THE HONG KONG GOVERNMENT GAZETTE, APRIL 8, 1932.
(b) limited, so as to embrace only a portion of those
powers; or
(c) particular, for a particular occasion.
Lion for
32. If any search made under this Ordinance is unsuc- Compensa- cessful and there is no reason to suppose that any opium unsuccessful liable to forfeiture under this Ordinance has been thrown search to be
paid by away or otherwise disposed of in order to avoid detection, the Superin- Superintendent shall make good any damage caused thereby. tendent. No action shall be maintainable in respect of any such damage. In the event of any dispute as to the fact or amount of any damage, the dispute shall in every case be decided by the Superintendent or by some person nominated by him for that purpose.
Miscellaneous,
seizure not
33. In any proceedings before a magistrate or on appeal Manner of to the Supreme Court relating to the seizure of any opium, to be implements, or other articles, the seizure whereof is authorised inquired into. by any of the provisions of this Ordinance, it shall be lawful for such magistrate and for the judges, 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.
tion of
34. (1) Except as hereinafter mentioned, no informa- Rules as to
secrecy of tion laid under this Ordinance shall be admitted in evidence in information any civil or criminal proceeding, and no witness shall be and protec- obliged to disclose the name or address of any informer or to informers. state any matter which might lead to his discovery, and if any books, documents or papers which are 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 magistrate 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 magistrate for any offence against any provision of this Ordinance, the magis- trate, after full inquiry into the case, believes that the informer wilfully made in his 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 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.
may permit
35.-(1) Whenever two or more persons are charged Magistrate with any offence against this Ordinance, the magistrate may accused permit any of them to give evidence for the prosecution. persons
to give evidence for prosecution in certain
cases.
assisting
(2) Every person so permitted to give evidence, who shall Accused in the opinion of the magistrate make true and full discovery persons thus of all things as to which he is lawfully examined, shall be prosecution entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full
to obtain indemnity
from prose-
cution.
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