1927-09-12 — Page 4

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PROPOSED NEW LEGISLATION.

DUTY ON LIQUOR.

AMBIGUITIES TO BE CLEARED UP.

FACILITATING OF PROSECU. TIONS.

DEFENDANTS TO PROVE DUTY

HAS BEEN PAID.

In the surfent issue of the Gurernment Gazette it is notified

that the Government intends to introduce a new Bill, at next Thursday's meeting of the Legis lative Council for the amendment of the Liquirs Consolidation Ordin- Ance of 1011.

The Bill sets out many altern- tiens in the wording of the original Ordinance and it is explained in the Objects and Reasons that "the Ordinance is introduced because of the cbscurity of a section in the principal Ordinance which is of great practical importance, ie, section S. Attention has been drawn to this subject by a recent case before a magistrate. The scc- tion is open to the following doubts and criticisms, which are put very

shortly--

(a) It seems to hesitate between being a substantive section and an

evidence section.

(b) It is arguable that possession must first be proved by the prosecu tion to be contrary to the pro- visions of (the) Ordinance" before the onus is thrown on the accused of proring that the duty had been paid. This reduces the section to an absurdity in the case where the

Preventing Perfury.

THE PIRACY MENACE.

PROPOSED ALTERATIONS IN THE LAW.

ABOLITION OF GRILLES.

With regard to the throwing of the onus on the defendant, and with regard to the nature of that burden, it may be remarked as follows:—.

(a) It is pecularly difficult for the

prosecution to prove in any Suning Piracy Commission, a case that daty has not been paid.

In consequence of the measures decided upon in the report of the

Bill intituled an Ordinages to

(b) It is easy for the defendant amend the law relating to the sup-

to discharge, the onus. It

duty has been paid there pression of piracy is to be intro- should usually be no difficulty duced into the Legislature Counc in proving that fact, "but it is

suficient for him to prove that next Thursday.

he had good and sufficient

reason to believe that it had In this Bill, a draft of which is been paid.

published in the current Gopera-

grilles on ships for anti-pirary

(e) Proof is dañined as proof bement Gasette, the abolition of

yond reasonable doubt in order to indicate that, ngộ si mere unsupported assertion of purposes and the complete repeal of payment of duty will not ne- the 1914, Piracy Previation Ordin- cessarily discharge the onus,

ance and all the regulations in It is obviously necessary to legislate" for possible dis- force under it is foreshadowed. honesty and perjury. Pay- ment of duty is a definite fact, analogous to the possession of

The Objects and Reasons state: This is one of the mensures

a definite qualification rather decided upon in consequence of the than to such vaguer questions

as the question of lawful ex-report of the Sunning Piracy Com. It repeals the Piracy cuse in the case of possession mission.

of implements it for house- Prevention Ordinance,, 1014, and all breaking purposes, where also the regulations in force there the onus on a particular issueį

rests on the accused, or the under. question of guilty knowledge

It inserts in the Suppression of

in the case of receiving, where Piracy Ordinance, 1868, power to the ohus rests on the prose- cution throughout. It is not to be anticipated that the new section 88 (5) will be applied in practice with unnecessary strictness.

Section 4 of this Ordinance "re-

make regulations for searches of vessels and persons, and any other. regulations which may appear de- sirable for the purpose of prevent- ing picacy: These regulations will

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For Miles and Miles SOCONY GASOLINE

POLICE AND OTHER PENSIONS.

WHEN THEY MAY BE CANCELLED.

REGULATIONS AMENDED.

all relate to things to be done or The regulations regarding pen suffered within the territorial siona of European subordinate limits of the Colony, and the pre- officers and European constables of sent scheme of bonds for the obser- the police force, made by H.E the side the limits of the Colony will in pages 278 to 280 of the Regula- vance of various regulations out-Governor in Council, and set forth

peals, section 65 of the principal Ordinance. The latter part of that section will in future appear in the new section 88 (3). The former part of the present auction 35 seems

A draft of the proposal regala clearly too wide, for one effect of it is to make it an offence for the tiens to be made under Ordinance licensee of a licensed warehouse to shortly. It will be seen that they No. of 1888, will be published

thus disappear.

only element of illegality is the nor. keep dutiable liquors on his licensed contain nothing to require the pro-1

payment of duty.

(e) The section provides that every person who, contrary to the provisions of the Ordinance, has in his possession any intoxicating liquors which have been illegally made shall be guilty of an offence,

premiaca. Possession of dutiable vision of grilles or any other struc liquors is dealt with in the newtural arrangement in any ship. section 30 (1) which is to be enacted by section 3 of this Ordinance.

Unlawful Possession

Section 3 of this Ordinatice sub-

The recommendations of the Sune wing Piracy Commission relating to guards are still under considera. tion.

Clause 3 of the Bill proposes to repeal four sections in the Suppres

CURIOUS SINGAPORE

BANKRUPTCY.

