1968-HKRS29-8-35_Part03 — Page 17

Certificate of corresponding law.

Government Chemist's certificate.

Presumption concerning manufacture

of dangerous drug.

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(3) Nothing in this section shall exclude the application to any offence of any other law authorizing a person to be found guilty of an offence other than that with which he is charged.

PART VII.

EVIDENCE.

43. A document purporting to be issued by or on behalf of the government of a country and purporting to state the terms of a corresponding law in force in that country shall be admitted in evidence, in proceedings for an offence under this Ordinance before any court, on its production by the prosecution without further proof, and such document shall be conclusive evidence.......... (a) that it is issued by or on behalf of the government of

that country;

(6) that the terms of such law are as stated in the documeot;

and

(c) that any facts stated in the document to constitute an

offence under such law do constitute such offence.

44. (1) A certificate in the prescribed form purporting to be signed by the Government Chemist and purporting to relate to a dangerous drug shall be admitted in evidence, in proceedings for an offence under this Ordinance before any court, on its pro- duction by the prosecution without further proof, and-

(a) until the contrary is proved, it shall be presumed that the certificate is signed by the Government Chemist; and (b) such certificate shall be prima facie evidence of all

matters contained therein.

(2) A certificate given for the purposes of subsection (1) may be signed by the Government Chemist when any necessary chemical analysis has been made by a person acting under bis supervision and direction and the Government Chemist is per- sonally satisfied as to the analysis.

45. Where it is proved that a person was found in, or escaping from. any premises, or the part of any premises, in which-

(a) a dangerous drug was being manufactured; or

(b) equipment or material which is referable to the manu-

facture of a dangerous drug was found,

such person shall, until the contrary is proved, be presumed to bave been manufacturing or doing an act preparatory to the manufacture of the dangerous drug.

46. Any person who is proved or presumed to have bad in his possession more than-

(a) ten pots of prepared opium:

(b) one mace (3.78 grammes) of opium (other than opium.

water);

(c) five packets containing any of the following-

(i) morphine;

(ii) diamorphine;

(ii) a salt of morphine or diamorphine;

(iv) an ester of morphine or diamorphine;

(V) a salt of an ester of morphine or diamorphine; or (vi) a preparation, admixture, extract of other sub- stance containing not less than one-fifth per cent of morphine or any proportion of diamorphine or a salt of diamorphine;

(d) one half gramme of any of the following-

( morphine;

(i) diamorphine:

(iii) a salt or morphine or diamorphine;

(iv) an ester or morphine or diamorphine; or (V) a salt of an ester of morphine or diamorphine;

(e) two and one half grammes of a preparation, admixture. extract or other substance containing not less than one- fifth per cent of morphine or any proportion of diamor. phine or a salt of diamorphine; or

() five grammes of barbitons or a salt of barbitone or of a preparation, admixture, extract or other substance containing any proportion of barbitons.

shall, until the contrary is proved, be presumed to have had such dangerous drug in his possession for the purposes of trafficking therein.

47. (1) Any person who is proved to have had in bis possession or custody or under his control-

(a) any thing whatsoever containing a dangerous drugs (6) the keys of any thing containing a dangerous drug; or (c) the keys of the place or premises or the part of any place or premises in which a dangerous drug is found, shall, until the contrary is proved, be presumed to have had such drug in his possession.

Presumption concering possession of dangerous drug for purpose of trafficking therein.

Presumption of possession and knowledge of dangerous drug.