule 2.

(Amended 66 of 1989 s. 5)

17A. General powers of arrest and search

(1) A member may, without warrant, stop and search and arrest any person
whom he may reasonably suspect of having committed an offence against this
Ordinance or an Ordinance specified in Schedule 2. (Amended 66 of 1989 s. 6)

(2) If any person resists, or attempts to evade, search or arrest by a member,
whether effected under this Ordinance or any other power, the member may use
such force as is reasonably necessary to effect the search or arrest. .

(3) Where a member has arrested any person the member may search for and
take possession of any thing found on his person or in or about the place at which
the person has been arrested and which the member may reasonably suspect is
related to or connected with the offence for which the person has been arrested or
may throw light on the character or activities of that person or any associate of his.

(4) A person may be searched only by a member who is of the same sex.





17B. Power to enter and search for suspects

(1) If a member reasonably believes that-

(a)a person whom he intends to arrest has entered into or is in any
premises; and

(b) in order to effect the arrest it is necessary to enter and search those premises, he
may request any person having apparent control of such premises or residing
therein to allow him and any person acting in his aid free entry thereto and to
take all reasonable measures to facilitate the search. (2) If

(a) paragraphs (a) and (b) of subsection (1) apply; and

(b)entry to the premises cannot be obtained under subsection (1); and

(c) the offence for which the member intends to effect the arrest is an
arrestable offence and a person having apparent control of the
premises or residing therein has been so informed if it is possible
and practicable in the circumstances to do so,
the member and any person acting in his aid may enter the premises and search
for the suspect.
(3) Any person having apparent control of premises referred to in
subsection (1) or residing therein shall, upon request by a member and being
informed that the offence for which the member intends to effect the arrest is an
arrestable offence, allow the member and any person acting in his aid free entry
thereto and take all reasonable steps to facilitate the search.
(4) A member, and any person acting in his aid, may break open any
outer or inner door or window of premises if it is necessary to do so in order to
enter or leave any premises which he is authorized to enter by virtue of this
section or any other enabling power.
(5) In this section-

'arrestable offence' means an ofrence for which the sentence is fixed by law or for
which a person may under or by virtue of any law be sentenced to
imprisonment for a term exceeding 12 months, and an attempt to commit any
such offence;

'premises' means any place on land, and any vehicle, vessel, train, tram or aircraft.

17BA. Search and examination without warrant

(1) A member may, for the purposes of enforcing this Ordinance or an
Ordinance specified in Schedule 2

(a)at any point of entry to or exit from Hong Kong or on any ship, other
than a ship of war, within the waters of Hong Kong,





request permission to examine the baggage and personal belongings
accompanying any person which is being imported into, or which is being
exported from, Hong Kong;

(b)at any point of entry to or exit from Hong Kong or on any ship, other than a
ship of war, within the waters of Hong Kong, examine

(i)any cargo, together with any manifest and supporting documents;

(ii)any article, other than a postal packet to which section 35 of the Import
and Export Ordinance (Cap. 60) applies; and

(iii)any unaccompanied baggage or unaccompanied personal belongings,

which is being imported into, or which is being exported from, Hong Kong;

(c)at any place where cargo is stored prior to being exported or after it has been
imported and prior to, or at the time of, its collection by the
consignee, examine such cargo, together with any manifest and supporting
documents; and

(d)stop and board any ship, aircraft, train or vehicle, other than a ship of war or
military aircraft, which has arrived in or is about to depart from Hong Kong
and search it and may remain on it as long as it remains in Hong Kong.

(2) For the purpose of effecting an examination of any thing under subsection (1)(a),
(b) or (c) which is unopened, a member may detain the thing until the owner, the person in
whose possession the thing is found or any other person claiming to be entitled to open it
for examination has opened it for examination.

(3) If the owner, the person in whose possession the thing is found or any other person
claiming to be entitled to open it for examination refuses to open it, or, having been given a
reasonable time to do so, fails to do so, a member not below the rank of inspector may order
that the thing be opened for examination and the member may then break open the thing for
examination.

