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THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.
Accused may tender himself for *examination.
Notice of actions.
Malice to be alleged.
Costs.
Importing or being con- cerned in
the importa- tion of in- toxicating liquors or denatured spirits.
legal proceedings against him in respect of all such things as aforesaid.
(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.
84.--(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 :--
(4.) 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 defendaut unless the Court before whom the action is tried shall certify its approbation of the action.
85. Every person who shall import or aid abet procure or be interested or concerned in or knowingly derive any profit from the importation of any intoxicating liquors or denatured spirits contrary to the provisions of this Ordin- ance shall be guilty of an offence against this Ordinance.
Being in 86. Every person who shall contrary to the provisions possession of of this Ordinance receive into or have in his possession intoxicating custody or control auy intoxicating liquors on which the liquors on
duty leviable by law shall not be proved to have been paid which duty has not been or which have been illegally imported made or prepared paid or of shall be guilty of an offence against this Ordinance. intoxicating Provided that no person shall be convicted under this section if he proves to the satisfaction of the Court before which he is tried that he had good and sufficient reason to believe that such duty had been paid or that such in- toxicating liquors had been legally imported or legally manufactured.
liquors illegally imported inade or prepared.
Making false requisition, return, etc.
Penalty for obstracting
revenue officer.
Other
penalties.
87. 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 thereunder shall if such requisition particulars return account or written statement be false or incorrect either in whole or in part to the knowledge of the person so making delivering or supplying the same whether the same be sigued by him or not be guilty of an offence against this Ordinance.
88. Every person who assaults resists or wilfully obstructs any revenue officer in the execution of his duty shall be liable in the discretion of the Magistrate to a penalty not exceeding two hundred and fifty dollars or to imprisonment with or without hard labour for one year.
89. Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of this Ordinance or of any regulation made thereunder or permit granted or Order-in-Council issued thereunder and any refusal to permit or obstruction of any act commanded by this Ordinance and any breach on the part of a licensed person of the terms or conditions of his licence or recognisance shall be deemed to be an offence against this Ordinance and for every such offence not otherwise specially provided for the offender shall in addi- tion to the forfeiture (if any) of the article seized as here- inafter provided be liable to the following penalties :-