(Cxp. 263
Presumption coneeming divans.
Negative averments.
Amendment of Schedules.
30
(2) Any person who is proved to have had in his possession or custody or under his control or subject to his order...
(a) a document of title to goods, as defined in section 2 of
the Sale of Goods Ordinance; or
(b) any of the following documents, whether or not they are documents of title as defined in section 2 of the Sale of Goods Ordinance, namely, a dock warrant, a godown warrant, a warehouse keeper's certificate, warrant or order for the delivery of goods or a baggage receipt or a document or thing intended to serve the purpose of a baggage receipt.
relating to any thing containing a dangerous drug shall, until the contrary is proved, be presumed to have had such drug in his possession.
(3) Any person who is proved or presumed to have bad a dangerous drug in his possession shall, until the contrary is proved. be presumed to have known the nature of such drug.
(4) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical posses- sion of the dangerous drug.
48. (1) Whenever a pipe, or an article of equipment or apparatus, fit for the smoking, inhalation, ingestion or injection of a dangerous drug is found in any place or premises, it shall be presumed, until the contrary is proved, that such place is a divan.
(2) Any person found in or escaping from a divan shall. until the contrary is proved, be presumed to have been smoking, inhaling, ingesting or injecting a dangerous drug therein.
49. For the avoidance of doubt, it is hereby declared- (a) that in proceedings for an offence under this Ordinance or for conspiracy to commit an offence under this Ordin- ance it is not necessary to negative by evidence any licence, certificate, authorization or other matter of exception or defence; and
(b) that the burden of proving the same lies on the person
seeking to avail himself thereof.
PART VIEL
MISCELLANEOUS.
50. The Governor may by order amend the Schedules.
31
SL (1) The Governor in Council may make regulations for all or any of the following matters-
(a) the keeping of registers and other records by persons authorized by or licensed under this Ordinance to manu- facture, procure, supply or possess dangerous drugs, and the furnishing of information by such persons;
(6) the preservation of such registers and records and of other documents kept, issued or made pursuant to or for the purposes of this Ordinance;
(c) requirements with respect to prescriptions;
(d) the marking of packages and bottles containing danger-
ous drugs:
(e) the period for which a licence issued under section 18
is valid;
(f) the fees payable on the issue of a licence under section
18:
(g) the form of any document, other than a licence or certificate, required by, under or for the purposes of this Ordinance.
(2) Regulations made under this section may provide that a contravention of specified provisions thereof shall be an offence and may provide penalties therefor not exceeding a fine of fifty thousand dollars and imprisonment for three years.
52. (1) For the purposes of this Ordinance. any police officer and any member of the Preventive Service may---
(a) stop, board and search any ship, aircraft, vehicle or train which bas arrived in Hong Kong (not being a ship of war or a military aircraft), and remain thereon as long as it remains in Hong Kong:
(b) search any person arriving in Hong Kong or about to
depart from Hong Kong:
(c) search any thing imported into or to be exported from
Hong Kong:
(d) stop, board and search any ship, aircraft, vehicle or train if he has reason to suspect that there is therein an article liable to seizure;
(e) enter and search any place or premises if he has reason to suspect that there is therein an article liable to seizure; or
Regulations
Power of authorized officers.