Cap. 60activeordinance

Import and Export Ordinance

進出口條例

Full legislation

s.33

Evidentiary provisions

(1)
In any proceedings under this Ordinance it shall, in the absence of evidence to the contrary, be presumed that any cargo recorded in an import manifest furnished
by—
(Amended
1 of 1994 s. 17
)
(a)
the master of a vessel;
(b)
the commander of an aircraft;
(c)
the person in charge of a vehicle (other than a train) and for cargo carried by train, the handling agent in Hong Kong for the cargo; or
(Amended
62 of 1993 s. 14
)
(d)
the owner of such vessel, aircraft or vehicle,
has been imported in or on such vessel, aircraft or vehicle.
(2)
In any proceedings under this Ordinance it shall, in the absence of evidence to the contrary, be presumed that any cargo recorded in an export manifest furnished
by—
(Amended
1 of 1994 s. 17
)
(a)
the master of a vessel;
(b)
the commander of an aircraft;
(c)
the person in charge of a vehicle (other than a train) and for cargo carried by train, the handling agent in Hong Kong for the cargo; or
(Amended
62 of 1993 s. 14
)
(d)
the owner of such vessel, aircraft or vehicle,
at any time before or after the departure from Hong Kong of the vessel, aircraft or vehicle, has been exported, or is intended to be exported, in or on such vessel, aircraft or vehicle.
(3)
Any copy of an import manifest or an export manifest produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the import manifest or export manifest of which it is a copy in any proceedings under this Ordinance; and the cargo referred to in the copy of such manifest shall be presumed in the absence of evidence to the contrary, to have been imported or exported as the case may be in or on the vessel, aircraft or vehicle to which the copy of the manifest relates.
(Amended
1 of 1994 s. 17
)
(4)
Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Customs and Excise Service under any provision of this Ordinance shall be admissible as evidence of the contents of the licence or other document of which it is a copy in any proceedings under this Ordinance before a court or magistrate.