THE HONGKONG GOVERNMENT GAZETTE, 28TH SEPTEMBER, 1872.
Court to Imprisonment with or without Hard Labor for Term
any not exceeding Two Years
XI. Provided always as follows:
Provision for
Absence of
(1.) Any Person convicted of a Breach of the last foregoing Case of
Enactment shall not be liable to Imprisonment, or to a Knowledge of Penalty of more than One thousand Dollars if he shows Nature of to the Satisfaction of the Court and Jury before whom Goods. he is convicted that he did not know the Nature of the [29 & 30, Vie.
c. 69, s. 4.] Goods to which the Information relates. (2.) 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.
XII. Where Goods are delivered, sent, carried, or deposited in As to Forfei- Contravention of the said Enactment, the same shall be forfeited, ture of such and shall be disposed of in such Manner as the Governor directs, whether any Person is liable to be convicted of a Breach of the c. 69, s. 5.]
said Enactment or not.
Goods. [29 & 30, Vic.
XIII. No Warehouse Owner, or Carrier shall be bound to Warehouse
Owners, &c., receive or carry any Goods which are specially dangerous.
not bound to receive such Goods.
[29 & 30, Vic. c. 69, s. 6.] XIV. In construing this Ordinance the Term "Warehouse Owner" Interpretation shall include all Persons or Bodies of Persons owning or managing of Owner any Warehouse, Store, Quay, Pier, or other Premises in which and Carrier. Goods are deposited; and the Word "Carrier" shall iuclude all [29 & 30, Vic.
c. 69, s. 7.] Persons or Bodies of Persons carrying Goods or Passengers for Hire by Land or Water.
XV. All Offences and Penalties under this Ordinance, and all Summary Moneys and Costs directed by this Ordinance to be recovered as Proceedings Penalties (excepting those imposed by Section XI,) may be for Offences, prosecuted and recovered in Manner provided by Ordinance No. 10 of 1844. The Description of any Offence under this Ordi- nance in the Words of such Ordinance shall be sufficient in Law.
Penalties, &c.
XVI. No Conviction or Order made in Pursuance of this Ordi- Conviction or nance shall be quashed for want of Form or be removed by Order not to Certiorari or otherwise either at. the Instance of the Government be quashed for want of Form, And no or of any Private Party into any Superior Court.
&c. Warrant of Commitment shall be held void by reason of any [34 & 35, Vic. Defect therein, provided that there is a valid Conviction to c. 105, s. 15, maintain such Warrant and it is alleged in the Warrant that the clause 6.] Party has been convicted.
XVII. All Fees and Penalties recovered under this Ordinance Penalties, &c.
to be paid into shall be accounted for and paid into the Colonial Treasury.
the Treasury.
XVIII. The Provisions of this Ordinance shall so far as they Ordinance to are applicable extend to Ordinances No. 1 of 1848 and No. 4 of apply to Gun- 1867, and this Ordinance and No. 1 of 1848 shall be construed powder Ordi- together and taken for all Purposes to be One Ordinance.
XIX. This Ordinance may be cited for all Purposes as Explosive Substances Ordinance, 1872."
nances No. 1 of 1848 and No. 4 of 1867.
66 The Short Title.
XX. This Ordinance shall come into Force on such Day as Commence- shall be hereafter fixed by Proclamation under the Hand of the ment of
Ordinance. Governor.
Passed the Legislative Council of Hongkong, this 25th Day of September, 1872.
No. 181.
L. D'ALMADA E CASTRO, Clerk of Councils.
431
GOVERNMENT NOTIFICATION.
The following Regulations for an Examination of Candidates for the Civil Service of India, which is to be held in April, 1873, are published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 24th September, 1872.
CECIL C. SMITH, Acting Colonial Secretary.