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Unwrought Precious Metals


Published: 1944-09-29

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ARRANGEMENT OF SECTIONS

 

SECTION

 

1.        Short title

2.        Interpretation

3.        Unlawful possession of unwrought precious metal

4.        Return of unwrought precious metal to owner, etc.

5.        Declaration of metals as precious metals

6.        Regulations

 

Proc. 41, 1944,
Cap. 97, 1948,
Cap. 123, 1959,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 11, 1999.

An Act to make provisions for the control of dealings in unwrought precious metals.

[Date of Commencement: 29th September, 1944]

 

1.       Short title

 

            This Act may be cited as the Unwrought Precious Metals Act.

 

2.       Interpretation

 

            In this Act, unless the context otherwise requires-

            "mining right" means any right to work precious metals granted or acquired either directly or indirectly;

            "precious metal" means gold and silver and their ores, and any other metal declared as a precious metal under section 6;

            "unwrought precious metal" includes any precious metal in any form whatsoever which, though smelted, is not manufactured or made up into any article of commerce, and includes also amalgam, slimes, slags, black sands, pots, battery chips, sweepings of reduction works and scrapings and by-products of unrefined precious metals.

 

3.       Unlawful possession of unwrought precious metal

 

            (1) No person shall have in his possession any unwrought precious metal unless-

     (a)     such unwrought precious metal has been won by him or his servants or agents acting on his behalf from ground held by him under any mining right, or on which he is lawfully entitled to prospect;

     (b)     he is in possession of such unwrought precious metal in fulfilment of a contract of service with a person mentioned in paragraph (a); or

     (c)     he is a jewellery manufacturer or a jewellery repairer, or otherwise deals in precious metals and holds a permit issued by the Minister responsible for minerals, energy and water affairs (hereinafter referred to as "the Minister") authorising him to have in his possession unwrought precious metals lawfully obtained for the purpose of manufacturing jewellery or repairing jewellery.

             (2) Any person who has in his possession any unwrought precious metal, unless-

     (a)     he is a person excepted under subsection (1); or

     (b)     he is able to satisfy the court that he came into possession of such metal in a lawful manner,

shall be guilty of an offence and liable to a fine not exceeding P5 000 or to imprisonment for a term not exceeding one year, or to both, and in the case of a second or subsequent conviction, to a fine not exceeding P10 000 or to imprisonment for a term not exceeding two years, or to both.

 

4.       Return of unwrought precious metal to owner, etc.

 

            On the conviction of any person of an offence under this Act, it shall be in the discretion of the court which passes sentence to order any unwrought precious metal in respect of which such conviction has been obtained to be delivered up to the owner thereof, if the court be satisfied of the ownership, or, if not so satisfied, to order the said metal to be forfeited to the State.

 

5.       Declaration of metals as precious metals

 

            The Minister may, by order, declare such metal as he deems fit to be precious metal for the purposes of this Act.

 

6.       Regulations

 

            The Minister may make regulations for the carrying out of or for giving effect to the provisions of this Act.