312
THE DONGKONG GOVERNMENT GAZETTE, 12тя JULY, 1873.
Search for Dangerous Goods,
XIH. Where any Magistrate is satisfied by Information on Oath that there is reasonable Ground to believe that any Dangerous, Goods to which this Ordinance applies are being kept, sent, [84 & 35 Vic., c. 105, 3. 13.] conveyed, or exposed for Sale within the Colony in Contravention of this Ordinance, at any Place, whether a Building or not, or in any Ship or Vehicle, such Magistrate shall grant a Warrant by Virtue whereof it shall be lawful for any Person named in such Warrant to enter the Place, Ship, or Vehicle named in such Warrant, and every Part thereof, and examine the same and search for such Goods therein, and if any such Goods be found therein, which are kept, sent, conveyed, or exposed for Sale in Contravention of this Ordinance, to scize and remove such Goods or Articles, and the Vessels or Packages containing the same, and 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 cominenced forthwith after the Seizure.
Dangerous Goods to be marked and Notice given of their Character.
[29 & 30 Vic., 2. 69, s. 3.
Provision for
Case of Absence of Knowledge of Nature of Goods.
{29 & 30 Vic., 2. 69, s. 4.]
As to Forfei- ture of such
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 uis 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 us 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 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 Warehouse 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 the Provisions of this Section shall be liable to a Penalty not exceeding Two thousand Dollars, or at the Discretion of the Court to Imprisonment with or without Hard Labor for 9ny Term not exceeding Two Years.
XV. Provided always as follows:---
(1.) Any Person convicted of a Breach of the last foregoing. Section 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;
(2.) Any Person accused of having committed a Breach of the said Section 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 Section XIV, 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.
e. 69, s. 5.]
Refusal of Goods.
[29 & 30 Vic.,
e. 69, s. 6.]
Summary
said Section 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, Proceedings (excepting those specified and imposed by Section XIV,) may be prosecuted and recovered summarily before a Police Magistrate in Manner provided by Ordinance No. 10 of 1844.
for Offences,
Penalties, &e.
Offences, &c.,
against Section
14.
[See No. 3 of
1873, s. 15.]
Ordinances
XIX. All Offences and Penalties specified and imposed by Section XIV may be prosecuted and recovered summarily before two Magistrates sitting together, who shall constitute a Court for this Purpose: Provided that if at the Close of the Investigation, the Accused shall apply for a Trial by Jury, or the Magistrates shall be of Opinion that the Case ought to be so tried, they may commit the Accused for Trial at the Supreme Court.
XX. Nothing in this Ordinance contained shall be deemed to No. 1 of 1848 affect the Provisions of Ordinances No. 1 of 1848, and No. 4 of & No. 4 of 1867. 1867.
Passed the Legislative Council of Hongkong, this 9th Day of July, 1873.
L. D'ALMADA E CASTRO.