THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.
31. In all Ordinmures, unless the contrary intention Meaning of appear, the words "outh" and "affidavit include, in the "oath
"affidavit
cases of persons allowed or required by law to declare or ami "wev to solemnly affirm instead of swearing, “declaration” and * solemn affirmation": and “swear in the like cases, includes “deelare” and “solemnly affirm “.
Ordinamas
32. Where in any enactment Chinese words or terms Use of are used, or where English words are used, followed, in Chinese s brackets or otherwise, by Chinese words or terms whether pressions. in Chinese characters or not, the Chinese words or terms shall be held to be included in the enactment, and the meaning and construction thereof shall be in accordance with Chinese language and custom.
33. Where the words "or", "other", and "otherwise " Meaning are used, they shall, unless the contrary intention appear, "or"
be construed disjunctively and not as implying similarity. "otherwise unless the word "similar", or some other word of like menning, is added.
Nothing in this section shall be taken to affect section It of the Penalties Amendment Ordinance. 1911.
34. Where the offence with which any person
charged is :-
---
(4.) the doing of any act ; or
(b.) the omission to do any act,
without lawful authority or purpose or reasonable excuse, the proof of such authority, purpose or exense shall lie on the person charged.
Burden of proof whea nets dons withom aw iul exers:
35. In the construction of every Ordinance relating to Meaning an offence punishalde on indictment or on summary convies
**persti tion, the expression person shall, unless the contrary Criminal intention appear, înclude a body corporate,
Ordinances.
36. In all enactments, unless the contrary intention Rules as an appear, words importing the masculine gender shall include gender an feumles, and words in the singular shall include the plural, number and words in the plural shall include the singular.
37. Where any notice, onder, or other document is re- Effect vi quired by any Ordinance to be published in the Gazette, notices in or where any document is published in the Gazette under Gazette scetion 26 (3) of the Evidence Ordinance, 1889, a ropy of the Gazette in which it is so published shall be primi facie evidence of the facts stated in such notice, order,
or document.
38.--(1.) Where under any enactment any person is re- Application quired to pay any charge or fee for any act or thing done, of fees. or document issued, or signature or seal affixed to any do- fines and einment, by any public officer or department, or where any Forfeitur person is adjudged by any Court, or other authority duly authorised by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or any commission on money re- ceived or taken possession of, realised or otherwise dealt with, is required to be paid to any public officer or depart- ment, such officer or departrient reveiving the same shall pay it into or account for the same in due course to the Treasury.
(2.) Where under any enactment any thing or any animal is adjudged by any Court, or other authority duly author- ised by law, to be forfeited, it shall, unless the contrary is otherwise provided, or unless it is expressed by law to be forfeited to any person, be forfeited to the Crown, and the net proceeds thereof if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the con- trary is otherwise provided.
(3.) Nothing in this section shall affect any provision in any existing enactment or any enactment hereafter to be made, whereby any shares of fines or forfeitures, or of pro- ceeds of forfeitures are expressed to he recoverable by any person, or may be granted by any authority to any person
or officer.
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