THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1916.
statements.
50. No person shall make any false or inaccurate or Falso misleading statement or apply any false or inaccurate or misleading description or supply any false or inaccurate or misleading particulars in any document required under the provisions of this Ordinance or of any regulations made thereunder or in or in connection with any application for any licence or permit to be issued under this Ordinance.
Extracts
51. In all proceedings under this Ordinance and in all from records proceedings for the recovery of any duty on tobacco the to be prima production of any copies of or extracts from the records of facie the Superintendent purporting to be certified by the Super- evidence. intendent shall be prima facie evidence of the facts stated or appearing therein or to be inferred therefrom.
52. The magistrate hearing any charge under this Magistrate Ordinance may employ an analyst or other skilled person may employ
an analyst
to report on any technical point, and may order the pay- to report on ment of the fee of such analyst by the defendant in technical addition to any other penalty, and such fee shall be points. recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
53. At the hearing of any charge under this Ordinance Certificate the production of a certificate purporting to be signed by the of Govern- Government or Monopoly Analyst shall be sufficient ment evidence of the facts therein stated, unless the defendant or Monopoly
Analyst to requires that the Analyst should be called as a witness, but be sufficient if the defendant shall require the Analyst to be called the evidence. magistrate may order him in addition to any other penalty to pay a fee of twenty-five dollars for the attendance of the Analyst, such fee to be recoverable in the same way
as a penalty imposed under this Ordinance is recoverable and to be paid into the Treasury.
54. Except as hereinafter mentioned no information Protection laid under this Ordinance shall be admitted in evidence in of informers
from
any civil or criminal proceeding whatsoever and no witness discovery. shall be obliged or permitted to disclose the name or address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court 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, But if on the trial of any offence under this Ordinance the magistrate after full enquiry into the case believes that the informer wilfully male 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 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 magistrate to re- quire the production of the original information and permit enquiry and require full disclosure concerning the informer.
55. The magistrate may on the application of the Superintendent award to an informer any portion of any fine imposed under this Ordinance not exceeding one half.
Half of fine may be
awarded to informe".
and servants.
56. Every licensee under this Ordinance and the holder Respon- of every permit under this Ordinance shall, without pre- sibility for judice to the liability of any other person, be liable acts of agents criminally for the acts and omissions of his agents and servants in respect of any offence against this Ordinance, and if such licensee or such permit holder is himself an agent or servant of a company or firm and the licenec or permit has been granted wholly or partly for the benefit of such company or firm he shall, without prejudice to the liability of any other person, be liable criminally for the acts and omissious of the agents and servants of such company or firm in respect of any offence against this Or- dinance Provided that no person shall be sentenced to imprisonment by virtue only of the provisions of this sec- tion.
:
57.-(1) A summons may be served on a body cor- Service on porate or a firm by leaving a copy thereof with an adult body cor- at the last known address of the body corporate or firm, porate or and if the body corporate or firm do not appear in answer to such summons the magistrate may proceed ex parte.
firm.
415