Import and Export Ordinance

(1)
Any person who constructs a vessel of less than 250 gross tons for the purpose of smuggling is guilty of an offence and
liable—
(a)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years;
(b)
on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years.
(Amended
1 of 1994 s. 7
)
(2)
Any person who repairs or maintains a vessel of less than 250 gross tons constructed for the purpose of smuggling is guilty of an offence and
liable—
(a)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years;
(b)
on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years.
(Amended
1 of 1994 s. 7
)
(3)
Any person found on board a vessel of less than 250 gross tons knowing that the vessel is being used for the purpose of smuggling is guilty of an offence and
liable—
(a)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years;
(b)
on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years.
(Amended
1 of 1994 s. 7
)
(4)
The master or other person in charge of a vessel of less than 250 gross tons used for the purpose of smuggling is guilty of an offence and
liable—
(a)
on summary conviction to a fine of $500,000 and to imprisonment for 2 years;
(b)
on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years.
(Amended
1 of 1994 s. 7
)
(5)
Any vessel of less than of 250 gross tons that is under construction for the purpose of smuggling is deemed to be a vessel constructed or used for the purpose of smuggling.
(6)
In
                subsections
                (1), (2), (3), (4) and (5),
where—
(a)
the Commissioner, and authorized officer or any member of the Customs and
                    Excise Service reasonably suspects that a vessel has been used or is intended to
                    be used for the purpose of smuggling; and
(b)
it is a vessel that
has—
(i)
any false bulkhead, bow, side or bottom;
(ii)
any secret or disguised place adapted for the purpose of concealing any
                        article;
(iii)
any hole, pipe or other device adapted for the purpose of
                        smuggling;
(iv)
a facility to mount one or more than one outboard engine where the
                        total power of the engine or engines could exceed 168 kilowatts;
(Replaced
16 of 2009 s. 3
)
(v)
fuel tanks or other on board fuel capacity exceeding 817 litres, such
                        tanks or other capacity holding or suitable for holding fuel for outboard
                        motors; or
(vi)
metal plating fitted on the hull of the vessel that could be used for
                        ramming other vessels or for armour protection,
the vessel, or vessel under construction, shall be presumed to have been
                under construction, constructed or used for the purpose of smuggling in the absence
                of evidence to the contrary.
(7)
It shall be a defence to a charge under subsection (4) for the master or other person in charge of a vessel to prove that he did not know and could not with reasonable diligence have known that the vessel was used for smuggling.