CUSTOMS (AMENDMENT) BILL

Order for Second Reading read.

4.19 p.m.

The Acting Financial Secretary (Mr Oon Khye Kiang): Sir, I beg to move, "That the Bill be now read a Second time."

It is proposed to introduce a number of amendments to the Customs Ordinance which have been found necessary in the light of further experience of the working of the Ordinance.

With reference to clause 2, it has been argued in the Lower Court that if, for any reason, the Comptroller will not accept duty on any particular consignment of dutiable goods, they will then cease to be dutiable as they are not then subject to the payment of duty. This argument is fallacious and it is proposed to revise the definition of "dutiable goods" in section 3 of the Ordinance to make the meaning perfectly clear. The definition of "local craft" will also be revised to ensure that it covers all types of marine craft of less than 75 tons and particularly those being used by tobacco smugglers. The opportunity is taken to remove an ambiguity in subsection (2).

With reference to clause 3, doubts have been expressed as to the legality for charging duty under section 11 of the Customs Ordinance. It is proposed to amend it so as to remove doubts as to the liability for payment of duty. This liability was imposed in express terms in the Tobacco Duties, Petroleum Revenue and Liquors Revenue Ordinances, but when these three Ordinances were consolidated into the Customs Ordinance, this liability was imposed in language which has given rise to the present doubts. It is proposed that express provision should be made for the imposition of duty in terms similar to those used in these former Ordinances to remove all doubts by relating it back to the date on which the Customs Ordinance came into operation.

As a matter of administrative convenience, it is considered that the Comptroller should be able to collect the heavy oil tax at staggered dates throughout the year at the same time and for the same periods as the Registrar of Vehicles collects motor vehicle licence fees. Clause 4 proposes to amend section 16 of the Customs Ordinance to give the Comptroller power to do so.

It is proposed to amend in clauses 5 and 6 sections 32 and 35 of the Customs Ordinance to enable aircraft arriving in the Colony to be dealt with in the same way as vessels in respect of dutiable stores.

Some difficulties have been experienced in dealing with goods liable to forfeiture in the Courts, and it is therefore proposed:

(i) to amend in clause 7 of section 98 of the Ordinance to make it unnecessary for a summons to be issued to a person from whom goods have been seized, if his identity is unknown.

(ii) to provide in clause 8 for the forfeiture of prohibited goods, though the offences in respect of such goods have been compounded under section 100 of the Ordinance.

For the better administration of the Ordinance, it is proposed in clause 9 to provide for a penalty for the storage, keeping or possession of dutiable goods other than under customs control, and to extend the presumption under subsection (2) of section 104 of the Ordinance to cover the cases of persons attempting or abetting offences under the section.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole Assembly.

Assembly immediately resolved itself into a Committee on the Bill. [Mr Oon Khye Kiang.]

Bill considered in Committee.

[Mr SPEAKER in the Chair]

4.24 p.m.

Clause 1-

Mr Oon Khye Kiang: Sir, I move,

In page 1, line 9, to leave out "23rd day of November, 1955" and insert "1st day of April, 1956".

This amendment, Sir, seeks to rectify an error which has been committed through an oversight.

Amendment agreed to.

Clause 1, as amended, ordered to stand part of the Bill.

Clauses 2 to 4 inclusive ordered to stand part of the Bill.

Clause 5-

Mr Oon Khye Kiang: Mr Chairman, I would like to draw your attention to a typographical error in line 40. The word "Customs" should read "customs".

The Chairman: That will be noted.

Clause 5 ordered to stand part of the Bill.

Clauses 6 to 9 inclusive ordered to stand part of the Bill.

Bill reported with an amendment; read the Third time and passed.