191880-1932-Supplementary-Draft-Bill--Opium — Page 11

Compensa-

tion for unsuccessful

search to be paid by Superin- tendent.

Manner of seizure not to be

216

(b) limited, so as to embrace only a portion of those powers; or

(c) particular, for a particular occasion.

32. If any search made under this Ordinance is unsuc- cessful and there is no reason to suppose that any opium liable to forfeiture under this Ordinance has been thrown away or otherwise disposed of in order to avoid detection, the Superintendent shall make good any damage caused thereby. No action shall be maintainable in respect of any such damage. In the event of any dispute as to the fact or amount of any damage, the dispute shall in every case be decided by the Superintendent or by some person nominated by him for that purpose.

Miscellaneous.

33. In any proceedings before a magistrate or on appeal to the Supreme Court relating to the seizure of any opium, inquired into. implements, or other articles, the seizure whereof is authorised by any of the provisions of this Ordinance, it shall be lawful for such magistrate and for the judges, 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 in so far as the manner and form of seizure may be evidence on such merits.

Rules as to secrecy of information

and protec- tion of informers.

Magistrate may permit accused

persons

to give evidence for prosecution

in certain

cases,

Accused

assisting

34.-(1) Except as hereinafter mentioned, no informa- tion laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding, and no witness shall be obliged to disclose the name or address of any informer or to state any matter which might lead to his discovery, and if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding contain any entry in which any such informer is named or described or which might lead to his discovery, the court or magistrate 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.

(2) But if, in any proceedings before a magistrate for any offence against any provision of this Ordinance, the magis- trate, after full inquiry 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 court or 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 court or magistrate to require the production of the original information, and to permit inquiry and require full disclosure concerning the informer.

35.-(1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

(2) Every person so permitted to give evidence, who shall persons thus in the opinion of the magistrate make, true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full

prosecution

to obtain

indemnity

from prose-

cution.