17442-1910-Supplementary-Bills-read-a-first-time--Pharmacy-Amendment — Page 2

Government Gazette 政府憲報 轅門報 All

151

6. Any poison as defined by section 2 seized in respect Forfeiture of which any breach of the Principal Ordinance or of

of poison any regulations inade thereunder has been committed shall be seized forfeited by the Magistrate to the Crown.

Unclaimed

7-(1.) When any poison as defined by section 2 is 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 thereunder by reason of the fact that the offender is out of the jurisdiction or cannot be found, the Magistrate 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 fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.

At the hearing of any such prosecution the production of the certificate of the Government Analyst shall be sufficient evilence of the facts therein stated unless the defendant requires that the Analyst should be called as a witness.

9. In dismissing any charge or complaint under this Vexatious Ordinance on the ground that such charge or complaint is proceedings. false or frivolous or vexatious it shall be the duty of the Court to impose on the person bringing such charge or complaint a penalty not exceeding that which the defend- ant would have incurred if he had been convicted on such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said per- son may have likewise incurred in respect of his said charge or complaint or of his evidence in support thereof.

10. Over and above all other liabilities and penalties to Warrant which any person may become or be subject in respect of improperly his suing out obtaining issuing or executing improperly obtained. and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable, on suminary conviction before a Magistrate, to the following penalties: ---

(a.) for every first offence a penalty not exceeding five hundred dollars or imprisonment, with or without hard labour, for any term not exceeding three months; and

(b.) for every subsequent offence a penalty not ex- ceeding one thousand dollars or imprisonment, with or without hard labour, for any term not exceeding six months.

11. In any proceedings before a Magistrate or on appeal Procedure before the Supreme Court relating to the seizure of any relating to poison the seizure whereof is authorized by any of the case of provisions of this Ordinance it shall be lawful for such seizure of

poison. Magistrate and for the Judges of the said Court and they are hereby respectively required to proceed in such cases on the merits only without reference to matters of form and without inquiring into the manner or form of making any seizure, excepting so far as the manner and form of seizure may be evidence on such merits.

information

12.-(1.) Except as hereinafter mentioned, no information Rule as to Inid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding, and no witness shall be obliged informers.

and

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.