582679-1940-Resolution-made-by-the-Legislative-Council-under-section-4-of-the-Law-Revision-Ord--1939 — Page 68

THE HONG KONG GOVERNMENT GAZETTE, JULY 26, 1940.

Supplementary Schedule,--contd.

SHORT TITLE,

AMENDMENT OR REPEAL.

113. The Liquors Ordinance. 1931. (No. 36 of 1931). -contà.

justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court or magistrate to require the produc- tion of the original information and permit inquiry and require full disclosure concern- ing the informer.

(2) A magistrate may, on the application of the Superintendent, award to an in- former any portion, not exceeding one half, of any fine imposed under this Ordinance.

not to be

41. On any trial before any inagistrate and in Manner of

any proceedings on appeal in the Supreme seizure Court relating to the seizure of anything inquired under this Ordinance. the magistrate or into by the court shall procced to such trial and to court." the hearing of such appeal on the merits of the case only, without reference to matters of form and without inquiring into the manner or form of making any seizure except in so far as the manner or form of seizure may be evidence on such merits.

42. Except as otherwise expressly provided, Penalties.

every person who commits any offence against this Ordinance shall upon summary conviction, in addition to any forfeiture under this Ordinance, be liable-

(1) for a first offence, to a fine not ex- ceeding five hundred dollars or to imprison- ment for any term not execeding six months:

(2) for a second offence, to a fine not exceeding one thousand dollars or to im- prisonment for any term not exceeding twelve months;

(3) for every subsequent offence, to a fine not exceeding two thousand dollars and to imprisonment for any term not exceeding twelve months.

In any case where a magistrate is of opinion that an offence was committed with intent to avoid payment of any duty pay- able under this Ordinance, this section shall be construed as if for the maximum fine prescribed therein for a first, second or subsequent offence there were substituted a fine not exceeding two thousand dollars. or of ten times the amount of the duty payable on the goods in respect of which the offence was committed, whichever is the greater.

43.-(1) It shall be lawful for a magistrate to Forfeiture-

order to be forfeited--

(a) any goods with respect to which any offence against this Ordinance has been committed, whether any person has been convicted of such offence or not;

(b) any goods to which this Ordinance applies and which are found without any apparent owner or unclaimed after such notice as the magistrate thinks fit.

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