79 a.
Making of analysis.
Vexatious
(2.) No Police Officer or other person having any opium seized under the provisions of this Ordinanco in his possession for the purpose of retaining the same until forfeiture or until its disposal is determined upon by the Governor or afterwards for the purpose of giving effet to such order of disqusition, shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 39 of this Ordinance or otherwise.
Procedure,
79. The Magistrate may, in his discretion, ewploy an analyst or other skilled person to report upon any technical point which may be in dispute in any pro- secution under this Ordinance, and may, in his dis cretion, order the payment of such analyst or skilled person by the party in fault, or out of any fine recover- ed from either party, or out of the proceeds of any forfeiture ondored by such Magistrate.
80. In dismissing any large or complaint noder proceedings. this Ordinance on the ground that such charge or com- plaint is false or frivolous or vexatious, ir shall be the duty of the Court to impose on the person bringing such charge or complaint a penalty not excoeling that which the defendant would have incurred if be had been convicted on such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise iu curred in respect of his said charge or complaint or of his evidence in support thereof.
Warrant improperly obfalued.
Frocedure relating to
case of *eizure of opium, etc.
81. Over-and above all other liabilities and penulties to which, by this Ordinance or otherwise, any person may become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and with- out sufficient cause any search warrant under this Ordinance, the said person shall be further able to the penalties specified in section 84, to be enforced and levied as hereinafter provided.
F Magistrato
or
82. to any proceedings before on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorized by any of the pro- visions of this Ordinance, it shall be lawful for such Magistrate und for the Judges of the said Court, and they are hereby respectively required, to proceed in such cases on the merits only, without re- ference to matters of form and without inquiring into the muuer or form of making any seizure, excepting in so far as the manner and form of seizure my be evidence ou sneh merits.
no
Rules as to 33.-0) Except as hereafter mentioned, in- informaation formation laid under this Ordinance shall be admitted and in-
in evidence in any civil or criminal proceeding, and no formers.
witness shall be obliged to disclose the name or address of any informer or to state any watter which might lead to his discovery, and if any booles, documents of papers which are in evidence or liable to inspection in any civil or criminal proceeding contain any entry in which any such informer is named or described or which might lead to his discovery, the Court or Magistrate shall cause all such passages to be concealed from view or to be obliter- ated so far us may be necessary to protect the informer from discovery, but no further,
(2.) But if, in any proceedings before a Magistrate for any offence against any provision of this Ordinance, the Magistrate, after full inquiry into the case, believes that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the Court or Magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the Court or Magistrate to require the production of the original information, and to permit inquiry and require full disclosure concerning the
informer.
(Juctions 36,37
72
Tabr
(8.) Whenever a house or floor of a house wholly in the occupation of one Chinese family has been misuccessfully searched for opium, and whenever the Captain Superintend- ent of Police has reason to suspect that a search warrant for oplam has been obtained on false information, the Opium Faruer shall furnish confidentially to the Captain Superintendent of Police the name and a dress of the informer.
Penalties.
84. Every omission or neglect to comply with or act. Penalties in done contrary to the provisions of this Ordinance shall be cases not specially deemed an offence, and for every offence against this Ordin- provided for. ance or against any regulation made thereunder, not other- wise specially provided for, the offender shall, in addition
to any forfeiture of opium and implements provided for by this Ordinance, be liable, on summary conviction, to the following penalties :---
(a.) for every first offence, a penalty not exceeding five hundred dollars or imprisonment, with or without hard labour, for any term not exceeding three months: and
(6.) for every subsequent offeace, a penalty not ex- eceding one thousand dollars or imprisonment, with or without hard labour, for any term not execcding six months.
85. A portion, or exceeding one half, of the pecuniary Appropri- penalty recovered from any offender against this Ordinanco ation of uay, in the discretion of the Magistralc, be awarded to the pelties informer, and in every case relating to prepared spinnaß m dross opium, opinn dress, balanthe remainder of any #uch penalty recovered shall be paid to the Opiuma Farmer, except in the cases provided for by seetis of this Ordinance or in cases where the Opium Farmor himself or his licensees are conviered of any offence under this Ordin-
unee,
384
mpounds morphine
88. Every person who assaults, resists, or wilfully Punishment obstructs any Excise Officer in the due execution of his of person
assaulting, duty shall be guilty of a misdemeanor, and, being convicted etc., Excise thercof, shall be liable, in the discretion of the Magistrate, Officer. to a penalty not exceeding two hundred and fifty dollars or to imprisonment, with or without hard labour, for suy term not exceeding one year.
87. Every person who, under the provisions of this Penalty for giving false Ordinance, makes any application or supplies any particulars, particulars. relan, or account, or other written statement required by this Ordinance to be made or supplied shall sign the same himself or by his agent thereunto lawfully authorized in writing; and if any such application, particulars, return, account, or other statement is or are false or incorrect, either in whole or in part, to the knowledge of the person so anking or supplying the same, whether the same is or are signed by himself or by his agent, such person shall, in every case not otherwise provided for by this Ordinance, ou summary conviction before a Magistrate, be liable to a penalty not exceeding one thousand dollars for the first offence and two thousand dollars for every subsequent offence; and such agent shall also and in like manner, if offending, be liable to penalties of the like amount.
88. Any hail estreated for any offence under this Ordin- Payment of bail estreal- ance, with respect to which the Opium Farmer appears as ad to Opium prosecutor, may in the discretion of the Magistrate he for- Farmer. faited and paid to the Opium Farmer.
89. If any person charged with any offence under this Giving false Ordinance gives a false name, or, with intent to procure name, etc. his discharge or acquittal, produces or offers in evidence, or causes to be produced or offered in evidence, any certificate required by this Ordinance which is proved, to the satisfaction of the Magistrate, to have been issued to any other person or to be forged, he shall, on summary conviction, be liable to a penalty not exceeding one hundred dollars, in addition to any other punishment or penalty to which he may by Jaw be liable.
90, Every person who-
Attempt,
mit offence.
(6.) attempts to commit any offence in contraven- etc., to com-
tion of this Ordinance; or
No comments yet.
Private notes are available after approval.