1971-HKRS28-8-38_Part03 — Page 37

Repeal and replacement of section 47.

8.

Section 47 of the principal Ordinance is repealed and replaced by the following-

"Presump- tion of

possession

and knowl-

edge of

dangerous

drug.

(Cap. 36)

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

(a) anything whatsoever containing a dangerous

drug:

(b) the keys of anything whatsoever containing

a dangerous drug;

(c) any place or premises or the part of any place or premises in which a dangerous drug is found:

(d) the keys of any place or premises or part of any place of premises in which a dangerous drug is found,

shall, until the contrary is proved, be presumed to have had such drug in his possession.

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

(2) a 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 to goods as defined in section 2 of the Sale of Goods Ordinance, namely, a dock warrant, à godown warrant or receipt, a warehouse keeper's certificate, warrant or order for the delivery of goods or a baggage receipt or a document or thing intended to serve the purpose of a baggage receipt.

relating to any thing containing a dangerous drug shall, until the contrary is proved, be presumed to have had such drug in his possession.

(3) Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug.

(4) The presumptions provided for in this sec- tion shall not be rebutted by proof that the defend- ant never had physical possession of the dangerous drug.",

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9. Section 48 of the principal Ordinance is amended in sub. section (1) by inserting after "place" in the second place where it occurs the following---

"or premises".

10. The First Schedule to the principal Ordinance is amended-

(a) in paragraph 1 of Part I, by deleting "Diamorphine"

and substituting the following-

"Diacetylmorphine":

(b) by deleting "admixture" wherever it occurs and sub-

stituting the following-

“mixture":

(c) by deleting paragraph 9 of Part I and substituting the

following

“9. Opium and opium water."; and

(d) in the heading to Part IV, by deleting "persons in

registrar's list kept" and substituting the following-

"listed sellers of poisons".

11. The Third Schedule to the principal Ordinance is amended in the third column of item 3 by deleting "(2)" and substituting the following-

Passed by the Hong Kong Legislative Council this 18th day of August, 1971.

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk in the Legislative Council.

Amendment of section 43.

Amendment of First Schedule,

Amendment of Third Schedule.