(4) The owner, the person in whose possession the thing is found or any person
claiming to be entitled to open it for examination shall be given a reasonable opportunity
(having regard to the circumstances) to be present when the thing is opened for examination
under subsection (3).

(Added 66 of 1989 s. 7)

17BB, Inspection of travel documents

A member not below the rank of inspector may, in exercising any powers under this
Ordinance or any Ordinance specified in Schedule 2, at an entry point to or exit point from
Hong Kong or on any ship, other than a ship of





war, in the waters of Hong Kong, require any person who has arrived in or is about
to depart from Hong Kong to produce his travel document for inspection.

(Added 66 of 1989 s. 7)

17C. Action after arrest

(1) Subject to subsection (2), a member who arrests any person, whether under
this Ordinance or any other enabling power, may take him to an office of the
Customs and Excise Service for further inquiries and, subject thereto, shall take him
to a police station to be dealt with in accordance with the Police Force Ordinance
(Cap. 232).

(IA) A member who arrests a person may require the person to give his correct
name and to produce evidence of identity to the member. (Added66of 1989 s. 8)

(2) No person shall be detained for more than 48 hours from the time he is
arrested without being charged and brought before a magistrate.

17D. Saying of other powers

(1) The powers conferred upon a member by this Part are additional to those
conferred on him by any other law.

(Part IIIA added 46 of 1977 s. 8)

PART IIIB

OFFENCES, PENALTIES AND OTHER
ORDERS

(Amended 66 of 1989 s. 9)

17E. Making of false reports etc., to member

Any person who makes or gives or causes to be made or given to a member in
the performance of his duty any report, accusation, statement or information which
he knows to be false or misleading commits an offence.

17F. Assault etc. on a member

Any person who wilfully assaults, resists or obstructs any member acting in
the execution of his duty commits an offence.

17FA. Failure to give correct name

Any person who

(a) fails to give his correct name; or





(b) fails to produce evidence of his identity, to a member under section
17C(IA) when required after he is arrested commits an offence.

(Added 66 of 1989 s. 10)

17G. Unauthorized wearing of uniform

(1) Any person who, not being a member of the Customs and Excise
Service, knowingly wears the uniform of that Service or any dress ss having the
appearance or bearing any of the distinctive marks of such uniform, without the
permission of the Commissioner, commits an offence. (Amended 66 of 1989
S. 11)

(2) A court or magistrate may on the application of the Commissioner order a
person who has in his possession any uniform or dress referred to in subsection (1)
to surrender to the Commissioner the uniform or dress, whether or not that person
has been convicted of an offence under that subsection in relation to that uniform
or dress. (Added66of 1989 s. 11)

(3) In making an order under subsection (2) the court or magistrate may order
that, in default of compliance with the order within a specified time, the person shall
pay to the Government a sum of money determined by the court or magistrate as the
value of the uniform or dress, which sum shall be recoverable as a civil debt. (Added
66 of 1989 s. 11)

17H. Delivery of Government property
on ceasing to he a member

(1) Any person who, on ceasing to be a member of the Customs and Excise
Service, refuses or neglects forthwith to deliver up to a member authorized to
receive them his warrant card, uniform, arms and other accoutrements or
Government property which may be in his possession commits an offence.

(2) A court or magistrate may, on the application of the Commissioner, order a
person

(a)to surrender to the Commissioner any warrant card, uniform, arms
and other accoutrements or Government property referred to in
subsection (1); and

(b)to pay a sum determined by the court or magistrate as the value of
any warrant card, uniform, arms or other accoutrements or
Government property not returned to the Government on the
person's ceasing to be a member or pursuant to an order under
paragraph (a), which sum shall be recoverable as a civil debt,





whether or not any person has been convicted of an offence under subsection (1)
in relation to that warrant card, uniform, arms or other accoutrements or Government
property. (Added 66 of 1989s.12)

(3) A court or magistrate may on or after convicting a person of an offence
under this section order that the convicted person

