12405-1909-Ordinance-passed-and-assented-to--Liquors-No-27 — Page 8

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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 17, 1909.

Issue of search warrant by Magistrate.

If an un- successful search made compensa- tion to be paid.

(b.) Any person whom he may reasonably suspect to have in his possession any intoxicating liquors denatured spirits or other articles sub- ject to forfeiture under this Ordinance or the

rules made thereunder.

(2.) Every person so arrested shall together with any article as to which an offence may have been committed or attempted to have been committed be taken to a police station.

34. Whenever it appears to any Magistrate upon the outh affirmation or declaration of any person of repute that there is good cause to believe that there are in any building vessel (not being a ship of war or ship having the status of a ship of war) or place any intoxicating liquors or denatured spirits or other articles subject to forfeiture under this Ordinance or under the Regulations made thereunder as to which an offence has been committed or is about to be committed against any of the provisions of this Ordinance 01 the Regulations made thereunder, such Magistrate may, by warrant directed to any European police officer or any European revenue officer empower such officer with such assistants as may be necessary, by day or night (1) to enter and if necessary to break into such building vessel or place and to search for and take possession of any such intoxicating liquors denatured spirits or other articles (2) to arrest any person or persons who may appear to have such intoxicating liquors dena- rared spirits or other articles in his or their possession custody or control,

36. If any search made without warrant under this Ordinance be unsuccessful and there be no reason to sup- pose that any intoxicating liquors denatured spirits or other articles liable to forfeiture under this Ordinance have been thrown away or otherwise disposed of in order to avoid detection the Superintendent shall repack or cause to be repacked any goods unpacked during such search and shall make good any daninge cansed thereby. In the event of any dispute as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising such amonut shall be ascertained by a Magistrate and the Superintendent shall pay such amount so ascertained im- mediately upon production by the aggrieved person of a certificate thereof under the hand of the Magistrate,

Recovery of fines and for- feitures.

Adjudication of fine and disposal of forfeited articles.

PART VII,

Provisions as to Trials and Proceedings.

36. All convictions and fines and penalties under this Ordinance or any regulation made thereunder shall be had and recovered in a summary way before a Magistrate.

37.-(1.) The Magistrate may adjudicate any portion not exceeding half of a fine under this Ordinance to the informer.

(2.) All articles seized and forfeited under this Ordinance shall be sold or if unsaleable he destroyed or otherwise dis- posed of by the Superintendent. The proceeds of any such sale shall be paid into the Treasury as part of the general revenue of the Colony.