THE HONGKONG GOVERNMENT GAZETTE, 14TH SEPTEMBER, 1867.
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the Court, to be kept in Penal Servitude for any Term not exceeding Four Years, or to be Imprisoned for any Term not exceeding Two Years, with or without Hard Labor, and with or without Solitary Confinement.
&c. narked Stores, a Misdemeanor.
XI. If any Person, without lawful Authority (Proof of which Authority shall lie Knowingly receiving, on the Party accused), receives, possesses, keeps, sells, or delivers any Naval or Victualling Stores bearing any such Mark as aforesaid, knowing them to bear such Mark, he shall be guilty of a Misdemeanor, and shall be liable to be Imprisoned for any Term not exceeding One Year, with or without Hard Labor.
presumed against
XII. Where the Person charged with such a Misdemeanor as last aforesaid was at Knowledge of Stores the Time at which the Offence is charged to have been committed a Dealer in Marine being marked Stores, or a Dealer in Old Metals, or in Her Majesty's Service, Knowledge on his Part Dealers, &c. that the Stores to which the Charge relates bore such Mark as aforesaid shall be pre- sumed until the contrary is shown.
in certain Cases.
XIII. Any Person charged with such a Misdemeanor as last aforesaid in relation to offenders may be Stores the Value of which does not exceed Twenty-five Dollars shall be liable on Sum-summarily convicted mary Conviction before a Magistrate to a Penalty not exceeding One hundred Dollars, or, in the Discretion of the Magistrate, to be Imprisoned for any Term not exceeding Six Months, with or without Hard Labor.
in Marine Stores, &c.,
satisfactorily account-
liable to Penalty.
XIV. In order to prevent a Failure of Justice in some Cases by reason of the Persons not Dealers Difficulty of proving Knowledge of the Fact that Stores bore such a Mark as aforesaid,- found in possession of If any Naval or Victualling Stores bearing any such Mark are found in the Pos- Naval or Victualling session of any Person not being a Dealer in Marine Stores or a Dealer in Old Metals, Stares, and not and not being in Her Majesty's Service, and such Person, when taken or summoned ing for the same, before a Magistrate, does not satisfy the Magistrate that he came by the Stores so found lawfully, he shall be liable, on Conviction by the Magistrate, to a Penalty not exceeding Twenty-five Dollars; and if any such Person satisfies the Magistrate that he came by the Stores so found lawfully, the Magistrate, at his Discretion, as the Evidence given and the Circumstances of the Case require, may summon before him every Person through whose Hands such Stores appear to have passed, and if any such Person as last
• aforesaid who has had Possession thereof does not satisfy the Magistrate that he came by the same lawfully, he shall be liable, on Conviction by the Magistrate, to a Penalty not exceeding Twenty-five Dollars.
XV. For the Purposes of this Ordinance, Stores shall be deemed to be in the Criminal Possession Possession or Keeping of any Person if he knowingly has them in the actual Possession explained. or Keeping of any other Person, or in any House, Building, Lodging, Apartment, Matshed, or Place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own Use or Benefit or for the Use or Benefit of another.
XVI. It shall not be lawful for any Person, without Permission in Writing from the No unauthorized Persmi to creep, Admiralty, or from some Person authorized by the Admiralty in that Behalf, to creep,
sweep, &c. for Stores sweep, dredge, or otherwise search for Stores in the Harbor of Victoria within One within 100 Yards of
any of Her Majesty's hundred Yards from any Vessel belonging to Her Majesty or in Her Majesty's Service, Vessels, Mint, &c., &c. or from any Mooring Place or Anchoring Place appropriated to such Vessels, or from any Moorings belonging to Her Majesty, or from any of Her Majesty's Wharves, or Dock, Victualling, or Steam Factory Yards, or without Permission from the Governor within One Hundred Yards of the boundary wall of the Mint.
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 Labor.
Ordinance No. 7 of
XVII. The following Sections of Ordinance No. 7 of 1865 being "An Ordinance to Sections 81, 82, 83, consolidate and amend the Enactinents in Force in this Colony relating to Larceny 80, 88, 90 to 99 of "and other similar Offences," shall be incorporated with this Ordinance, and shall for 1865, incorporated the Purposes of this Ordinance be read as if they were here re-enacted, namely, Sections with this Ordinance. LXXXI to LXXXIII, LXXXVI, LXXXVIII, and XC to XCIX all inclusive; and for this Purpose the Expression "this Ordinance," when used in the said incorporated Sections, shall be taken to include the present Ordinance.
this Ordinance,
XVIII. Nothing in this Ordinance shall prevent any Person from being indicted Not to prevent under this Ordinance or ctherwise for any indictable Offence made punishable on Sum- Personsbeing indicted mary Conviction by 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 Ordinance so that no Person be punished twice for the same Offence.