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Forfeiture.

This Ordinance not be

effected by Ordinance No. 9 of 1916.

Special provisions

as to certain alkaloids of opium and coca leaf.

22 Geo. 5, c. 15, s. 2.

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justify a prosecution comes to his knowledge, whichever time is the longer, and, for the purposes of this sub-section. a certificate purporting to be signed by the Superintendent as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.

(7) For the purposes of sub-section (6), the issue of a summons or warrant shall be deemed to be the commencement of proceedings, whether such summons or warrant is executed or not.

(8) For the purpose of removing doubts, it is hereby declared-

(a) that in any proceedings against any person under this Ordinance it is not necessary to negative by evidence any licence, authority or other matter of exception or defence, and that the burden of proving any such matter lies on the person seeking to avail himself thereof; and

(b) that, notwithstanding anything in any other enact- ment, any term of imprisonment imposed under this Ordinance on any person by a magistrate in respect of the non-payment of a fine imposed under this Ordinance may be ordered to commence at the expiration of any term of imprisonment imposed on that person for the same offence in addition to the fine.

18. It shall be lawful for the court or a magistrate to order to be forfeited to the Crown any article with respect to which any offence under this Ordinance has been committed, whether any person shall have been convicted of such offence or not, and upon the making of any such order of forfeiture the said articles shall be deemed to be the property of the Crown free from all rights of any person.

19. Nothing in the Pharmacy and Poisons Ordinance, 1916, or in any regulation made under the Pharmacy and Poisons Ordinance, 1916, whenever made, shall have the effect of relaxing or limiting in any way whatever any of the provisions of this Ordinance or of any regulation made there- under.

20.-(1) No person shall trade in or manufacture for the purpose of trade any products obtained from any of the phenanthrene alkaloids of opium, or from the ecgonine alkaloids of the coca leaf, not being a product which was on the thirteenth day of July, 1931 (the date on which the Geneva Convention, 1931, was signed on behalf of His Majesty), being used for medical or scientific purposes: Provided that if the Governor in Council is at any time satisfied as respects any such product that it is of medical or scientific value, he may by order declare that this sub-section shall cease to apply to that product.

(2) If it is made to appear to the Governor in Couneil that a decision with respect to any such product as is mention ed in sub-section (1) of this section has, in pursuance of Article 11 of the Geneva Convention, 1931, been com- municated by the Secretary General of the League of Nations to the parties to the said Convention, the Governor in Council may, by Order either declare that the provisions of this Ordinance shall apply to that product in the same manner as they apply to the drugs mentioned in sub-section (1) of section 3, or apply the said provisions to that product with such modifications as may be specified in the Order.

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