20066-1911-Ordinances-passed-and-assented-to--Liquors-Consolidation-No-9-of-1911 — Page 18

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

tions and

78. Every requisition revived and a copy of every Extracts permit issued by the Superintendent shall be entered in from register the Superintendent's office in a book or books and the of requisi- production of any extracts from the said books or of any permits to be certificate as to requisitions for and grants of permits evidence. certified or purporting to be certified under the hand of the Superintendent shall on the trial of any person charged with an offence under this Ordinance be proof of the facts set out in the said extracts and certificates till the contrary be shown by or for the person so charged and the absence of requisitions and of copies of permits from the said books shall be proof till the contrary is shown in like manner that application has not been made for the permit required and that the permit has not been issued.

be sufficient evidence.

79. At the hearing of any charge under this Ordin- Certificate of ance the production of a certificate purporting to be signed Government by the Government. Analyst shall be sufficient evidence of Analyst to the facts therein stated, unless the defendant requires that the Analyst should be called as a witness, but if the defendant shall require the Analyst to be called the Magistrate may order him in addition to any other penalty to pay a fee of $25 for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable, and to be paid into the Treasury.

80. The Magistrate hearing any charge under this Magistrate Ordinance may employ an analyst or other skilled person may employ to report on any technical point, and may order the pay an analyst ment of the fee of such analyst by the defendant in addi- to report on tion to any other penalty, and such fee shall be recoverable points. in the same way as a penalty imposed under this Ordinance is recoverable.

technical

81. It shall be lawful for the Governor to suspend or Governor stop any proseention or proceeding instituted or proposed may stop To be instituted under this Ordinance and to direct the proceslings refund of the whole or any part of any fine or penalty and an order the restoration of the whole or any portion of any articles of articles ordered to be forfeited to any person from whom the same forfeited. may have been taken.

restitution

Protection of

82. Except as hereinafter mentioned no information laid under this Ordinance shall be admitted in evidence in any informers civil or criminal proceeding whatsoever and no witness from dis- shall be obliged or permitted to disclose the naine or overy. address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court 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. But if on the trial of any offence under this Ordinance the Magistrate after full enquiry 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 Magistrate is if opinion that justice cannot be fully done between the parties thereto without the discovery of the informer it shall be lawful for the Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.

83.-(.) Whenever two or more persons shall be Examination charged with any offence against this Ordinance the of accused Magistrate may permit one or more of them to give persons. evidence as a witness or witnesses for the prosecution.

(2.) Every person so permitted to give evidence who Indemnity if shall in the opinion of the Magistrate make true and true and full full discovery of all things as to which he is lawfully discovery examined shall be entitled to receive a certificate of indem-made. nity under the hand of the Magistrate stating that he has made a true and full discovery of all things as to which he was examined and such certificate shall be a bar to all

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