218
No. 89.
THE HONGKONG GOVERNMENT GAZETTE, 31ST MAY, 1873.
As to Forfei- ture of such
XVI. Where Goods are delivered, sent, carried, or deposited in Contravention of the said Enactment, the same shall be forfeited, and shall be disposed of in such Manner as the Governor directs, [29 & 30 Vic, whether any Person is liable to bo convicted of a Breach of the
Goods.
c. 69, s. 5.]
Refusal of Goods.
[20 & 30 Vic., e. 69, s. 6.]
Summary Proceedings for Offences, Penalties, &c.
Conviction or
said Enactment or not.
XVII. No Warehouse Owner, or Carrier shall be bound to receive or carry any Dangerous Goods to which this Ordinance applies.
XVIII. All Offences and Penalties under this Ordinance, and all Moneys and Costs directed by this Ordinance to be recovered as Penalties (excepting those imposed by Section XIV,) may be prosecuted and recovered in Manner provided by Ordinance No. 10 of 1844. The Description of any Offence under this Ord- inance in the Words of such Ordinance shall be sufficient in Law.
XIX. No Conviction or Order made in Pursuance of this Ord- Order not to inance shall be quashed for want of Form or be removed by be quashed for Certiorari or otherwise either, at the Instance of the Government want of Form,
And no or of any Private Party into any Superior Court. tc. [34 & 35 Vic., Warrant of Commitment shall be held void by reason of any, c. 105, s. 15, Defect therein, provided that there is a valid Conviction to clause 6.]
maintain such Warrant and it is alleged in the Warrant that the Party has been convicted.
Penalties, &c.
XX. All Fees and Penalties recovered under this Ordinance to be paid into shall be accounted for and paid into the Colonial Treasury.
the Treasury.
Ordinance to
XXI. The Provisions of this Ordinance shall, so far as they apply to Gun- are applicable, extend to Ordinances No. 1 of 1848 and No. 4 of powder Ord-
1867, and this Ordinance and No. 1 of 1848 shall be construed 1848 and No. together and taken for all Purposes to be One Ordinance.
inances No 1 of
4 of 1867.
Statement of Objects and Reasons.
This Draft Ordinance has been prepared for the purpose of making certain additions and amendments, by direction of the Secretary of State, in Ordinance No. 12 of 1872 "to regulate the Manufacture, Importation, Storage, and Carriage of Explosive Substances.
""
It is usually found more convenient in such cases to repeal the Ordinance and re-enact it with the amendments suggested, and that Course has in this instance been adopted.
It is proposed to adopt the Title of one of the Imperial Acts from which many clauses are taken, and to call the new Ordinance "The Dangerous Goods Ordinance, 1873.
"Car-
In the enumeration of Dangerous Goods in Section V, tridges" have been left out, as it is considered that the use of the word is misleading; for if loaded with Gun Cotton, Cartridges would be included under the Ordinance, and if loaded with Gun- powder they would fall within the provisions of Ordinance No. 4 of 1867.
The following substances are added to the list of Dangerous Goods: Dynamite, Lithofracteur, and Horsley's Patent Blasting Powder.
By Section VII, power is given to the Governor in Council to declare what other goods shall be deemed Dangerous' within the meaning of the Ordinance.
Subject to the above amendments, and to a general revision and re-arrangement of the Clauses, the new Ordinance contains the same provisions as the one of 1872 which it repeals.
J. PAUNCEFOTE, Attorney General.
26th May, 1873.
GOVERNMENT NOTIFICATION.
His Excellency the Governor has been pleased to direct that the 2nd June, being Whit Monday, be observed as a Holiday in the Government Offices.
By Command,
Colonial Secretary's Office, Hongkong, 30th May, 1873.
No. 90.
GOVERNMENT NOTIFICATION.
CECIL C. SMITH, Acting Colonial Secretary.
The following Report from the Acting Registrar General, under Ordinance No. 7 of 1872, for the Quarter ending 31st March, 1873, is published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 30th May, 1873.
CECIL C. SMITH, Acting Colonial Secretary.