- (c) the person in charge of a vehicle; or
- (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 Preventive 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 until the contrary is proved, 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.
(4) Any copy of a licence or other document produced to the Director, an authorized officer or a member of the Preventive 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.
Onus of proof in court proceedings. 34. (1) In any proceedings under this Ordinance the onus of proving—
- (a) the place—
- (i) from which an article has been imported; or
- (ii) to which an article is intended to be exported; or
- (b) that an article—
- (i) has been imported in accordance with the terms of a licence;
- (ii) is intended to be exported in accordance with the terms of a licence;
- (iii) has been imported for the sole purpose of exporting the article;
- (iv) has been lawfully placed in or on any vessel, aircraft or vehicle for the purpose of exporting the article;
- (v) has been lawfully removed from any vessel, aircraft or vehicle in or on which it was imported;
- (vi) has been lawfully delivered to or placed in any premises or place after it has been imported; or
