582679-1940-Resolution-made-by-the-Legislative-Council-under-section-4-of-the-Law-Revision-Ord--1939 — Page 67

1206

THE HONG KONG GOVERNMENT GAZETTE, JULY 26, 1940.

Supplementary Schedule,-contd.

SHORT TITLE.

AMENDMENT OR REPEAL.

118. The

Liquors Ordinance. 1931. (No. 36 of 1980, ---contd.

(5) that goods are of the weight and measure described in any bill of lading, permit or other document accompanying and relating to the goods.

evidence.

37.-(1) In all proceedings under this Ordinance Certain

and in all proceedings for the recovery of certificates any duty on goods to which this Ordin- to be ance applies, copies of or extracts from the records of the Superintendent or the officer authorized to grant any licence or permit, purporting to be certified by him, shall be prima facie evidence of the facts stated or appearing therein or to be inferred therefrom.

(2) At the hearing of any charge under this Ordinance a certificate purporting to be signed by the Monopoly Analyst shall. unless he is called as a witness, be sufficient evidence of the matters therein stated. When any such certificate bears the same number or mark as a sealed packet produced by the prosecution at the hearing, it shall until the contrary is proved be presumed that the certificate relates to the contents of that packet.

38. The magistrate hearing any charge under Magistrate

this Ordinance may, at the request of the may employ

an analyst accused, employ an analyst or other expert to report on to report on any teclmical point.

technical points.

39. On the conviction of any person at whose Recovery of

request the Monopoly Analyst or an expert experts' has given evidence or an expert has made fees.

#

report, the magistrate may without

prejudice to his other powers order such person to pay the expert's fee, which may be recovered like a fine, and which, for the evidence of the Monopoly Analyst, shall be twenty-five dollars.

40.-(1) Except as in this section provided, no Informers.

information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to dis- close the name or address of any informer under this Ordinance or state any matter which might lead to his discovery. More- over, if any books, documents or papers which are in evidence or liable to inspec- tion 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 or magistrate 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 inquiry into the case is satisfied 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 or magistrate is of opinion that

court