12382-1909-Bill-read-a-first-time--Liquors — Page 10

688 THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 10, 1909.

Register of 40. Every requisition received and a copy of every per- requisitions mit issued by the Superintendent shall be entered in and permits. the Superintendent's office in a book or books and the

and order

production of any extracts from the said books or of any certificate us to requisitions for and grants of permits certified or purporting to be certified under the hand of the Superintendent shall on the trial of any person charged with an offence under this Ordinance be proof of the facts set out in the said extracts and certificates till the contrary be shown by or for the person so charged and the absence of requisitions and of copies of permits from the said books shall be proof till the contrary is shown in like manner that application has not been made for the permit required and that the permit has not been issued.

Governor

41. It shall be lawful for the Governor to suspend or may stop stop any prosecution or proceeding instituted or proposed proceedings to be instituted under this Ordinance and to direct the refund of the whole or any part of any fine or penalty and articles for the restoration of the whole or any portion of any articles ordered to be forfeited to any person from whom the same may have been taken.

restitution of

feited.

informers from dis- covery.

or

Protection of 42. Except as hereinafter mentioned no information laid under this Ordinance shall be admitted in evidence in any eivil or criminal proceeding whatsoever and no wituess shall be obliged or permitted to disclose the name address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further. But if on the trial of any offence under this Ordinance the Magistrate after full enquiry 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 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 Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.

Examination

of accused persons.

43.-1.) Whenever two OF more persons shall be charged with any offence against this Ordinance the Magistrate may permit one or more of them to give evidence as a witness or witnesses for the prosecution. Indemnity if (2.) Every person so permitted to give evidence who true and full shall in the opinion of the Magistrate make true and discovery

Full discovery of all things as to which he is lawfully examined shall be entitled to receive a certificate of indem- nity under the hand of the Magistrate stating that he has made a true and full discovery of all things as to which he was examined and such certificate shall be a bar to al legal proceedings against him in respect of all such things as aforesaid.

made.

Accused

(3.) Provided always that any person charged with an may tender offence against this Ordinance may if he thinks fit tender himself to be examined on his own behalf and thereupon may give evidence in the same manner and with the like effect and consequences as any other witness.

himself for examination,

Notice of actiones.

44.-(1.) No action shall be brought against any person for any thing done or bonâ fide intended to be done in the exercise or supposed exercise of the powers given by this Ordinance or by any rules made thereunder :-

(a.) without giving to such person one month's previous notice in writing of the intended action and of the cause thereof;

(5.) after the expiration of three months from the

S

*

date of the accrual of the cause of action;

(c.) after tender of sufficient amends.

Page 10Page 11