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THE HONGKONG GOVERNMENT GAZETTE, JUNE 4, 1910.
Warrant improperly obtained.
Procedure relating to case of seizure of poison.
Rule as to information and
informers.
Amendment of section 3 of the Principal Ordinance.
Amendment
of section 4
of the
Principal Ordinance.
Amendment
of section 6
of the
Principal Ordinance.
complaint a penalty not exceeding that which the defend- ant would have incurred if he had been convicted on such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said per- son may have likewise incurred in respect of his said chargo or complaint or of his evidence in support thereof.
10. Over and above all other liabilities and penalties to which any person may become or be subject in respect of bis suing out obtaining issuing or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable, on summary conviction before a Magistrate, to the following penalties:-
(a.) for every first offence a penalty not exceeding five hundred dollars or imprisonment, with or without hard labour, for any term not exceeding three months; and
(b) for every subsequent offence a penalty not ex- cceding one thousand dollars or imprisonment, with or without hard labour, for any term not exceeding six months.
11. In any proceedings before a Magistrate or on appeal before the Supreme Court relating to the seizure of any poison the seizure whereof is authorized by any of the provisions of this Ordinance it shall be lawful for such Magistrate and for the Judges of the said Court and they are hereby respectively required to proceed in such cases on the merits only without reference to matters of form and without inquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.
12.-(1.) Except as hereinafter mentioned, no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding, and no witness shall be obliged to disclose the name or address of any informer or to state any matter which might lead to his discovery, and if any books documents or papers which arc in evidence or liable to inspection in any civil or criminal proceeding contain any entry in which any such informer is named or described or which might lead to his discovery, the Court or Magis- trate 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.
(2.) But if in any proceedings before a Magistrato for any offence against any provision of this Ordinanco the Magistrate after full inquiry into the case believes that the informer wilfully made in his information a material state- ment which he knew or believed to be false or did not believe to be true or if in any other proceeding the Court or 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 Court or Magistrate to require the production of the original information and to permit inquiry and require full disclosure concerning the
informer.
13. Section 3 of the Principal Ordinance is hereby amended by the insertion in the seventh and cleventh lines respectively after the words "Pharmacy Act 1868" of the words "or a duly registered Pharmaceutical Chemist within the meaning of the Pharmacy Act (Ireland) 1875”.
14. Section 4 of the Principal Ordinance is hereby amended as follows :-
(a.) In line 6 by the insertion after the words "Pharmacy Act 1868" of the words "or the Pharmacy Act (Ireland) 1875”.
(b.) In line 12 by the substitution of the word
Acts" for "Act".
15. Section 6 of the Principal Ordinance is hereby amended as follows -
(1.) By the insertion after paragraph (g) of the
following paragraph :—
"(h.) The regulation of the sale, possession, importation and exportation of poison."