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THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1916.
Offences.
Penalties.
Forfeiture of
tobacco.
Forfeiture of bond.
Forfeiture of deposit.
Forfeiture of licence.
Seizure and
forfeiture of receptacles.
(2.) In answer to such summons a body corporate may appear by an officer of such by corporate and a firm may appear by a partner or a responsible representative of such firm.
Offences, Penalties and Forfeitures.
58. Every person who contravenes any of the provisions of this Ordinance or of any regulations made thereunder or who fails to observe any condition or restriction imposed by or under this Ordinance shall be deemed to commit an offence against this Ordinance.
59. Every person who commits or attempts to commit any offence against this Ordinance shall on summary conviction be liable-
(a) for a first offence to a fine not exceeding five hundred dollars and to imprisonment for any
term not exceeding six months;
(b) for a second offence to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding one year;
(e) for a subsequent offence to a fine not exceeding Two thousand and five hundred dollars and to imprisonment for any term not exceeding one
year.
60. It shall be lawful for a magistrate to order to he forfeited to the Crown any tobacco with respect to which any offence against this Ordinance may have been com- mitted whether any person shall have been convicted of such offence or not and upon the making of such order of forfeiture the said tobacco shall be deemed to be the property of the Crown free from all rights of any person : Provided that it shall be lawful for the Governor in Council in his absolute discretion to entertain and give effect to any moral claim to or in respect of the said tobacco.
61-(1.) Upon the failure of any condition of any bond required as a condition on the granting of any permit or any licence issued under this Ordinance the sum secured by the bond shall be deemed to be a debt due to the Crown and may be recovered in the same manner as Crown rents are recovered upon a certificate purporting to be under the hand of the Colonial Treasurer..
(2.) The recovery of any such sum shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.
62.--(1.) Upon the breach of any condition of any permit or any licence issued under this Ordinance any deposit required as a condition on the granting of such permit or licence shall upon application to a magistrate be declared by him to be forfeited to the Crown.
(2.) The forfeiture of any such deposit shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.
63. Upon the conviction of any licensee under this Ordinance of any offence against this Ordinance it shall be lawful for the Governor in Council to forfeit the licence of such licensee.
64.-(1.) Whenever it is lawful for a revenue officer to seize any tobacco it shall be lawful for him to seize also all the receptacles in which the tobacco is contained.
(2.) Whenever it is lawful for the magistrate to forfeit any tobacco it shall be lawful for him to forfeit in like anner all the receptacles in which the tobacco was found.
Passed the Legislative Council of Hongkong, this 13th day of July, 1916.
A. G. M. FLETCHER,
Clerk of Councils.
Assented to by His Excellency the Governor, the 14th
day of July, 1916.
CLAUD SEVERN,
Colonial Secretary,
į