598699-1939-Supplementary-Draft-Bills--Dangerous-Goods-Amendment-Pensions-Amendment — Page 2

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to a fine not exceeding one hundred dollars a day for each day after the first day during which such goods are proved to have been in his possession, custody or power or in the possession on his behalf of any servant, agent or warehouse

owner.

(4) Anything which, if done or omitted by a person licensed under this Ordinance or regulations made thereunder to have possession of dangerous goods, would be an offence against this Ordinance shall also be an offence if done or omitted by any servant or agent of such licensed person, and such servant or agent may be punished accordingly.

(5) If any servant or agent of any person licensed under this Ordinance to have possession of dangerous goods commits any offence against this Ordinance, such person shall also be deemed to be guilty of such offence unless he proves to the satisfaction of the court or magistrate that he neither abetted nor consented to the commission of the offence and that he had taken all reasonable steps to prevent the commission thereof Provided that no such person shall be sentenced to imprisonment (except in default of payment of a fine) for any

offence under this sub-section.

(6) On the conviction of any person for an offence against this Ordinance, the court or magistrate may, in addition to any other penalty, order that any licence held by such person shall be cancelled and any licence in respect whereof any such order is made shall be forthwith delivered by the holder thereof to the Commissioner of Police for cancellation.

Objects and Reasons.

1. The object of this Bill is to make certain amendments to the Dangerous Goods Ordinance, 1873, which are rendered necessary by the enactment of the Dangerous Goods Regula- tions, 1939, which supersede all existing regulations made under that Ordinance.

2. Clause 2 of the Bill adds two further sub-sections to section 8 of the principal Ordinance. The new sub-section (3) appeared in, but has now been deleted from, the original draft of the Dangerous.Goods Regulations, 1939, in the form of two separate regulations. In view of the provisions of section 8 (1) of the principal Ordinance it is considered more appropriate that the two regulations referred to should be the subject of a provision of the Ordinance. The new sub-section (4) provides that an offence against sub-section (3) shall be visited only with the penalty prescribed in section 18A of the principal Ördinance in view of the fact that sub-section (3) as above stated was originally in the form of regulations.

3. Clause 3 of the Bill repeals sub-sections (4) and (5) of section 10 of the principal Ordinance and clause 4 of the Bill re-enacts sub-section (5) with one or two minor amendments as sub-section (3) of section 18A of the principal Ordinance, which is the penalties section. It is considered that sub-section (5) of section 10 of the principal Ordinance would more appropriately appear as part of section 18A. There

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