Meaning of "oath "afidavit
and swear
Use of Chinese ex- pressious in Ordinances.
E
31. In all Ordinances, unless the contrary intention appear, the words "oath and affidavit "incinde, in the cuses of persons allowed or required by law to declare or to solemnly affirm instead of swearing, "declaration" and "solemn affirmation" and "swear", in the like cases, includes declare" and "solemnly affirm ".
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32. Where in any enactment Chinese words or terms are used, or where English words are used, followed, in brackets or otherwise, by Chinese words or terms whether in Chinese characters or not, the Chinese words or terms shall be held to be included in the cuactment, and the menning and construction thereof shall be in accordance with Chinese language and custom.
Meaning of 33. Where the words "or", "other", and "otherwise” other" are used, they shall, unless the contrary intention appear. "otherwise "*. be construed disjunctively and not as implying similarity,
Burden of
unless the word "similar", or some other word of like meaning, is added.
Nothing in this section shall be taken to affect section 11 of the Penalties Amendment Ordinance, 1911.
34. Where the offence with which any person is proof where charged is :-
acts done
without law- ful excuse.
Meaning of
in
** person Criminal Ordinances.
Rules as to gender and number.
Effect of notices in Gazette.
Application of fees, fines and forfeiture.
(a.) the doing of any act; or
(b.) the omission to do any act,
without lawful authority or purpose or reasonable excuse, the proof of such authority, purpose or excuse shall lie on the person charged.
35. In the construction of every Ordinance relating to an offence punishable on indictment or on summary couvie- tion, the expression "person shall, unless the contrary intention appear, include a body corporate.
36. In all enactments, miles the contrary intention appear, words importing the masculine gender shall include females, and words in the singular shall include the plural, and words in the plural shall include the singular.
37. Where any notice, order, or other document is re- quired by any Ordinance to be published in the Gazette, or where any document is published in the Gazette under section 26 (8) of the Evidence Ordinance, 1889, a copy of the Gazette in which it is so published shall be primá facie evidence of the facts stated in such notice, order, or document.
38.-(1.) Where under any enactment any person is re- quired to pay any charge or fee for any act or thing done, or document issued, or signature or seal affixed to any do- cument, by any public officer or department, or where any person is adjudged by any Court, or other authority duly authorised by law, to pay or forfeit any sum of money, sneh charge or fee and sneli sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or any commission on money re- ceived or taken possession of, realised or otherwise dealt with, is required to be paid to any public officer or depart- ment, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury.
(2.) Where under any enactment any thing or any animal is adjudged by any Court, or other authority duly author- ised by law, to be forfeited, it shall, unless the contrary is otherwise provided, or unless it is expressed by law to be forfeited to any person, he forfeited to the Crown, and the net proceeds thereof if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the con- trary is otherwise provided.
(3.) Nothing in this section shall affect any provision in any existing enactment or any enactment hereafter to be made, whereby any shares of fines or forfeitures, or of pro- eeeds of forfeitures are expressed to be recoverable by any person, or may be granted by any authority to any person or officer.
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