312
Forfeiture of goods not marked, etc. 29 & 30 Vict. c. 69 s. 5.
I
No. 1.] THE ORDINANCES OF HONGKONG: [A.D. 1873.
(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 or of the Court and jury before whom he is tried, that he did not know the nature of the goods to which the information or indictment relates, and that he could not, with reasonable diligence, have obtained such knowledge.
15. Where goods are delivered, sent, carried, or deposited in contravention of section 13, the same shall be forfeited, 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 said section or not.
Exemption of 16. (1.) The provisions of sections 8, 9, 13, 14, and 15 shall not apply certain classes to either of the following two classes of dangerous goods, namely,
of goods from certain provisions and from operation of regulations.
Refusal of goods. Ib. s. 6.
Proceedings for offences, penalties, etc.
(a.) lubricating oils; and
(b.) petroleum tar or petroleum fuel which, after being tested by him, has been certified by the Government Analyst, or other similar officer of this or any other British Colony or Possession, to give off an inflammable vapour at a temperature of not less than 150° Fahrenheit.
(2.) Any by-laws, rules, or regulations relating to dangerous goods made under this or any other Ordinance shall not, unless expressly so provided, apply to either of the above two classes of dangerous goods.
17. No warehouse owner or carrier shall be bound to receive or carry any dangerous goods to which this Ordinance applies.
18.—(1.) All offences and penalties under this Ordinance (excepting those specified and imposed by section 13) may be prosecuted and recovered summarily before a Police Magistrate in manner provided by See Ordinance any Ordinance for the time being in force relating to Magistrates and No. 3 of 1890.
the practice and procedure before them in respect of offences punishable on summary conviction.
Exemption of ships of war, etc.
(2.) All offences and penalties specified and imposed by section 13 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 person applies for a trial by jury, or the Magistrates are of opinion that the case ought to be so tried, they may commit the accused person for trial at the Supreme Court.
2:
19. This Ordinance shall not apply to Her Majesty's ships of war, or to the ships of war of any foreign nation, or to any stores or depôts or other premises belonging to Her Majesty's Government or to Her Majesty's naval or military authorities within the Colony.
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