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THE HONGKONG GOVERNMENT GAZETTE, 7TH JUNE, 1873.
Dangerous
Goods to be marked and
of their Character.
[20 & 30 Vic., c. 60, s. 3.]
to detain such Goods and Vessels or Packages until a Magistrate has determined whether the same are or not forfeited, the Pro- ceedings for which Forfeiture shall be commenced forthwith after the Seizure.
Any Person seizing any Dangerous Goods to which this Ord- inance applies, in pursuance of this Section, shall not be liable to any Suit for detaining the same, or for any Loss or Damage incurred in respect of such Goods, otherwise than by any wilful Act or Neglect while the same are so detained.
Any Person who, by himself or by any one in his Employ or acting by his Direction, or with his Consent, refuses or fails to admit into any Place occupied by or under the Control of such Person, any Person demanding to enter in Pursuance of this Section, or in any Way obstructs or prevents any such Person in or from making any such Search, Examination, or Seizure as authorized by this Section, shall be liable to a Penalty not exceeding One hundred Dollars, and to forfeit all such Dangerous Goods to which this Ordinance applies, which are found in his Possession or under his Control.
XIV. No Person shall deliver any Dangerous Goods to which this Ordinance applies to any Warehouse Owner or Carrier, or send or carry, or cause to be sent or carried any such Goods to or Notice given from any Part of the Colony, or deposit such Goods in or on any Warehouse, Wharf, or Quay, unless the true Name or Description of such Goods, with the Addition of the Word Dangerous," in English and Chinese, is distinctly written, printed, or marked on the outside of the Package, nor in the Case of Delivery to or Deposit with any Warchouse Owner or Carrier, without also giving Notice in Writing to him of the Name or Description of such Goods, and of their being dangerous. And any Person who commits a Breach of this Enactment shall be liable to a Penalty of Two thousand Dollars, or at the Discretion of the Court to Imprisonment with or without Hard Labor for any Term not exceeding Two Years.
Provision for Case of Absence of Knowledge of Nature of Goods.
[29 & 30 Vic., c. 69, s. 4.]
As to Forfei- ture of such
XV. Provided always as follows:-
(1.) Any Person convicted of a Breach of the last foregoing Enactment shall not be liable to Imprisonment, or to a Penalty of more than One thousand Dollars, if he shows to the Satisfaction of the Court and Jury before whom he is convicted that he did not know the Nature of the Goods to which the Information relates;
(9.) Any Person accused of having committed a Breach of the said Enactment shall not be liable to be convicted thereof if he shows to the Satisfaction of the Court and Jury before whom he is tried that he did not know the Nature of the Goods to which the Information relates, and that he could not, with reasonable Diligence, have obtained such Knowledge.
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 be convicted of a Breach of the
Goods.
c. 69, s. 5.]
Refusal of Goods.
said Enactment or not.
XVII. No Warehouse Owner, or Carrier shall be bound to receive or carry any Dangerous Goods to which this Ordinance [29 & 30 Vic., applies.
c. 69, s. 6.] Summary Proceedings
for Offences, Penalties, &c.
Conviction or
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 want of Form,
Certiorari or otherwise, either at the Instance of the Government &c.
or of any Private Party into any Superior Court.
And no [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 inances No.1 of 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.
powder Ord-
4 of 1867.