32
CAP. 109]
Dutiable Commodities
[1989 Ed.
(c) that every person employed in or about any licensed premises is employed by the person named in the licence or in charge of the premises, as the case may be;
(d) that goods delivered or supplied are goods sold;
(e) that goods are of the weight and measure described in any bill of lading, air waybill, permit or other document accompanying or relating to the goods. (Amended 66 of 1986 s. 21)
41. Import manifests to be evidence of importation
In any proceedings in respect of or involving any matter, civil or criminal, arising from or in connection with this Ordinance, if any cargo appears on any import manifest furnished to the Commissioner by the owners, charterers or agents of any ship or aircraft, or by the master of a ship or person in charge of an aircraft, at any time before or after the arrival of such ship or aircraft in Hong Kong, it shall be presumed in favour of the Crown against any other party that such cargo was imported into Hong Kong on board such ship or aircraft unless any such other party proves affirmatively that such cargo was not in fact carried into Hong Kong on board such ship or aircraft.
(Amended 3 of 1970 s. 36; L.N. 294 of 1982)
42. Certain certificates to be evidence
In all proceedings under this Ordinance and in all proceedings for the recovery of any duty on goods to which this Ordinance applies, copies of or extracts from the records of the Commissioner or the officer authorized to grant any licence or permit, purporting to be certified by him, shall be prima facie evidence of the facts stated or appearing therein or to be inferred therefrom.
(Amended 31 of 1969 Schedule; L.N. 294 of 1982)
43. Magistrate may call in expert
The magistrate hearing any charge under this Ordinance may, at the request of the accused, employ an analyst or other expert to report on any matter of a technical nature.
44. Informers
Save where, in the opinion of the court or magistrate, justice so requires, the name or identity of any informer and the information given by such informer shall not be disclosed in any civil or criminal proceedings and the court or magistrate may make any order and adopt any procedure necessary to prevent any such disclosure.