108
THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.
It an un- successful
compensa- tiou to be paid.
(6.) 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 part of this Ordin- ance or the rules or regulations made there- under or under Part III of this Ordinance. (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.
73. If any search made without warrant under this Ordinance be unsuccessful and there be no reason to suppose search made that any intoxicating liquors denatured spirits or other articles fiable 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 damage caused 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 amount shall be ascertained by a Magistrate and the Superintendent shall pay such amount so ascertained immediately upon production by the aggrieved person of a certificate thereof under the hand of the Magistrate.
Issue of search
warrant by Magistrate.
Recovery of fines and forfeitures.
Adjudication of fine and disposal of forfeited articles.
Manner of seizure not to be enquir ed into by Court.
PART III.
Warrants, Froeredings, Offences, Penalties and Forfeitures,
74. Whenever it appears to any Magistrate upon the oath affirmation or declaration of any person of repute that there is good cause to believe that there are in any build- ing 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 or 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- tured spirits or other articles in his or their possession custoly or control.
75. 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 but proceedings for the recovery of any such fine or penalty shall be commenced within six months after the offence was committed.
76.-(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 be destroyed or otherwise disposed 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.
any
77. On any trial before any Magistrate and in any proceedings on appeal in the Supreme Court relating in of the above cases to the seizure of articles subject to restriction under this Ordinance it shall be lawful for such Magistrate or Court and such Magistrate or Court is hereby required to proceed to such trials and to the hearing of such appeals on the merits of the case only without reference to matters of form and without enquiring into the manner or form of making any seizure excepting in so far as the manner or form of seizure may be evidence on such merits
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