THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 10, 1909.
spirits or other articles subject to forfeiture under this Or- dinance or under the rules made thereunder or as to which an offence has been committed or is about to be committed against any of the provisions of this Ordinance or the rules made thereunder such Justice may by his warrant directed to any European police officer or any other police officer not below the rank of sergeant or any European revenue officer empower such officer by day or by night :-
(a.) to enter such dwelling house shop or other building or place or to go on board such ship and there to search for and take possession of any such intoxicating liquors denatured spirits or other articles in such place or ship and (b.) to arrest any person or persons being in such dwelling house shop or other building or place or ship in whose possession such intoxicating liquors denatured spirits or other articles may be found or whom such officer may reasonably suspect to have concealed or deposited such intoxicating liquors devatured spirits or other articles.
(2.) Such officer may if it is necessary to do so,—
(a) break open any outer or inner door of such dwelling house shop or other building or place and enter thereinto;
(b.) forcibly enter such place and every part there-
of ;
(c.) remove by force any obstruction to such entry search seizure and removal as he is empowered to effect;
(d.) detain every person found in such place or ou board such ship until such place or ship has been searched.
36. If any search male without warrant under this If an un- Ordinance be unsuccessful and there be no reason to sup- successful pose that any intoxicating liquors denatured spirits or other search male articles liable to forfeiture under this Ordinance have compensa- been thrown away or otherwise disposed of in order to
tion to be avoid detection the Superintendent shall repack or cause to
paid. be repacked any goods unpacked during such search and shall make good any damage caused thereby. In the event of any dispute.as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising such amount shall be ascertained by a Magistrate and the Superintendent shall pay such amount so ascertained im- mediately upon production by the aggrieved person of a certificate thereof under the hand of the Magistrate.
PART VII.
Provisions as to Trials and Proceedings.
37. All convictions and fines and penalties under this Recovery of Ordinance or any rule made thereunder may be had and fines and for- recovered in a summary way before a Magistrate.
feitures,
38.-(1.) The Magistrate may adjudicate any portion Adjudication of a fine under this Ordinance to the informer.
of fine and disposal of
(2.) All articles seized and forfeited under this Ordinance forfeited shall be sold or if unsaleable be destroyed or otherwise dis- articles. posed of by the Superintendent. The proceeds of any such sale shall be paid into the Treasury as part of the general revenue of the Colony,
into by
39. On any trial before any Magistrate and in any Manner of proceedings on appeal in the Supreme Court relating in seizure not any of the above cases to the seizure of articles subject to be to restriction under this Ordinance it shall be lawful for enquired such Magistrate or Court and such Magistrate or Court is Court. hereby required to proceed to such trials and to the hearing of such appeals on the merits of the case only without reference to matters of form and without enquiring into the manner or form of making any seizure excepting in so far > as the manner or form of seizure may be evidence on such
merits.
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