852
THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1891.
Warrants improperly obtained.
(1 of 84, 33.)
Procedure relating to cases of seizure of articles, &c.
Information not admitted
in evidence.
Name of
informer to be concealed, ie,
Exception.
Giving false name.
Producing Falso certi- ficate.
Attempts. Aiders and A bettors.
Public officers not to be interestel.
(1 of 84, 39.)
43. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 50 to be enforced and levied as hereinafter provided. 44. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorised by any of the provisions of this Ordinance, it shall be lawful for the Judges of the said Court and for such Magistrate, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without enquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.
45. Except as hereinafter mentioned, no information laid under The Opium Ordinances 1884 to 1887 or this Ordi- nance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged to disclose the name or address of any informer, or to state any matter which might lead to his discovery, and 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 such informer is named or described, or which might lead to his discovery, the Court or. Magistrate 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 in any proceed- ings before a Magistrate for any offence against any provision of the said Ordinances or this Ordinance the Magistrate after full enquiry into the case shall believe that the informer wil- fully made 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 Court..or Magistrate shall be of opinion that 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 production of the original information, and to permit inquiry and require full disclosure concerning the informer.
Miscellaneous.
46. If any person charged with any offence · under this Ordinance shall give a false name, or with intent to procure his discharge or acquittal shall produce or offer in evidence or cause to be produced or offered in evidence any certificate required by this Ordinance which shall be proved to the satisfaction of the Magistrate to have been issued to any other person or to be forged, he shall be liable on summary conviction to a penulty not exceeding $100 in addition to any other punishment or penalty to which he may by law be liable.
47. Whosoever shall attempt to commit any offence in contravention of this Ordinance or who shall aid or abet any
other
· person in
any such offence or in the attempt to commit any such offence shall be liable on summary conviction to the same punishment and penalties as if guilty of the actual offence.
43. Persons employed in any department of the public service, and persons in their employ, or any of them, are disqualified from becoming or being in any way possessed of or directly or indirectly interested in any privilege or licence under this Ordinance, or the profits thereof, whether