s.14Prohibition of importation of certain goods
14
Section 14Part 0 —

Prohibition of importation of certain goods

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In order to make further provision for prohibiting the importation of goods which, if sold, or the exportation of goods prohibited to be exported which, if shipped, put off or water-borne to be shipped, would be liable to forfeiture —
all goods which, if sold, would be liable to forfeiture under this Law, and also all goods not manufactured within the Islands, bearing any trade mark recorded under the Patents and Trade Marks Law (1995 Revision) as the trade mark of any manufacturer, dealer or trader in the Islands, unless such trade mark is accompanied by a definite indication of the country in which the goods were made or produced, are hereby prohibited to be imported into the Islands and, subject to this section, shall be included among goods prohibited to be imported as if they were specified in section 10 of the Customs Law (1997 Revision);
all agricultural produce, the exportation of which is or shall be prohibited under or by virtue of any law relating to the protection of produce, or under or by virtue of any order made under any such law, shall be subject to this section;
before detaining any such goods, as hereinbefore mentioned, or taking any further proceedings with a view to the forfeiture thereof under the law relating to the Customs, the Collector of Customs may require the regulations under this section, whether as to information, security, conditions or other matters, to be complied with, and may satisfy himself in accordance with those regulations, that the goods are such as are prohibited to be imported or exported as the case may be;
the Governor in Council may, from time to time, make, revoke and vary regulations either general or special, respecting the detention and forfeiture of goods, the importation or exportation of which is prohibited, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may, by such regulations, determine the information, notices and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence;
where there is on any goods a name which is identical with or a colourable imitation of the name of a place in the Islands, that name unless accompanied by the name of the country in which such place is situate, shall be treated for the purposes of this section as if it were the name of a place in the Islands;
such regulations may apply to all goods the importation or exportation of which is prohibited, or different regulations may be made respecting different classes of such goods, or of offences in relation to such goods;
the Collector of Customs, in administering the regulations and generally in the administration of this section, whether in the exercise of any discretion or opinion or otherwise, shall act under the control of the Financial Secretary; and
the regulations may provide for the informant reimbursing the Collector of Customs all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention.
Where any goods which, if sold, would be liable to forfeiture under this Law, are imported into the Islands, and the goods bear any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer or trader in the Islands, and the Collector of Customs is, upon representations made to him, satisfied that the use of the name or trade mark is fraudulent, he may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods, and to furnish information as to the name and address of the person by whom the goods were consigned to the Islands, and the name and address of the person to whom the goods were sent in the Islands; and, if the importer or his agent fails within fourteen days to comply with any such requirement, he shall, for each offence, forfeit the sum of one thousand dollars.
Any information obtained from the importer of the goods or his agent under subsection (2), or from any other source, may be communicated by the Collector of Customs to any person whose name or trade mark is alleged to have been used or infringed.
This section shall have effect as if it were part of the Customs Law (1997 Revision).

Cross References