Prohibition
of taking pledge for liquor.
rulegal
possession
of still or
fermented
material, ele.
15 & 16 Geo. 6 & 1. Elix. 2.
30
than half a pint, or except when the liquor is sold in bottles; he shall also measure or weigh such liquors in the presence of any customer who may require him to do so.
57. No person licensed under this Ordinance shall take or receive in payment or pledge for liquor or any entertainment whatever supplied in or out of his house any article or thing whatever, except money.
58. (1) No person shall, except under and in accordance with the prescribed licence, or except with the specific approval in writing of the Director or officer authorized by him in that behalf¬
(a) knowingly keep or have in his possession any still or other utensil or apparatus suitable for making. purifying, refining, distilling, rectifying or processing spirits:
(b) have in his possession, custody or control any fermenting or
fermented material.
(2) No person shall remove any denaturants from any denatured spirits without the specific authority in writing of the Director.
(3) Where there is insufficient evidence to convict a person of an offence under the foregoing aubsections, but it is proved that such an
c. 44. & 16. offence has been committed on some part of the premises belonging to or occupied by that person in such circumstances that it could not have been commilled without his knowledge, that person shall be liable on summary conviction to a penalty of one thousand dollars.
(4) Any person found on premises on which spirits are being unlawfully manufactured, distilled, rectified, purified, refined or pro- cessed may be detained.
(5) All spirits and all stills, vessels, utensils, work, wash and other materials for manufacturing, distilling, rectifying, purifying, refining or processing spirits—
(a) found in the possession of any person who commits an offence
under subsection (1); or
(b) found on any premises on which such offence has been com-
mitled,
shall be ħable to forfeiture.
(6) Notwithstanding any other provisions of this Ordinance relating to goods seized as liable to forfeiture, any member of the Preventive Service by whom anything is scized as liable to forfeiture under this section may at his discretion forthwith spill, break up or destroy that thing.
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59. (1) In any proceedings under this Ordinance relating to illicit Presump- distillation, all spirits and all stills, vessels, utensils, worts, wash or any tions in chattels or things, whether fixed to the premises or nat, found in or upon for illicht
proceedings any land or other premises shall be deemed to have been in the posses- distillation. sion, custody or control of the occupier of the premises unless he proves 13 & 14 that be did not know, and could not with reasonable diligence have Geo. 5, c. 14. known, that such spirits, stills, vessels, utensils, worts, wash or other * 13 (5). such chattels or things were in or upon the premises.
etc.
(2) Every person found in or escaping from any room or place ter. 1 & 2 where, în contravention of this Ordinance or any regulations made
Will 4. c. $5, f. 19.) hereunder, materials are being fermented or fermenting materials or intoxicating liquors are being made or prepared or in which any stills. vessels, utensils or other materials for manufacturing, distilling, rectify. ing, purifying, refining or processing spirits are found or are being made or prepared shall, until the contrary is proved, be deemed to have been unlawfully making, distilling, rectifying, purifying, refining or processing spirits and to be guilty of an offence.
stills for
60. The Director may in his discretion issue a licence free of charge Free licences to any practitioner registered under the Medical Registration Ordinance, for small 1957, or to any pharmacist registered under the Pharmacy and Poisons
registered Ordinance, to keep and use on any specified premises a still of not more doctors and than cight gallons capacity for the purposes only of his profession or phortmacists.
(25 of 1957). (Cap. 138).
busincas.
61. (1) Any person who imports, distills, makes, sella, supplies or Distilling, etc. dents in any adulterated liquor shall be guilty of an offence and shall, adulterated if such adulterated liquor is proved to the satisfaction of a magistrate liquor. to be injurious to health, be liable to imprisonment for twelve months, in addition to any other penalty to which he may be liable under this Ordinance.
(2) In the case of any conviction under this section the magistrate may order that any liquor to which the conviction relates and any similar liquor, whether the same be proved to have been adulterated or not, | which was on the defendant's premises or in his possession or under bis control at the time of the commission of the offence, or which has been seized under this Ordinance, shall be forfeited:
Provided that no such liquor shall be forfeited if it is proved to the satisfaction of the magistrate by the defendant, or by any person into whose possession such liquor may have come, that the same has
not been adulterated or was not for sale.
(3) Any liquor forfeited under this section shall be disposed of as the Director directs,