(a)return any warrant card, uniform, arms or other accoutrements or
Government property which he may have in his possession to the
Commissioner; and

(b)pay the sum determined by the court or magistrate as the value of
any warrant card, uniform, arms or other accoutrements or
Government property which is not returned or, if any property is
returned in a damaged state, the sum so determined by the court or
magistrate as the amount of the damage to the property, which sum
shall be recoverable as a civil debt. (Added 66 of 1989s.12)

171. Penalties

Any person who commits an offence under section 17E, 17F, 17FA, 17G or 17H
is liable to a fine of $5,000 and to imprisonment for 6 months.

(Amended 66 of 1989 s. 13)
(Part IIIB added 46 of 1977 s. 8)

PART IV

WELFARE FUND

18. Establishment of fund

There shall be established a fund to be known as the 'Customs and Excise
Service Welfare Fund' which shall consist of- (Amended 46 of 1977s. 3)

(a) any donations and voluntary contributions thereto;

(b) such sums as may be voted by the Legislative Council;

(c)gifts of money required under paragraph 8(2)(c)(iii) of the
Acceptance of Advantages (Governor's Permission) Notice 1981
(Cap. 201 p. i) to be disposed of by being paid into the Customs and
Excise Service Welfare Fund; (Replaced 40 of 1985 s. 7. Amended 66
of 1989 s. 14)

(d)all fines imposed upon members for disciplinary offences. (Added46
of 1977 s. 9)





19. Control of Fund

The Customs and Excise Service Welfare Fund shall be controlled by the
Commissioner, subject to regulations made under section 22, and applied-
(a) (i) for the purpose of procuring comforts, convenience and
other benefits, which are not chargeable to public revenue,
for; and
(ii) in granting loans to,
members or former members who have retired on pension,
gratuity or other allowance or, where any member or any such
former member has died, any person who was wholly or partially
dependent on him at the time of his death; and
(b)in making grants to persons who were wholly or partially
dependent at the time of his death on a deceased member,, or a
deceased former member who had retired on pension, gratuity or
other allowance, and who are in need of financial assistance,
whether towards the payment of the funeral expenses of the
deceased member or deceased former member or otherwise.
(Replaced 36 of 1978 s. 2)

PART V

MISCELLANEOUS

20. Customs and Excise Service Orders

(1) The Commissioner may make orders called 'Customs and Excise
Service Standing Orders' not inconsistent with the provisions of-
(a) this Ordinance and any regulations made thereunder;
(b) the Stores Regulations of the Government;
(c)Colonial Regulations and Hong Kong Regulations, as modified
by this Ordinance and by regulations made thereunder.
(2) Such orders may prescribe or provide for-
(a)the control, direction and information of the Customs and Excise
Service;
(b) discipline;
(c) training;
(d) classifications and promotions;
(e) inspections, drills, exercises and parades;
(f) welfare;
(g) departmental finance;
(h) buildings, grounds, stores, furniture and equipment;
(i) services to be performed by members;





(j)the manner and form of reports, correspondence and other records;

(k)the performance of any act which may be necessary for the proper
carrying out of the provisions of this Ordinance or any regulations
made thereunder or of any other enactment or for the discharge of any
duty imposed by law on the Customs and Excise Service;

(l)such other matters as may be necessary or expedient for preventing
abuse or neglect of duty, for rendering the Customs and Excise
Service efficient in the discharge of its duties and for carrying out the
objects of this Ordinance.

(Amended 46 of 19 77 s. 3)

21. Protection of members and persons aiding them

(1) A member shall not be liable for damages for, or in consequence of, any act
done or omitted by him while he is exercising in good faith and in the course of his
duty any power conferred upon him by law.

(2) Any person may act in aid of a member who appears to be lawfully engaged
in the performance of his duty upon being requested by the members so to do and
without being bound to inquire whether or not the member is acting lawfully or
within the scope of his duty.

(3) A person acting in good faith in aid of a member under subsection (2) shall
not be liable for damages for or in consequence of any act which such first-
mentioned person does or omits while so doing.

