1960-HKRS29-8-27_Part01 — Page 34

Amendment

6.

of section 15.

Amendment

4

Section 15 of the principal Ordinance is amended-

(a) by the deletion of subsection (1) and the substitution therefor

of the following-

"(1) Any person who is proved to have had in his possession or custody or under his control any thing whatsoever containing any dangerous drug or the keys of any box, cupboard, drawer or other receptacle whatso- ever containing any dangerous drug or the keys of any premises or part thereof in which any dangerous drug is found shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall until the contrary is proved, be deemed to have known the nature of such drug":

(b) by the deletion of subsection (2) and the substitution therefor

of the following—

"(2) Any person who is proved to have had in his possession or custody or under his control or subject to his order-

(Cap. 26).

(a) any 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 sec- tion 2 of the Sale of Goods Ordinance, namely, any dock warrant, godown warrant, warehouse keeper's certificate, warrant or order for the delivery of goods or any baggage receipt or any document or thing intended to serve the purpose of a baggage receipt,

relating to anything whatsoever containing any dangerous drug, shall, until the contrary is proved, be deemed to have been in possession of such drug, and shall, until the contrary is proved, be deemed to have known the nature of such drug.".-

7. (1) Subsection (2) of section 17 of the principal Ordinance is

of section 17. amended-

(a) in paragraph (4)—–—–—–

() by the deletion of the word "fifty" and the substitution therefor of the following-

"one hundred":

(i) by the deletion of the word "ton" and the substitution therefor of the following-

"fifteen":

(5) in paragraph (5)-

(1) by the deletion of the word "ten" and the substitution therefor of the following-

"fifty":

(ii) by the deletion of the words "twelve months" and the substitution therefor of the following-

"three years".

(2) Section 17 of the principal Ordinance is amended by the addition after subsection (8) of the following new subsection-

"(9) Where it is alleged that each of a number of persons has severally committed a distinct offence contrary to section 104 or paragraph (2) or (5) of subsection (1) of section 22 or a distinct offence of possession of a dangerous drug contrary to section 10. and it is further alleged that each such distinct offence was com- milled by cach such person in the same place and at about the same time, it shall be lawful, notwithstanding anything contained in the Magistrates Ordinance and notwithstanding that it is not (Cap. 227). alleged that any offence has been committed jointly by two or more persons, to accuse all such persons of the distinct offences alleged to have been committed by them individually in charges set forth in one and the same information or complaint and for the proceedings against all such persons for their respective offences to be made the subject of one trial. In this subsection the same definition shall be given to the word "place" as that contained in paragraph (a) of subsection (2) of section 22.".

8. Section 22 of the principal Ordinance is amended-

(a)

by the deletion of subsection (1) and the substitution therefor of the following-

"(1) No person shall---

(a) have in his possession or custody or under his control any pipe, equipment or apparatus fit and intended for the smoking, consumption, ingestion or injection of any dangerous drug. The burden of proof that any such pipe, equipment or apparatus is not intended for such smoking. consumption, ingestion or injection shall be on the defendant;

Provided that the prohibition in this para- graph relating to the possession of equipment or apparatus fit and intended for the ingestion or injection of any dangerous drug shall not apply to a person in possession thereof in the normat course of his lawful profession business or em-

Arcadient of section 22.