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HONG KONG LEGISLATIVE COUNCIL.
4. Section 4 of this Ordinance repcals section 65 of the principal Ordinance. The latter part of that section will in future appear in the new section 86 (3). The former part of the present section 65 seems clearly too wide, for one effect of it is to make it an offence for the licensee of a licensed warehouse to keep dutiable liquors on his licensed premises. Possession of dutiable liquors is dealt with in the new section 59 (1) which is to be enacted by section 3 of this Ordinance.
5.
Section 3 of this Ordinance substitutes a new section for section 59 of the principal Ordinante. The new features are as follows:-
(a) The present sub-section (1) in terms makes unlawful various cases of lawful possession under export permits and removal powers. The new sub-section (1) corrects this.
(b) Under the present sub-section (2) it is only where the liquors are in a general bonded or licensed warehouse that possession of liquors unlawfully imported is an offence. The new sub- section (2) makes the prohibition general.
(c) It also prohibits possession of liquors unlawfully manufactured or prepared. This was suggested by the present form of section 86 of the principal Ordinance.
(d) The new sub-section (3) allowe sales of dutiable liquors which are on the licensed premises of holders of distillery or brewery licences.
(e) The new sub-section (4) provides that it shall be no defence to any charge under sub-section (1) or (2) that the possession of the accused was a joint possession,
6.
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(f
Section 2 of this Ordinance makes, for the sake of greater clear- ness, two amendments in section 2 of the principal Ordinance which are perhaps not strictly necessary. The term intoxicating liquors" ob- viously includes "native wines and spirits," though "native wines and spirits are not specifically mentioned in the definition of that term. On the other hand the definition of the term "dutiable liquors " · suggests that native wines and spirits" are not included in the intoxicating liquors," because the term "dutiable liquors is defined as meaning "intoxicating liquors and native wines and spirits on which the duty has not been paid." The reference to native wines and spirits, is, therefore, now being taken out of the definition of the term dutiable liquors and is being inserted in the definition of the term "
intoxicating liquor."
term
"J
ASYLUMS ORDINANCE.
7
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, "An Ordinance to amend the Asylums Ordinance, 1906.
THE COLONIAL SECRETARY seconded, and the Bill was read a second time.
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