AMAZING CAREER OF

CHINESE DEALER..

FACILITY FOR GETTING CREDIT.

Chinese bankrupt who borrowed The public examination of a

$58,000 in two years when he was already unable to pay off this debts. Was conducted before. Mr. Justice Deane in the Singapore Back- ruptcy Court.

Examined in by Mr. Cocker who appeared for the Official Assignee, Kee Ngiam and said that be start- the bankrupt gave his name as Ho ed a business five years ago with capital of 85,000. He traded in

tions of Hong Kong, 1844-1923, which were amended in April, 1990, are further amended as follows

the following:

By the addition to regulation 1 of jewellery and secondhand goods. In 1923 he made a profit of a little over a thousand dollars. In 1994 he again made a profit of about 8800 but in 1923 and 1926 he made no profit.

The term 'pensioner' as used in these regulations means a per- son who, having ceased to serve as an officer in the polles force, is for except for forfeiture would be in receipt of a periodical or deferred gratuity or allowance under these regulations"; and. by the deltion of the words under: these regulations in the first line of regulation 13; and and the substitution therefor of the by the rescission of regulation 14" which appear to be unneccscary.following regulation:- Section 7 is repealed because there (a) The present sub-section (1) Section 8 is repealed because the is no reformatory in Hong Kong. in terms makes unlawful various cases of lawful posses sion under export permits and removal powers. The sub-section (1) corrects this.

but it is not contrary to the prostitutes a hew section for section 50sion of Piracy Ordinance, 1869,

visions of the Ordinance to be in' possession of intoxicating liquors which have been illegally made.

On the other hand, it is unneces sary for the section to declare it to be an offenes to bo in possession of any intoxicating liquors contrary to the provisions of the Ordinance. Even if the mere prohibition were not enough section 88 makes it clear that contravention of any pro- hibition is an offence.

What A Defendant Has To Show.

Section 5 of this Ordinance re- places section 80 for the principal Ordinanco by a new section 86 which contains the following pro- visions:-

(a) On nay charge of possession of dutiable liquors contrary to the provisions of the Ordin ance it is to be presumed that the liquors were dutiable, i.. that the duty had not been paid, but the defendant can Evoid liability by proving either (i) that the duty had in fact been paid or (ii) that he had! good and sufficient reason to believe that it had been paid.

of the principal Ordinance. The

new features are as follows:-

new

possession of arms is sufficiently dealt with by the Arms and Am- munition Ordinance, 1900, Ordin (b) Under the present sub-section aner. No. 2 of 1000, and stink pots (2) it is only where the are now obsolete. The regulations liquors are in a general bond made under this section which were ed or licensed warehouse that posscasion of liquors unlaw published in the Gazette of August fully imported is an offence. 20th, 1870, ceased to be in force on The new sub-section (1) makes April 12th, 1813, by virtue of the the prohibition general.

previsions of section 5 (2) of the (e) It also prohibits possession of

liquors unlawfully manufac- Regulations Ordinance, 1915, Ordin- tured or prepared. This was ance No. 7 of 1915, and of the suggested by the present form Order made under section 5 (1) of of Section 83 of the principal that Ordinance which was gazetted Ordinance.

(d) The new sub-section (3) on April 1xt, 1015. No regulations allows sales of dutiable liquors have subsequently been made under which are on the licensed pre-rection 8 of the Suppression of mises of holders of distillery Piracy Ordinance, 1888. Section 9 or brewery licences.

(e) The new sub-section (4) proof that Ordinance is repealed be vides that it shall be no de-cause it merely provides that all fence to any charge under enactments, etc., inconsistent with sub-section (1) or (2) that the Ordinance No. 1 of 18089 are to be possession of the accused wa8

of no effect Section 10 is repealed because it merely provides that no thing in the Ordinance is to effect the jurisdiction previously exor-

a joint possession. Section g of this Ordinance makes,

(b) If the defendant produces evi- for the sake of greater clearness,

dence in order to prove either

of those defences the com- two amendments in section 2 of the cised by the Supreme Court.

plainant may then produce re- principal Ordinance which are per- butting evidence upon that isauc.

The haps not strictly necessary.

HONG KONG WAR LOAN.

(e) If any dutiable liquors are term "intoxicating liquors" ob.

found on any licensed pre-

mises it is to be presumed that viously includes "native wines and DRAWING OF BONDS TO TAKE the liquors were in the

PLACE. posses. sion of the licensed This is spirits," though" "native wines' and

based on section 65 of the prin- spirits are not specifically ment is notified in the Government: cipal Ordinance, which is being repealed by section, 4 of this tioned in the definition of that term. Gazelle that pursuant to the pro- Ordinance...

