Gambling lo

any per

not being a SAMBUNG mallishment

or insurect.

Providing money for

paketul

rambling or

for a volavinl lottery.

Responthills

of owocn.

Iemand, DC.

Cherung

upbling.

13. (1) Any person who-m

(a) operates or manages or otherwise controls unlawful gambling;

of

(b) in any capacity, either directly or indirectly, assists another person in the Operation, management or other control of un- lawful gambling,

in any place whatsoever (not being a gambling establishment) whether or not the public have or are permitted to have access thereto, or in any street. commits an offence nad is liable on conviction to a fine of $50,000 and to imprisonment for 2 years,

(2) Any person who gambles unlawfully in any such place or in any street commits an offence and ja ljuble 'on conviction to a fine of $10,000 and to imprisonment for 3 months

14. Any person who provides any money or other property to any other person knowing that it is to be used by any person in or for or in connexion with unlawful gambling or an unlawful lottery commits an offence and is able-

(a) on summary conviction to a fine of $500,000 and to imprisonment

for 2 years; or

(b) on conviction an indictment to a fine of $500,000 and to imprison-

ment for 7 years,

15. (1) No person shall-

(a) being the owner, tenant, occupier or person in charge of any premises or place, knowingly permit or suffer such premises or place or any part thereof to be opened, kept or used as a gambling establishment; or

(6) let or agree to let, whether as principal or agent, any premises or place knowing that such premises or place or any parl thereof are or is to be opened, kept or used as a gambling establishment

(2) Any person who contravenies subsection (1) commits an offence and is liable

(7) on summary conviction to a fine of $500,000 and to imprisonment

for 2 years; Or

(b)

on conviction ou indictment to a fine of $500,000 and to imprison- ment for 7 years.

16. (1) Any person who...

(a) by any fraud, misleading device or false practice, before or after or in the course of or in connexion with gambling or a lottery, wins from another person, for himself or for any other person ascertained or unascertained, any money or other property: or (6) fraudulently or by any deception whatsoever by words or conduct, including a deception relating to the past, the present or the future and a deception as to the intentions or opinions of any person, directly or indirectly persuades, incites or induces another person to take part in gambling or a lattery,

commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 10 years.

(2) Notwithstanding any rule of law or practice to the contrary, a witness shall not in any proceedings under this section be regarded as an accomplice by reason only of his baving taken part in the gambling or the lottery.

PART IV

Proof of OFFENCES

17. In any proceedings under this Ordinance-

Proot of Bandor for

(a) it shall not be necessary to prove that the gambling or the lottery money not

involved any money or other property or any wager or stake,

Debatary and

credly become

(b) it shall not be a defence to show that any money or other to detence.

property, or any wager or slake, was not to be collected or was not payable or to be delivered until after the gambling or the drawing of the lottery to which soch money or other property or the wager or stake related,

18. In any proceedings for an offence under section 5, 7, 9 or 10, the burden of proving that any gambling was lawful by virtue of section 3 or that any lottery was lawful by virtue of section 4, shall be on the defendant.

bat-

Burden of proof tha

sury lawful.

gonabilne ar

19. (1) Where in any proceedings under this Ordinance it is proved Preauoplons.

(a) the entry of a police officer to aay premises or place under section

23(2)(a) was prevented, obstructed or delayed;

(b) any premises or place entered under section 23(2)(m) were or was provided with soy means for concealing, removing or destroying gambling equipmčal,

(c) gambling equipment was found in any premises or place entered under section 23(2)a) or on any person found in any such premises or place,

it shall be presumed until the contrary is proved that the premises or place are or is a gambling establishment.

(2) Where in any proceedings under section 6 it is proved that a person was found in a gambling "establishment or that a person escaped from a gambling establishment on the occasion of its being entered under section 23(2)(a), such person shall until the contrary is proved be presumed to have been gambling therein,

20. (1) Where in any proceedings under this Ordinance a court is Admins polity satisfied that a tape recording machine or a tape recording was used in of evidence. or in connexion with the commission of an offence under section 7, then

a tape recording produced by that machine or the tape recording, as the case may be, shall be admissible in evidence and shall be prima facie evidence of any matter recorded thereon.

(2) lo any proceedings under this Ordinance a report in a newspaper circulating in Hong Kong that a particular horse, pony or dog is or was entered as a participant in a particular race, whether or not the race is to be or was held in Hong Kong, shall be admissible in evidence and shall be prima facie evidence that the horse, pony of dog was so entered.

(3) If in any proceedings under this Ordinance a court is satisfied that by experience or otherwise a police officer has expert knowledge of any practice or device used in or for the purpose of the commission of any offence under the Ordinance, the court may receive evidence from that police officer as to the nature, effect or purpose of the practice or device.

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