53888-1917-Supplementary-Liquors-Bill — Page 1

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LEGISLATIVE COUNCIL.

No. S. 235. The following Bill, which it is proposed to introduce in the Legisla- tive Council, is published for general information:-

A BILL

Short title and con- struction.

Ordinance No. 9 of 1911.

Interpre- Intion.

Prohibition

of sale

except for cash.

Liability of employer.

Liability of buyer.

Evidence.

Penalty.

INTITULED

An Ordinance to amend the Liquors Consolida-

tion Ordinance, 1911.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Conncil thereof, as follows :-

1. This Ordinance may be cited as the Liquors Ordi- nance, 1917, and shall be read and construed as one with the Liquors Consolidation Ordinance, 1911, and the said Ordinance and this Ordinance may be cited together as the Liquors Ordinances, 1911 and 1917.

2. In this Ordinance---

3.

(a)

Cash

means any coins or notes current in the Colony;

(b) "Sale" includes any transaction in which intoxicating liquor is supplied for any con- sideration whatsoever, direct or indirect.

(1) Subject to the provisions of sub-section (2) of this section, no person shall sell any intoxicating liquor for consumption on or at any licensed premises except for cash.

(2.) Sub-section (1) of this section shall not apply to the following:

(a) any sale by the proprietor of an hotel to a

person residing at the hotel;

(b) any sale by the proprietor of an hotel of liquor to be consumed in the dining room of the hotel at one of the regular meals of the hotel or of liquor to be consumed in conjunction with any other bonâ fide meal for which a charge of at least thirty cents can be reasonably made;

(e) any sale in accordance with the conditions of his licence by the holder of a restaurant adjunct licence.

4. Where any intoxicating liquor is sold by a servant or employee in contravention of section 3 of this Ordi- nance the employer, whether a natural person or a body corporate, shall be deemed to be guilty of an offence against this Ordinance unless he proves affirmatively that the sale was against his express orders and without his consent or connivance.

5. Every person to whom any liquor is supplied in contravention of this Ordinance shall also be guilty of an offence against this Ordinance.

6. In proving the sale of intoxicating liquor for the purpose of any prosecution under this Ordinance it shall not be necessary to show that any consideration had actually been given or promised if the magistrate is satisfied that a transaction in the nature of a sale as defined in this Ordinance actually took place.

7. Every person who is guilty of an offence against tus Ordinance shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars.