PHARMACY AND POISONS.
No. 9 of 1916.
2419
person, or when it is proved to the satisfaction of the magistrate that it is not possible to proceed against any individual with respect to any offence against this Ordinance by reason of the fact that the offender is out of the jurisdiction or cannot be found, the magistrate may cause a notice in English and Chinese to be affixed to the place or ship not being or having the status of a ship of war, where such poison, syringe or appliance has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2) If no person makes such claim within one week from the affixing of such notice, or if any such claim is made within one week but is not subsequently substantiated to the satisfaction of a magistrate, such poison, syringe or appliance shall be forfeited and dealt with as the magistrate may direct.
may be
*
24. The magistrate may require the Government Analyst to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may order the payment of the fees due in respect of the Analyst's report by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such magistrate.
At the hearing of any such prosecution, the production of the report of the Government Analyst required as aforesaid shall be sufficient evidence of the facts therein stated, unless the defendant requires that the Analyst should be called as a witness; but if the Analyst is called by or at the request of the defendant the magistrate may further order the defendant, if convicted, to pay a fee of twenty-five dollars for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
25. The magistrate may dismiss any charge or complaint under this Ordinance on the ground that it is frivolous or vexatious although the commission of an offence be proved, and when a charge or complaint is dismissed on the ground that it is frivolous or vexatious, or when the magistrate is of opinion that such charge or complaint was supported by evidence false to the knowledge of the person bringing such charge, it shall be the duty of the magistrate to impose on the person bringing the same a penalty not exceeding that
* As amended by Law Rev. Ord., 1924,