CO129-574-7 Proposal to revise legislation relating to opium reward fund 10-8-1938 - 17-10-1938 — Page 16

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Presump- tions.

Superin- tendent's

certificate

Schedule.

Form No. 5.

Offences.

discovery of all things as to which he was examined, and such certificate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

36.-(1) Every person who is proved to have had in his possession or under his control any thing whatsoever con- taining opium, or the keys of any box, drawer or other receptacle whatsoever containing any opium, shall, until the contrary is proved, be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein contained.

(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title, including any baggage receipt or any docu- ment or thing intended to serve the purpose of a baggage receipt, relating to any thing whatsoever containing any opium, shall, until the contrary is proved, be deemed to have been knowingly in possession of, and to have known the kind. of, the opium therein contained.

(3) The presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the opium in question.

37.(1) A certificate in the form of the Superintendent's Certificate set out in the Schedule, signed by the Superinten- dent, or by an Assistant Superintendent, if it purports to relate to any opium, shall in any proceeding be conclusive evidence as to the facts stated therein.

(2) Any such certificate purporting to be signed by the Superintendent, or by an Assistant Superintendent, shall, until the contrary is proved, be deemed to have been signed by the Superintendent, or by an Assistant Superintendent as the case may be.

Offences and penalities.

38.-(1) Every person who-

(a) acts in contravention of, or fails to comply with, any provision of this Ordinance or of any regulation made thereunder; or

(b) acts in contravention of, or fails to comply with, the conditions of any licence or permit issued or authority granted under or in pursuance of this Ordinance; or

(c) for the purpose of obtaining, whether for himself or for any other person, the issue, grant or renewal of any such licence or permit or authority as aforesaid, makes any declaration or statement which is false in any particular, or knowingly utters, produces or makes use of any such declaration or statement or any document containing the

same; or

(d) in the Colony aids, abets, counsels or procures the commission in any place outside the Colony of any offence punishable under the provisions of any corresponding law in force in that place, or does any act preparatory to, or in furtherance of, any act (wherever to be committed) which an offence if committed in the Colony would constitute against this Ordinance,

shall be guilty of an offence against this Ordinance.