21147
→
14. Section 15 of this Ordinance repeals section 73 of the prittcipal Ordinance which requires the Superintendent in the case' of dil unsuccessful search for intoxicating Hiquors or "other"altielės Table to forfeiture Hoder that `Ordinance tó' rẻpack or calise to be repätkelf any "ghout unpacked during such search and to be responsible for damages caused in the course of such repacking. There is: no such provision in the Tobnoco | Ordinanco, 1916, Ordinance No. 49 of 1916.............
smut samod waituz et 209: oroiga nalaze unten Ann Pozund qubted oodwallet) Ingisning odi
15. Section 16 of this Ordinance repeels section 48 of the principal Ordinance because the payment of informers and the disposal of things forfeited are rather thatters for the Executive, ni ve sunulut) Impioning wilt a slobodaet mom aţine o nul- lu unut odi
16. Sections 17 and 18 of this Ordinance amend sections 79 and 80 of the principal Ordinance for the reason given in paragraph 2 (a) above.
17. Section 49.6f this Ordinance repeals section 81 of the principal Ordinance, which empowers the Governor to stop proceedings and to order restitution of articles for- feited, as being unusual and unnecessary. There is no such provision in the Tobacco Ordillance, 1915; Ordinance No. 10 of 1916.
18. The proposed new section 87 of the principal Ordinance, to be enacted by section 20 of this Ordinance, makes it necessary for every person to give correct details of any particulars, returns, etc. which he supplies under the Ordinance, at his peril of being guilty of an offence unless he can prove both absence of knowledge of the incorrectness and absence of negligence conducing to it. The present section 87 lays on the prosecution the onus of proving guilty knowledge.
19. Section 21 of this Ordinance inserts a new section, based on section 48 of the Tobacco Ordinance, 1916, Ordi- nance No. 10 of 1916, which gives power to the Superin- tendent, and to certain specially authorised revenue officers, This new power to obtain information in certain cases. section, which will be section 87A, will be more restricted than the section in the Tobacco Ordinance in two respects. In the first place, the power will be confined to the Super- intendent and to particular revenue officers authorised in writing by the Superintendent, whereas the section in the Tobacco Ordinance gives the power to all revenue officers. In the second place, a proviso makes it clear that the section will not confer any power of questioning any person who has been charged under the Ordinance, or on whose case the Superintendent bas decided to prosecute under the Ordinance.
20. Section 1 of this Ordinance also inserts a new section based on sections 17 and 18 of the Opium Ordi- nance, 1923, Ordinance No. 30 of 1923, to prevent the improper possession of labels, wrappers or marks issued by the Superintendent of Imports and Exports, and to prevent the possession of fraudulent imitations of such labels, wrappers or marks.
21. Section 22 of this Ordinance effects amendments in section 89 of Ordinance 9 of 1911, so as to make it similar to section 59 of the Tobacco Ordinance, 1916, but with the additional option given to the magistrate similar to that which is given to him by section 39 (3) of the Opium Ordinance, 1923, Ordinance No. 30 of 1923, of imposing, if he thinks fit, a fine not exceeding two thousand dollars The in lieu of a fine not exceeding ten times the duty. reason for this latter addition is that there are many serious offences, such as keeping an illicit still, or manu- facturing bogus brandy from smuggled spirits of wine, in which very little liquor may be seized.
Page 10Page 11