1957-HKRS29-8-24_Part02 — Page 33

Addition

of new sections

7A and 7B.

3.

The principal Ordinance is amended by the addition, after section 7, of the following new sections—

"Prohibition of use of franking machines without a

7A. (1) Except under and in accordance with a licence issued under this Ordinance, no person shall use a franking machine for the purpose of stamping licence, etc, any instrument chargeable with stamp duty.

Regulations.

(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable to a fine of five thousand dollars and to imprisonment for six months:

Provided that it shall be a defence for any person charged with an offence against subsection (1) to prove that he had reasonable grounds for believing that the franking machine had been used under and in accord- ance with a licence issued under this Ordinance.

(3) Whenever in any prosecution for an offence against subsection (1) It is proved that the accused had in his possession a franking machine, it shall be presumed, until the contrary is proved, that such machine had been used for the purpose of stamping instruments chargeable with stamp duty.

(4) Any franking machine in respect of which an offence has been committed against subsection (1) shall, upon application to a magistrate, be forfeited whether or not any person has been convicted in respect of such offence.

78. (1) The Governor in Council may by regula- tion prescribe or provide for-

(a) the issue and cancellation of licences to use a franking machine for the purpose of stamp- ing instruments chargeable with stamp duty; (b) the control of the use of franking machines for such purposes and matters connected therewith;

(c) the form and conditions of any such licences

and of applications therefor;

(4) the die to be used in any such franking machine and the colour of any stamp made thereby.

4.

(2) Regulations made under this section may provide that contravention of specified provisions of such regulations shall be an offence and may provide penalties therefor;

Provided that no penalty sa prescribed shall exceed a fine of five thousand dollars and imprison- ment for six months.".

ment of

The new section 7A added to the principal Ordinance by Commence section 3 of this Ordinance, shall not come into operation until TAW a day to be appointed by the Governor by Proclamation published section 7A. in the Gazette.

Passed the Legislative Council of Hong Kong, this 31st day of July, 1957-

(Secretariat GR3/2306/56)

взодат

Deputy Clerk of Councils.