M. SAMUEL & Co., Limited,
LONDON, E.C. 2.
-2-
3944
C
-
12 (1)
If any vessel is used for the importation
or exportation of any deleterious drug contrary to this
Ordinance or for the receipt or storage of any deleterious
drug imported contrary thereto, the master and owner of
such vessel shall be liable to a fine not exceeding five
thousand dollars, and the vessel may be detained by order
of the Court until security has been given for such sum as
the Court orders, not exceeding five thousand dollars.
(2) Such offences shall be tried by a District
Court.
(3)
Except in the case of deleterious drugs.
consigned to or by the Principal Civil Medical Officer, any
deleterious drug found on board any vessel shall be deemed
evidence that the vessel has been used for the importation
or exportation of deleterious drugs contrary to this
Ordinance, or for the receipt or storage of deleterious
drugs imported contrary thereto, unless it is proved to
the satisfaction of the Court that none of the Officers,
their servants, the crew or the persons employed on board
for the purposes of the vessel were implicated in the placing
or keeping such deleterious drug on board the vessel.
In each of the two sections there is what is called
at presumption which arises when any prohibited drug is found
in a vessel, with this difference that under Section 11 the
presumption only arises if the vessel is without port limits,
whereas section 12 says nothing about the locality or position
of the vessel.
I understood the contention of Counsel for the
Defence to be that the two sections are so closely allied
that the presumption under Section 12 must be taken to be
subject to the same conditions and circumstances as that
under Section 11.
As a matter of fact the two sections, although
similar in form, are aimed at quite different objects. Section
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