THE HONGKONG GOVERNMENT GAZETTE, JUNE 4, 1910.
(c.) seize and detain any such poison found in such
place or ship; and
(f) seize and detain any such poison found in the possession of any of the persons against whom his warrant has been issued in any place what- ever within the Colony.
5. All informations to be laid, and all warrants to be Process on issued, and all arrests and seizures to be made under this Sundays. Ordinance may be had or done on Sunday as well as on any other day.
6.-(1.) Every person who shall in contravention of this Penalty. Ordinance conceal or deposit any poison as defined by section 2 or who shall sell expose or offer for salo any such poison in contravention of the Principal Ordinance or who shall fail to couform with any regulation made there- under as to the sale, possession, importation or exportation of such poison as aforesaid shall in lieu of any penalty prescribed by the Principal Ordinance or by any regulation made thereunder be liable on conviction to a penalty not exceeding two thousand dollars or in default of payment to imprisonment with or without hard labour for any period not exceeding twelve months and all such poison in respect of which an offence has been committed shall be forfeited; but nothing in this Ordinance contained shall prevent any person from being liable to any other penalty, damages or punishment to which he would have been subject if this Ordinance had not been passed.
(2.) Any poison as defined by section 2 in respect of Forfeiture which any breach of the Principal Ordinance or of any of poison regulations innde thereunder has been committed other than scized. the breaches for which penalties are imposed in sub-section (1) of this section may be forfeited by the Magistrate to the Crown.
(3.) All proceedings under this Ordinance to recover penalties or to forfeit any poisons shall be taken summarily before a Magistrate.
7.-(1.) When any poison as defined by section 2 is Unclaimed found without being apparently in the possession of any poison. person, or when it is proved to the satisfaction of the Magistrate that it is not possible to proceed against any individual with respect to any poison as to which an offence has been committed against the Principal Ordinance or any regulations made therounder by reason of the fact that the offender is out of the jurisdiction or cannot be found, the Magistrato may cause a notice in English and Chinese to be affixed to the place where such poison has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2.) If no person makes such claim within a period of one week from the affixing of such notice or if any such claim is made within the said period of one week but is not subsequently substantiated to the satisfaction of a Magis- trate, such poison shall be forfeited to the Crown.
8. The Magistrate may in his discretion employ an Making of analyst or other skilled person to report upon any technical analysis. point which may be in dispute in any prosecution under this Ordinance, and may, in his discretion order the payment of such analyst or skilled person by the party in fanit, or out of any fino recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.
At the bearing of any such prosecution the production of the certificato of the Government Analyst shall be sufficient evidence of the facts therein stated unless the defendant requires that the Analyst should be called as a witness.
9. The Magistrate may dismiss any charge or complaint. Vexatious under this Ordinance on the ground that such charge or proceedings. complaint is frivolous or vexations although the commission of an offence be proved and when a charge or complaint is dismissed if it is dismissed on the ground that such charge or complaint is frivolous or vexatious or the Magistrate is of opinion that such charge or complaint was supported by evidence false to the knowledge of the person bringing such charge it shall be the duty of the Magistrate to impose on the person bringing such charge or
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