Page:Import and Export Ordinance 1970 (Cap. 60).pdf/29

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shall lie upon the defendant in any such criminal proceedings and the claimant in any forfeiture proceedings.

(2) For the purposes of this section, the provisions of Part of hearsay evidence in civil proceedings) shall apply as if IIA of the Evidence Ordinance (which relates to the admissibility proceedings under this Ordinance were civil proceedings.

35. (1) The provisions of this Ordinance shall apply to any article contained in a postal packet.

(2) Notwithstanding the provisions of subsection (1), a postal packet contained in a sealed mail bag shall, if the mail bag is listed in the manifest of the vessel, aircraft or vehicle in or on which it is imported or exported, not be construed as cargo for the purposes of this Ordinance.

(3) Any authorized officer or any member of the Preventive Service may, in the presence of and under the directions of an officer of the Post Office, open and examine any postal packet held in the custody of the Post Office.

(4) For the purposes of this section, the terms “mail bag”,“Post Office”, “officer of the Post Office” and “postal packet” shall have the meanings assigned to such terms, respectively. under section 2 of the Post Office Ordinance.

36. (1) Any person who, in respect of-
 * (a) an application for the issue of a licence;
 * (b) an application for registration under this Ordinance; or
 * (c) any declaration, document or article required to be lodged with the Director, an authorized officer or member of the Preventive Service pursuant to the provisions of this Ordinance,

makes any statement or furnishes any information orally or in writing which is false or misleading in a material particular or omits any material particular shall be guilty of an offence and shall be liable on conviction to a fine of fifty thousand dollars and to imprisonment for one year, unless he satisfies the court or magistrate that he did not know and had no reason to believe the statement or information to be false or misleading or the omission to be material.

(2) Any person who, without the authority of the Director, alters a licence shall be guilty of an offence and shall be liable