【法规名称】
【法规编号】 61618 什么是编号？
【正 文】
第2页 CAP 81 PORT CONTROL (CARGO WORKING AREAS) ORDINANCE
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[接上页] (5) The Director shall- (a) on receipt of a claim in accordance with subsection (4); and (b) on payment to him of the prescribed fees and the costs, if any, of removal and storage within the period referred to in that subsection,release the cargo or cargo container to the claimant. (6) Where in respect of any cargo or cargo container seized under subsection (1)- (a) no claim is made in accordance with subsection (4); or (b) the prescribed fees and the costs, if any, of removal and storage are not paid within the period referred to in that subsection,the Director may cause such cargo or cargo container to be sold or otherwise disposed of in such manner as he thinks fit and the proceeds, if any, of such sale or disposal, after deduction of the prescribed fees and the costs, if any, of removal and storage, and of the sale or disposal, shall be paid into the general revenue of Hong Kong at the expiry of 3 months from the date of such sale or disposal if not previously claimed by the owner of the cargo or cargo container. (7) No action in respect of any damage to property shall lie against the Director or any other officer performing or exercising any function, duty or power under this section. (8) Any person who interferes with or removes any cargo or cargo container seized under subsection (1), unless authorized or directed to do so by the Director, commits an offence and is liable to a fine of $20000 and to imprisonment for 1 year. (Replaced 56 of 1982 s.4) Cap 81 s 5A Obligation to give certain information in respect of offences (1) Where the person in charge of a vessel or the driver of a vehicle is suspected of having committed an offence under this Ordinance, any person (including the owner of the vessel or vehicle, and the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence) shall, on demand made by the Director or a supervisor within 3 months after the date of the alleged offence, give to the Director or a supervisor in the manner prescribed in this section the name and address of the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence. (2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person to whom it is made. (3) Where a demand under subsection (1) is made orally to any person he shall- (a) if he was the person in charge of the vessel or driver of the vehicle at the time of the alleged offence, give immediately his name and address; or (b) if he was not the person in charge of the vessel or driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to the Director or to a specified supervisor either orally or in writing within 21 days after the date of the demand.(4) A notice served under subsection (2) shall require the person to whom it is addressed- (a) to furnish to the Director, within 21 days after the date of the notice, a written statement, in such form as may be specified in the notice, giving the name and address of the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence; and (b) to sign the statement.(5) Subject to subsection (6), any person who contravenes subsection (1) commits an offence and is liable to a fine of $5000 and to imprisonment for 3 months. (6) In proceedings for an offence under subsection (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address of the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the alleged offence. (7) In this section- "alleged offence" (指控罪行) means the suspected offence referred to in subsection (1); "supervisor" (主管) means a person appointed under regulations made under this Ordinance to be a supervisor at a public cargo working area or public water-front. (Added 56 of 1982 s. 4) Cap 81 s 5B Proof in summary proceedings of identity of driver If, in any summary proceedings for an offence under this Ordinance, there is produced to the magistrate a statement which- (a) purports to have been signed by the accused person; (b) was furnished in accordance with a notice served on him under section 5A(2); and (c) states that the accused person was the person in charge of the vessel or driver of the vehicle, as the case may be, at the time of the offence,the magistrate shall admit the statement as prima facie evidence that the accused person was the person in charge of the vessel or driver of the vehicle at the time of the offence. (Added 56 of 1982 s.4) Cap 81 s 5C Copies of notices admissible as evidence (1) Where under this Ordinance a notice is required to be affixed to any cargo or cargo container or displayed in any place, a document purporting to be a copy of such notice, signed and certified as a true copy by the Director or by any person authorized by him, in writing, in that behalf, shall be admissible in any criminal or civil proceedings before any court or magistrate on its production without further proof as evidence of the original notice and, until the contrary is proved, the court or magistrate shall presume that- |
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