(4) Nothing in subsection (1) shall affect any civil liabilty of the Crown for the
wrongful acts of its servants.

(Replaced 46 of 1977 s. 11)

22. Power to make regulations

The Governor in Council may by regulation provide for

(a)the administration of the Customs and Excise Service Welfare Fund;

(b)such other matters as may be necessary or expedient for rendering the
Customs and Excise Service efficient in the discharge of its duties;

(c)generally, for carrying into effect the provisions of this Ordinance.

(Amended 46 of 1977s. 3)

23. (Repealed 46of 1977s. 12)





24. Amendment of Schedule 1 or 2

The Governor may, by order published in the Gazette, amend Schedule 1 or 2.

(Added 14 of 1969 s. 4. Amended 46 of 1977s. 13)

25.Amendment of references to Preventive
Service in Ordinances and documents

Every reference in an Ordinance or in any document to the Preventive Service
or to the Preventive Service Ordinance or to the Preventive Service (Welfare Fund)
Regulations or to a member of or office in the Preventive Service shall, unless the
context otherwise requires, be read respectively as a reference to the Customs and
Excise Service or the Customs and Excise Service Ordinance or the Customs and
Excise Service (Welfare Fund) Regulations or a member of or office in the Customs
and Excise Service.

(46 of 1977 s. 18 incorporated)

26. Transitional

In any instrument, contract or legal proceedings made or commenced before
the commencement of the Customs and Excise Service (Amendment) Ordinance
1985 (40 of 1985), the title of Commissioner of Customs and Excise shall be
substituted for the Commissioner of the Customs and Excise Service.

(40 of 1985 s. 11 incorporated)

SCHEDULE 1 [ss. 2, 5 & 24]

OFFICES IN THE CUSTOMS AND ExcisE
SERVICE

PART I

Commissioner Deputy
Commissioner
Assistant
Commissioner

PART II

Senior Superintendent
Superintendent
Assistant
Superintendent

PART III

Senior Inspector
Inspector

PART IV

Chief Customs Officer
Senior Customs
Officer Customs
Officer

(Replaced 46 of 1977s. 14. Amended L.N. 203 of 1977)





SCHEDULE 2 [ss. 17 & 17A]

ORDINANCES REFERRED TO IN SECTIONS 17 AND 17A

Copyright Ordinance(Cap. 39) (Added L.N. 1 of 1974)

Import and Export Ordinance (Cap. 60)
Post Office Ordinance (Cap. 98)
Dutiable Commodities Ordinance (Cap. 109)
Agricultural Pesticides Ordinance(Cap. 133) (Added L.N. 143 of 1977)
Dangerous Drugs Ordinance (Cap. 134)
Antibiotics Ordinance (Cap. 137)
Pharmacy and Poisons Ordinance (Cap. 138)

Acetylating Substances (Control) Ordinance(Cap. 145) (Added L.N. 253 of 1975)
Marine Hawkers Ordinance (Cap. 160)

Animals and Plants (Protection of Endangered Species) Ordinance(Cap. 187) (Added L.N. 235 of
1976)
Plant (Importation and Pest Control) Ordinance(Cap. 207) (Added L.N. 117 of 1976)
Weapons Ordinance(Cap. 217) (Added L.N. 361 of 1981)
Firearms and Ammunition Ordinance(Cap. 238) (Replaced L.N. 361 of 1981)
Dangerous Goods Ordinance(Cap. 295) (Added L.N.] of 1974)
Reserved Commodities Ordinance(Cap. 296) (Added L.N. 73of 1983)
Trade Descriptions Ordinance(Cap. 362) (Replaced 39 of 1980s.37)
Control of Obscene and Indecent Articles Ordinance(Cap. 390) (Replaced L,N. 132 of1987)
Ozone Layer Protection Ordinance(Cap. 403) (Added 24 of 1989s. 19)

Drug Trafficking (Recovery of Proceeds) Ordinance(Cap. 405) 1989s. 33)

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