572247-1930-Minutes--No-3 — Page 19

0

THE HONG KONG GOVERNMENT GAZETTE, JUNE 27, 1930.

291

in virtue of their office may exercise in, upon and in respect of such place all the powers mentioned in section 41 in as full and ample a nanner as if they were empowered to do so by warrant issued under the said section.

43.-(1) Any revenue officer may arrest without Arrest with- warrant any person found committing, or attempting out warrant. to commit, or employing, aiding, or assisting any person to commit, any offence against this Ordinance.

(2) Every person so arrested shall, together with any such light oils found in his possession, be taken into custody or to the office of the Superintendent for directions.

44. No person shall obstruct the Superintendent Obstruction or any revenue or police officer in the carrying out of of inspection any inspection or search authorised by or under this or search. Ordinance or in the execution of any duty imposed or power conferred by or under this Ordinance.

45. Every person required by a revenue officer to Obligation give any information on any subject which it is the to give officer's duty to inquire into under this Ordinance, information. and which it is in his power to give, shall be legally bound to give such information,

Miscellaneous.

tendent to

46.—(1) Every person applying for a permit under Power of this Ordinance shall allow the Superintendent or any Superin- person authorised by him in writing either generally take or for a particular occasion to take samples of the samples. light oils to which the application relates.

(2) Every person licensed under this Ordinance and the holder of every permit under this Ordinance shall allow the Superintendent or any other person authorised by him in writing either generally or for a particular occasion to take samples of any light oils in his possession, custody or control.

(8) The Superintendent or the person authorised by him as hereinbefore provided may select the case or receptacle from which the sample is to be taken.

47. In all proceedings under this Ordinance and Extracts in all proceedings for the recovery of any duty on from records light oils, the production of any copies of or extracts to be primá from the records of the Superintendent purporting to evidence.

facie be certified by the Superintendent shall be primâ facie evidence of the facts stated or appearing therein or to be inferred therefrom.

48. The magistrate hearing any charge under this Magistrate Ordinance may employ an analyst or other skilled may employ person to report on any technical point, and may to report on

an analyst order the payment of the fee of such analyst by the technical defendant in addition to any other penalty, and such points. fee shall be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.

sufficient

49. At the hearing of any charge under this Certificate of Ordinance, the production of a certificate purporting Government to be signed by the Government or Monopoly Analyst or Monopoly shall be sufficient evidence of the facts therein stated, Analyst to be unless the defendant requires that the Analyst evidence. 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 twenty-five dollars for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance