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

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(2) Every person who attempts to commit an offence s. 38 contd.] against this Ordinance, or solicits or incites another person to commit such an offence, shall, without prejudice to any other liability, be liable upon summary conviction to the same punishment and forfeiture as if he had committed an offence under this Ordinance.

(3) Where a person convicted of an offence under this Ordinance is a company, the chairman and every director and every officer concerned in the management of the company shall, unless he proves that the act or omission constituting the offence took place without his knowledge and consent, be guilty of the like offence, and shall, notwith- standing the provisions of section 2 (1) (i), be liable to all the penalties and consequences to which a natural person would be liable upon conviction of the said offence.

(4) Where the person convicted of an offence under the Ordinance is a firm, every partner in the firm and every person concerned in the management of the firm shall, unless he proves that the act or omission constituting the offence occurred without his knowledge and consent, be guilty of the like offence, and shall, notwithstanding the provisions of sec- tion 2 (1) (¿), be liable to all the penalties and consequences to which a natural person would be liable upon conviction of the said offence.

(5) Notwithstanding the provisions of any enactment which prescribes the time within which proceedings for an offence punishable upon summary conviction may be com- menced, any summary proceedings for an offence under this Ordinance, or for attempting to commit such an offence, or for soliciting or inciting another person to commit such an offence, may be commenced either within the time so pre- scribed or within six months from the date on which evidence sufficient in the opinion of the Superintendent to justify a prosecution comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section, a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(6) For the purposes of sub-section (5), the issue of a summons or warrant shall be deemed to be the commence- ment of proceedings, whether such summons or warrant is executed or not.

(7) For the purpose of removing doubts, it is hereby declared-

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other enact- ment, any term of imprisonment imposed under this Ordin- ance on any person by a magistrate in respect of the non-payment of a fine imposed under this Ordinance may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.

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