THE HONGKONG GOVERNMENT GAZETTE, 14TH NOVEMBER, 1885.
shall appear to such Police Magistrate, upon the oath of any person, that there is good and sufficient cause to believe that in any such dwelling house, shop, or other building or place, or on board any such ship is concealed or deposited any spirits subject to forfeiture under this Ordinance, or as to which an offence has been committed against any of the pro- visions of this Ordinance, and to take possession of any such article found to be concealed, or deposited therein, and of all stills, or other apparatus used for distilling spirits or portions of stills or apparatus intended for such use, and to arrest and take any person being in such dwelling house, shop, or other building or place, or on board such ship, in whose possession, custody, or control, any such article may be found or whom the said officer may have good and sufficient reason to suspect to have concealed or deposited therein or thereabout any such article, and any Officer to whom such warrant shall bo directed, may, in case of obstruction or resistance, break open any outer or inner door of such dwelling house, shop, or other building or place, and enter thereinto, and forcibly enter any such ship, and every part thereof, and remove by force any obstruction to such entry, search, seizure, and re- moval as aforesaid, and may detain every person found in such place until the said place shall have been searched, and all informations to be laid and all warrants to be issued, and all arrests and seizures to be made under this Ordinance may be had or done on a Sunday, as well as on any other day. 59. Any person found committing or attempting to commit an offence, or employing, aiding, or assisting any person to commit an offence against the provisions of this Ordinance, may be arrested without warrant by any Police Officer, or Excise Officer; and taken, with any articles found as to which the offence may have been committed, or attempted to have been committed, to a Police Station, there to be dealt with according to law, and any person reasonably suspected to have about his person any article as to which an offence has been committed against the provisions of this Ordinance, may be arrested by any Polico Officer, or Excise Officer, without a warrant, and taken to a Police Station, there to be dealt with according to law: Provided, however, that in case of any person being arrested under this section and not convicted, the Police or Exciso Officer may be called upon to show that he had reasonablo or probable cause for making such arrest, and in default the Magistrate may order him to make amends, not execeling one hundred dollars, to the person aggrieved, and in default may sentence him to a period of imprisonment with or without hard labour not exceeding six months.
Penalties and their Recovery.
60. For every offence against this Ordinance not other- wise provided for, there shall be payable for a first offence a fine not exceeding three hundred dollars, and for a second offence a fine not execeding six hundred dollars, always provided that the wilful furnishing of any false particulars in any statement or return required by this Ordinance shall be on a first offence punishable by a fine not exceeding a thousand dollars, and on a second offence by a fine not exceeding two thousand dollars. And all spirits, or intox- icating liquors, stills, or parts thereof with respect to which any offence against this Ordinance may have been committed, as well as the vessels or packages which contain them, may be forfeited.
61. Offences against this Ordinance shall be considered to be :-
(1) Refusal, neglect, or omission to do any act com-
manded by this Ordinanco.
(2) Refusal to permit, or obstruction of any such act. (3) The doing of any act forbidden by this Ordinance. (4) On the part of a licensed publican, adjunet licensee, or keeper of a spirit shop any breach of the terms of his licence or recognisance.
62. On the conviction of any licensed person for a second offence against this Ordinance the Magistrate may order his licence to be forfeited, in addition to any other penalties horeiubefore provided.
63. Whenever in this Ordinance intoxicating liquors aro directed or permitted to be seized or forfeited, the vessels and packages in which the same may be found may also be seized and forfeited as well as any boat or vessel of less than fifteen tous burden in which such intoxicating liquors may be found,
Arrent with- out warranÊ
(98. 6. 70 )
Fines and
Forfed pre ¡SS, 0.33 & 73.)
Offences defined.
Forfeiture of Licence.
(See 1 of 44. 30.
Forfeiture of packages, &c. and boats.
(88. O. 91)
985