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THE HONGKONG GOVERNMENT GAZETTE, 3RD JULY, 1875.
If any person, without lawful authority (proof of which autho- Imitation a rity shall lie on the party accused), applies any of the said marks misdemeanor. in or on any such stores, he shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour.
X. If any person, with intent to conceal Her Majesty's pro- Obliteration perty in any stores, takes out, destroys, or obliterates, wholly or with intent to in part, any such mark as aforesaid, he shall be guilty of felony, conceal Her
Majesty's pro- and shall be liable, in the discretion of the Court, to be kept in penal servitude for any term not exceeding four years, or to be im- prisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.
perty, felony.
found in
XI. If stores are found in the possession or keeping of a per- Penalty on son being in Her Majesty's service, or in the service of the dealer, &c., Admiralty, or being a dealer in marine stores, or in old metals, possession of or a pawnbroker (within the meaning of any enactments for the stores, and not time being in force relating to such dealers, or to pawnbrokers), accounting for and he is taken or summoned before a Magistrate, and the Ma- them. gistrate sees reasonable grounds for believing the stores found to be or to have been Her Majesty's property, then if such person does not satisfy the Magistrate that he came lawfully by the stores found, he shall be liable, on summary conviction before a Magistrate, to a penalty not exceeding twenty-five dollars.
For the purposes of this section, stores shall be deemed to be in the possession or keeping of any person, if he knowingly has them in the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, open or inclosed, whether occupied by himself or fot, and whether the same are so had for his own use or benefit, or for the use or be- nefit of another.
XII. It shall not be lawful for any person, without permission No unauthor- in writing from the Admiralty, or from some person authorized ized person to by the Admiralty in that behalf (proof of which permission shall creep, sweep,
&c., for stores lie on the party accused), to gather or search for stores, or to within 100 creep, sweep, or dredge, in the harbour of Victoria within one yards of any of hundred yards from any vessel belonging to Her Majesty, or in Her Majesty's Her Majesty's service, or from any mooring place or anchoring vessels, &c. place appropriated to such vessels, or from any moorings belong- ing to Her Majesty, or from any of Her Majesty's wharves, or dock, victualling, or steam factory yards.
If any person acts in contravention of this provision, he shall be liable, on summary conviction before a Magistrate, to a penalty not exceeding twenty-five dollars, or to be imprisoned for any term not exceeding three months, with or without hard labour.'
XIII. The following sections of Ordinance No. 7 of 1865 being Sections 81, "An Ordinance to consolidate and amend the Enactments in force 82, 83, 86, 88,
90 to 99 of "in this Colony relating to Larceny and other similar Offences,' Ordinance No. shall be incorporated with this Ordinance, and shall for the pur-7 of 1865, poses of this Ordinance be read as if they were here re-enacted, incorporated namely, sections LXXXI to LXXXIII, LXXXVI, LXXXVIII, with this and XC to XCIX all inclusive; and for this purpose the expres- Ordinance. sion "this Ordinance," when used in the said incorporated sections, shall be taken to include the present Ordinance.
indicted under
XIV. Nothing in this Ordinance shall prevent any person Not to prevent from being indicted under this Ordinance or otherwise for any persons being indictable offence made punishable on summary conviction by this Ordinance, this Ordinance, or prevent any person from being liable under &c. any other Ordinance or otherwise to any other or higher penalty or punishment than is provided for any offence by this Ordi- nance so that no person be punished twice for the same offence.
XV. So much of Ordinance No. 3 of 1860 as is inconsistent Ordinance No.
3 of 1860 re- with the provisions of this Ordinance shall be and the same
pealed in part. hereby is repealed.
XVI. "The Naval and Victualling Stores Ordinance (Hong- Repeal of kong) 1867" is hereby repealed, but this repeal shall not affect Ordinance No. any offence, act, or thing committed or done before the com- mencement of this Ordinance.
13 of 1867.
XVII. This Ordinance shall commence and take effect on such Commence- day as shall hereafter be fixed by Proclamation under the hand ment of of the Governor.
Ordinance.
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