12382-1909-Bill-read-a-first-time--Liquors — Page 11

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 10, 1909.

(2.) In every action so brought it shall be expressly Malice to be alleged that the defendant acted maliciously and without alleged. reasonable or probable cause and if at the trial the plaintiff shall fail to prove such allegation juigment shall be given for the defendant.

(8.) Though judgment shall be given for the plaintiff Costs, in any such action such plaintiff shall not have costs against the defendant unless the Court before whom the action is tried shall certify its approbation of the action,

PART VIII.

Offences.

45. Every person who shall import or aid abet procure Importing or or be interested or concerned in or knowingly derive any profit being con- from the importation of any intoxicating liquors or dena- cerned in tured spirits contrary to the provisions of this Ordinance the importa- shall be guilty of an offence against this Ordinance.

tion of in- toxicating liquors or denatured spirits.

46. Every person who shall contrary to the provisions of Being in this Ordinance receive into or have in his possession possession of custody or control any intoxicating liquors on which the intoxicating

liques on duty leviable by law shall not be proved to have been paid which daty or which have been illegally imported made or prepared has not been shall be guilty of an offence against this Ordinance, paid or of in- Provided that no person shall be convicted under this toxicating section if he proves to the satisfaction of the Court before liquors

illegally im- which he is tried that he had good and sufficient reason to ported inade believe that such duty had been paid or that such in- or prepared. toxicating liquors had been legally imported or legally

manufactured.

47. Every person who shall under the provisions of this Making false Ordinance deliver any requisition or supply any particulars requisition, returns or account or other written statement required by return, etc. this Ordinance or by any rule made thereunder shall if such requisition partienlars return account or written statement be false or incorrect either in whole or in part to the knowledge of the person so making delivering or or supplying the same whether the same be signed by him or not be guilty of an offence against this Ordinance."

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PART IX.

Penalties and Forfeitures.

48. Every person who assaults resists or wilfully Penalty for obstructs any revenue officer in the execution of his duty obstructing shall be liable in the discretion of the Magistrate to or assaulting penalty not exceeding two hundred and fifty dollars or to imprisonment with or without hard labour for one your,

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revenue officer.

49. Any revenue officer who refuses or neglects to re- Penalty for turn his badge to the Superintendent in contravention of refusing or section 28 (4) of this Ordinance shall be liable to a fine not neglecting exceeding fifty dollars or to imprisonment for a term not badge. exceeding three months.

to return

50. Every omission or neglect to comply with and every Other penal- act done or attempted to be done contrary to the provisions ties. of this Ordinance or of any rule made thereunder or permit granted or Order-in-Council issued thereunder shall be deemed to be an offence against this Ordinance and for every such offence not otherwise specially provided for the offender shall in addition to any forfeiture of the article seized as hereinafter provided be liable to the following penalties:-

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(a.) for every first offence a fine not exceeding five hundred dollars or imprisonment with or with- out hard labour for any period not exceeding six months,

(b.) for every second offence a fine not exceed- ing one thousand dollars or imprisonment with or without hard labour not exceeding twelve months,

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