THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 17, 1909.
33. On any trial before any Magistrate and in any Manner of proceedings ou 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
into by 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.
39. Every requisition received and a copy of every per- Extracts mit issued by the Superintendent shall be entered in from the Superintendent's office in a book or books and the register of
requisitious production of any extracts from the said hooks or of any and permits certificate as to requisitions for and grants of permits to be certified or purporting to be certified under the hand of the evidence. Superintendent shall on the trial of any person charged with an offence under this Ordinance be proof of the facts set out in the said extracts and certificates till the contrary be shown by or for the person so charged and the absence of requisitions and of copies of permits from the said books shall be proof till the contrary is shown in like manner that application has not been made for the permit required and that the permit has not been issued.
40. At the hearing of any charge under this Ordin- Certificate auce the production of the certifiente of the Govern- of Govern- ment Analyst shall be sufficient evideurs of the facts ment therein stated, unless the defendant requires that the be sufficient
Analyst to Analyst should be called as a witness, but if the defendant evidence. shall require the Analyst to be called the Magistrate may order him in addition to any other penalty to pay a fee of $25 for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable, and to be paid into the Treasury.
41. The Magistrate hearing any charge under this Magistrate Ordinance may employ an analyst or other skilled person may employ to report on any technical poini, and may order the pay to report on
an analyst ment of the fee of such analyst by the defendant in addi- technical tion to any other penalty, and Such fee shall be recoverable points. in the same way as a penalty imposed under this Ordinance is recoverable.
and order'
42. It shall be lawful for the Governor to suspend or Governor stop any prosecution or proceeding instituted or proposed may stop to be instituted under this Ordinance and to direct the proceedings refund of the whole or any part of any fine or penalty and restitution of the restoration of the whole or any portion of any articles articles for- ordered to be forfeited to any person from whom the same feited. may have been taken.
or
43. Except as hereinafter mentioned no information laid Protection of under this Ordinance shall be admitted in evidence in any informers civil or criminal proceeding whatsoever and no witness from dis- shall be obliged or permitted to disclose the name covery. address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover it any books dienments or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further. But if on the trial of any offence under this Ordinance the Magistate after full enquiry into the case believes that the informer wilfully made in bis information a material statement which he knew or believed to be false or did not believe to be true or if in any other proceeding the Magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer it shall be lawful for the Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
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