27
qualification rather than to such
vaguer questions as the question of
lawful excuse in the case of possess-
-ion of implements fit for house-
-breaking purposes, where also the
onus on a particular issue rests on
the accused, or the question of guilty
knowledge in the case of receiving,
where the onus rests on the prosecu-
-tion throughout. It is not to be
anticipated that the new section 86
will be applied in practice with un-
-necessary strictness against the
accused.
There is undoubtedly a great deal of evasion of the liquor
duties at present.
5.
The provisions of sub-sections (3) and (4) of the new
section 86 are very peculiar and rather complicated, but they
were inserted by way of compromise in the course of an informal
discussion on the bill which took place between the first and
second readings. The discussion was chiefly with a prominent
Chinese solicitor who frequently represents the Chinese wine
merchants, the persons chiefly concerned.
were in fact drafted by him.
6.
The sub-sections
Section 4 of this Ordinance repeals section 65 of the
principal Ordinance.
The latter part of that section now
The former part of the
appears in the new section 86(5).
old section 65 seemed clearly too wide, for one effect of it
was to make it an offence for the licensee of a licensed ware-
house to keep dutiable liquors on bis licensed premises.
Possession of dutiable liquors is dealt with in the new sec-
-tion 59(1) which is enacted by section 3 of this Ordinance.