Amendment of section 23.
Amendment of section 28.
Amendment of section 29,
Amendment of section 39.
Amendment of section 46.
6
(b) where no goods to which this Ordinance applies were carried, a single statement to that effect shall suffice.”.
15. Section 23 of the principal Ordinance is amended by deleting "of comprador" in subsection (2) and substituting the Following-
"or comprador".
16. Section 28 of the principal Ordinance is amended by deleting "section 25" in subsection (1) and substituting the follow- ing-
"section 26".
17. Section 29 of the principal Ordinance is amended by deleting all the words after "account:" in subsection (1) and substituting the following-
"a deficiency shall be deemed not sufficiently accounted for unless it is shown to the satisfaction of the Director to have been caused by natural waste, leakage, breakage or by some other accident or event, other than an error in accounting. which the licensee could not reasonably have foreseen.",
18. Section 39 of the principal Ordinance is amended- (a) by inserting after "import of" the following--
at any time";
(b) by deleting the comma at the end of paragraph (g) and
substituting the following--
or":
(c) by inserting after paragraph (g) the following-
“() any quantity of methyl alcohol,”; and
(d) by deleting "at any one time.**.
19. Section 46 of the principal Ordinance is amended- (a) by deleting "22, 24, 35, 36, 37, 38, 39, 55, 56, 57, 58," in
subsection (1) and substituting the following-
**19, 20, 22, 23, 24, 35, 36, 37, 38, 39, 55, 56, 57, 58,
61.":
(b) by inserting after subsection (1) the following-
"(IA) Any person who contravenes any condi- tion, restriction or direction lawfully imposed or given under this Ordinance shall be guilty of an
*
offence and, in addition to any forfeiture which may be ordered, shall be liable on summary conviction to a fine of ten thousand dollars and to imprison- ment for one year."; and
(c) by deleting the fine presented by subsection (1)" in
subsection (2) and substituting the following-
"any fine imposed under subsection (1) or (1A)".
20. The principal Ordinance is amended by adding the following new section after section 46–
"Liability
for acts of Servants.
46A. (1) Where an offence against this Ordin. ance is committed by a servant of a licensee, the licensee shall, without prejudice to the liability of any other person, also be guilty of that offence but shall not be liable to any term of imprisonment.
(2) Where a prosecution is brought against a licensee by virtue of this section in respect of an offence committed by a servant, it shall be a defence-
(a) in the case of an offence against section 61,
72, 73 or 74, if the licensee shows that he exercised such control over the servant as would ensure that the servant was not likely to act in contravention of that section; or
(6) in the case of any other offence, if the licen- see shows that he took all practicable steps to prevent the commission of the offence. (3) Where a licence is granted to any person wholly or partly for the benefit of a company refer- ences to "licensee” in this section shall be read as including references to the company.".
21. Section 48 of the principal Ordinance is amended, in subsection (12), by inserting after "forfeiture" the following-
"if, within six weeks after the article or thing is condemned as forfeited, notice in writing of such moral claim is given either personally or by registered post to the Clerk of Councils".
22. Section 50 of the principal Ordinance is amended by deleting "prescribed" in subsection (2) and substituting the follow- ing-
"public".
Addition of new section 46A..
Amendment of section 48.
Amendment of section 50.