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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 17, 1909.
Examination of accused persous.
44.-1.) Whenever two OF more persons shall be charged with any offence against this Ordinance the Magistrate may permit one Or more of them to give evidence as a witness or witnesses for the prosecution.
Indenmity if (2.) Every person so permitted to give evidence who true and full shall in the opinion of the Magistrate make true and discovery
full discovery of all things as to which he is lawfully made.
examined shall be entitled to receive a certificate of indem- nity under the hand of the Magistrate stating that he has made a true and full discovery of all things as to which he was examined and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.
Accused may tender himself for examination.
Notice of actions.
Malice to be alleged.
Costs.
(3.) Provided always that any person charged with an offence against this Ordinance may if he thinks fit tender himself to be examined on his own behalf and thereupon may give evidence in the same manner and with the like effect and consequences as any other witness,
45.-(1.) No action shall be brought against any person for any thing done or bonâ fide intended to be done in the exercise or supposed exercise of the powers given by this Ordinance or by any rules made thereunder :—
(a.) without giving to such person one month's previous notice in writing of the intended action and of the cause thereof;
(b.) after the expiration of three months from the date of the accrual of the cause of action;
(c.) after tender of sufficient amends.
(2.) In every action so brought it shall be expressly - alleged that the defendant acted maliciously and without reasonable or probable cause and if at the trial the plaintiff shall fail to prove such allegation judgment shall be given for the defendant,
(3.) Though judgment shall be given for the plaintiff in any such action such plaintiff shall not have costs against the defendant unless the Court before whom the action is tried shall certify its approbation of the action.
Importing or being con-
cerned in
PART VIII.
Offences.
46. Every person who shall import or aid abet proeure or be interested or concerned in or knowingly derive any profit from the importation of any intoxicating liquors or dena- the importa- tured spirits contrary to the provisions of this Ordinance
shall be guilty of an offence against this Ordinance,
tion of in- toxicating liquors or denatured spirits.
Being in
47. Every person who shall contrary to the provisions of possession of this Ordinance receive into or have in his possession intoxicating custody or control any intoxicating liquors on which the liquors ou which duty
duty leviable by law shall not be proved to have been paid has not been or which have been illegally imported made or prepared paid or of in- shall be guilty of an offence against this Ordinance. toxicating
Provided that no person shall be convicted under this liquors illegally im-
section if he proves to the satisfaction of the Court before ported made which he is tried that he had good and sufficient reason to or prepared. believe that such duty had been paid or that such in- toxicating liquors had been legally imported or legally
Making false requisition, retum, etc.
manufactured.
48. Every person who shall under the provisions of this Ordinance deliver any requisition or supply any particulars returns or account or other written statement required by this Ordinance or by any regulation made theremuder shall if such requisition particulars return account or written statement be false or incorrect either in whole or in pact to the knowledge of the person so making delivering of or supplying the same whether the same be signed by him or not be guilty of an offence against this Ordinance,
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