On the other hand the definition of visions of the War Loan Ordinance,

(d) Sub-section (4) simply re-

enacts that part of the proviso the term dutiable liquors" sug. 1916, A drawing of Bonds for re- demption will take place on Men- to the old section 86 which

is not embodied in sub-section seats that native wines and day, September 28th, at 10 a.m.,

(1). It makes it clear that spirits" are not included in the upon a charge of possession

"intoxicating liquors," be- of intoxicating liquors which term were imported, manufactured cause the term "dutiable liquors " or prepared contrary to the is defined as meaning "intoxicating provisions of the Ordinance

the

defendant can avoid liquors and native wines and spirits liability by proving that he on which the duty has not been had good and sufficient reason to believe, that the liquors in paid. The reference to native question were lawfully in wines and spirits is, therefore, now ported, manufactured or pre-being taken out of the definition of pared

the term dutiable liquors ?!.. and (e) In this section proof means being inserted in the definition of

proof beyond reasonable

the term "intoxicating liquor?"""

doubt.

at the Colonial Treasury, when the following bonds will be drawn:

Series A of the nominal valac of 8100 each to the total nominal “value of $25,500.

The bankrupt said that he bor- rowed from others to carry on hia.... business. He admitted borrowing

to the extent of 856,000.

Mr. Cocker told the Court that the bankrupt disappeared and had to be arrested.

money he borrowed, the bankrupt Asked what he did with the

said that he paid off his debts. He Owed Flinter and Company alone $20,000.

Every pension and every period. ical or deferred gratuity or-allow- ance is and shall be deemed to have been granted only on the condition. that the Governor in Council may order that the same be forfeited and withdrawn in any of the following casca :- (1) on the conviction of the pen. manager."

4

The man's career is amazing " said Mr. Cocker. "An employee of a pawnshop, he opens a jewel- ry business with enormous credits and no previous experience and leaves the whole conduct of this business in the hands of a

sioner before any court in Asked what he attributed his His Majesty's dominions or bankruptay to, the bankrupt said elsewhere for any crime or that his manager allowed goods to offence for which he is acn- gd out on credit.

tenced to death, er penal Another curious pot brought servitude, or any term of im-out by Mr. Cocker was the most of prisonment with hard labour, the debtors of this bankruptcy had or may term of imprisonment absconded along with the manager of any other kind exceeding of the shop. Fractically the only twelve months;

good debt shown in the books was

(2) on the pensioner becoming with regard to deposits with the

bankrupt;

Municipated what he proposed to for light and water. When (3) on the pensioner associnting

with thieves or suspected per-de with a view to liquidating bis debts, the bankrupt said that he could do nothing. He could not make even a small contribution out of the 880 a month which he was at present earning.

sons:

(4) on the pensioner refusing to give information and assist ance to the police whenever in his power, for the detec- tion and apprehension of criminals, and for the suppres sion of any disturbance of the public peace; or (6) if the pensioner enters or engages in or continues to carry on any business, occupa- tion or employment, which shall be, in the opinion of the Governor, disgraceful in itself or injurious to the public, or in which he shall make use of the fact of his former em- ployment in the police force in a manner which the Gover- nor considers to be discredit- able and improper. ....... Any pension or periodical or deferred gratuity or allowance- ordered to be forfeited and with- -drawn as aforesaid shall cease na from the date of the cause of such forfeiture...

Provided that if

ADY question shall arise as to the competency of any court as to whether any sentence imposed comes within the intendment of the first para.. graph of this regalation then the decision of the Governor in Coun- cil thereon shall be final and con- clusive.

The examination was closed.— Singapore Free Press.

"shall not deemed to be or to have

the effect of a free pardon,"

And provided further that where a pension, gratuity, or allowance ceases for any reason aforesaid the Secretary of State for the Colonies or, if the pen. sioner is resident in the Colony then the Governor in Council with the approval of the Secretary of State, may cause all or any part of the moneys which the pen- sioner would have been entitled by way of pension, gratuity or allowance during the remainder of the pensioner's life or during any shorter period or periods, either continuous or discontinuous, to be paid to or applied for the benefit of all or any exclusive of the following persons, that is to say, the dependents of the fen- sioner, and the pensioner himself and when his sentence, if any za" aforesaid, shall have expired, --- in such proportions, if there be more than one recipient or bene ficiary, and manner and subject to Provided farther that any pench conditions, qualifications and restrictions as the Secretary of State or the Governor in Concil with such approval as aforesaid, as the case may be, may see fit to direct and impose. Any such directions, conditions, qualifien... tions and restrictions may in liko manner be revised, altered, added to of withdrawn at any time and from time to time.

sion, gratuity or allowance ceas

-Series B-of-the-nominal value-oting as aforesaid shall be restored

2500 each to the total nominal valus of $113,500,-“ Series of the nominal value of $1,000 each to the total -nominal, value of $400,000. Series D of the nominal value of 85,000..cach to the total "nominal value of $355,000

with retrospective effect in the case of a person who alter con- "viction of any time receives a free pardon. For the purpose of this, regulation the enduring of, the penishment to which any person has been or may be sentenced

Continued on vie

+