CO129-504-15 Various ordinances 4-4-1927 - 29-11-1927 — Page 27

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qualification rather than to such

vaguer questions as the question of

lawful excuse in the case of possess-

-ion of implements fit for house-

-breaking purposes, where also the

onus on a particular issue rests on

the accused, or the question of guilty

knowledge in the case of receiving,

where the onus rests on the prosecu-

-tion throughout. It is not to be

anticipated that the new section 86

will be applied in practice with un-

-necessary strictness against the

accused.

There is undoubtedly a great deal of evasion of the liquor

duties at present.

5.

The provisions of sub-sections (3) and (4) of the new

section 86 are very peculiar and rather complicated, but they

were inserted by way of compromise in the course of an informal

discussion on the bill which took place between the first and

second readings. The discussion was chiefly with a prominent

Chinese solicitor who frequently represents the Chinese wine

merchants, the persons chiefly concerned.

were in fact drafted by him.

6.

The sub-sections

Section 4 of this Ordinance repeals section 65 of the

principal Ordinance.

The latter part of that section now

The former part of the

appears in the new section 86(5).

old section 65 seemed clearly too wide, for one effect of it

was to make it an offence for the licensee of a licensed ware-

house to keep dutiable liquors on bis licensed premises.

Possession of dutiable liquors is dealt with in the new sec-

-tion 59(1) which is enacted by section 3 of this Ordinance.