Enclosure No. 2.
23
ATTORNEY GENERAL'S CHAMBERS,
Hongkong.294ha ŝotober........ 192
7.
REPORT ON ORDINANCE No...16....................of 1927.
1.
I have examined the accompanying Ordinance intituled an Ordinance
and I am to amend the Liquors Consolidation Ordinance, 1911,
of opinion that the Ordinance is one which is not contrary to
the Governor's instructions.
2.
This Ordinance was introduced because of the obscurity
of a section in the principal Ordinance which was of great
practical importance, i.e., section 86.
Attention was drawn
The
to this subject by a recent case before a magistrate. sections open to the following doubts and criticisms, which
are put very shortly: -
(a) It seemed to hesitate between being a substantive sec-
-tion and an evidence section.
(b) It was arguable that possession must first be proved
by the prosecution to be "contrary to the provisions of (the) Ordinance" before the onuss thrown on the
accused of proving that the duty has been paid.