11
Repeal of Ordinance No. 9 of 1911. §. 87, and substitu- tion of new section.
Insertion of
6
20. Section 87 of the principal Ordinance is repealed. and the following section is substituted therefor :-
Making 87. Every person who makes any applica- incorrect tion or supplies any particulars, returns, or application,
account, or other written statement required returns, etc.
by this Ordinance shall, if such application, particulars, returns, account or written state- ment be incorrect either in whole or in part, whether the same be signed by him or not, be guilty of an offence, unless he proves that he did not know the same to be incorrect and that the incorrectness was not due to any negligence on his part.
21. The following new sections are inserted in the new sections principal Ordinance immediately after section 87 there-
87 A and 88
in Ordinance
of :-
No. 9 of
1911.
Amendment
Obligation to give information.
of Ordinance
No. 9 of
1911, s. 89.
Improper possession
of labels, etc.
87A. Every person who is required by the Superintendent, or by any revenue officer authorised thereto in writing by the Superin- tendent, either generally or for a particular occasion, to give any information on any sub- jeer which it is the duty of the Superintendent or revenue officer to inquire into under this Ordinance, mud which it is in the power of such person to give, shall give such informa- tion forthwith: provided that nothing in this section shall have the effect of enabling the Superintendent or any revenue officer to put any question to, or to require any answer from, any person who has been charged with an offence against this Ordinance or in whose case the Superintendent has decided to pro- secute under this Ordinance.
88.-(1) No person shall, without lawful authority or excuse, have in his possession any label, wrapper or mark issned by the Superintendent for use under this Ordinance.
(2) No person shall, without lawful author- ity or excuse, have in his possession, with intent that it may be used again, any such label, wrapper or mark which has been removed from any cask, jar, bottle or any other receptacle of whatever nature.
(3) No person shall, without lawful author- ity or excuse, have in his possession any label, wrapper or mark so resembling any such label, wrapper or mark as to constitute a colourable imitation thereof, or shall have in bis possession any die, block or type apparently intended for the production of any such label, wrapper or mark.
(4) For the purposes of this section, "label", "wrapper or mark", "die", "block", and "type", shall be deemed respectively to include any portion of a label, wrapper or mark, die, block or type.
22. Section 89 of the principal Ordinance is amended as follows:-
(a) by inserting (1)" immediately after the figures
"89";
(b) by inserting the words " upon summary convie- tion" immediately after the word "shall" in the ninth line;
(e) by adding the following sub-section at the end
thereof :-
(2) If the magistrate is of opinion that any offence committed against this Ordi- uance was committed with intent to avoid payment of any duty payable under this Ordinance, he may at his option impose a
fine not exceeding two thousand dollars, or a fine not exceeding ten times the amount of the duty payable on the intoxicating liquors in respect of which the offence was committed, notwithstanding the fact that sach fine may be in excess, in the case of a first, second or subsequent offence of the maximum fiues authorised for first second or subsequent offences respectively by sub- scetion (1); Provided that nothing in this sub-section shall affect the power of the magistrate to impose in lieu of or in addition to any fine imposed under this sub-section a sentence of imprisonment for any term authorised by sub-section (1).
23. Sub-section (1) of section 95 is amended by insert- Amendment ing at the end thereof after the word "spirits' the words of Ordinance "and in regard to the manufacture, possession and sule of No. 9 of denatured spirits".
1911, 8. 95,
24. Form No. 12 in the First Schedule to the principal Repeal of Ordinance is repealed.
Form 12 in First Schedule to Ordinance
No. 9 of 1911.
25. The paragraph relating to cating houses and the Repeal of fees payable in relation thereto at the end of the Second part of Schedule to the principal Ordinance is repealed.
Second
Schedule to Ordinance No. 9 of 1911.
26. The Third Schedule to the principal Ordinance is Insertion amended by the insertion of the following form Form of a new after Form No. 3;-
Form 3A
in the Third Schedule to Ordinance
FORM NO. 3A.
[8. 49.]
No, 9 of 1911.
Application for permit, and permit to export dutiable liquors where removal from ship to ship is required.
SIR,
1 hereby declare that I wish to move from S.S..........
་་་
.......
on the..............day of........................................ between the hours of.........a.m. and.. liquors described below
for export to as ship's stores
by the S.S.......... being consigned to
----
19......
.......p.m. the dutiable
The said liquors are
DESCRIPTION OF LIQUORS.
Importing ship
and date of arrival.
Nature of liquors.
Marks on casks, Quantity of
cases, etc.
Exporters.
liquors.
12
Page
Page
Page
13
A
Permission is hereby granted to move the above-men- tioned liquors for export in the manner described, on condition that the said liquors shall be immediately moved from the first ship named above to the second ship named above.
(
Superintendent,
Imports and Exports Office.
NOTE. If the permit is not made use of on the day in respect
of which it is issued, it must be returned within 24 hours to the office of the Superintendent of Imports and Exports.
Passed the Legislative Council of Hong Kong, this 19th day of December, 1929.
E. I. WYNNE-Jones,
Deputy Clerk of Councils.
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