620346-1931-Ordinances-passed-and-assented-to--Liquors-No-36-of-1931-Public-Revenue-Protection-amendment-No-37-of-1931-Registration-of-United-Kingdom-Patents-Amendment-No-38-of-1931-Tobarco-No-39-of-1931 — Page 23

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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 13, 19 31.

Examination of accused

persons.

Indemnity if

made.

76.-(1) Whenever two or more persons charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

(2) Every person so permitted to give evidence who true and full shall in the opinion of the magistrate make true and discovery

full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full discovery of all things as to which he was examined, and such certi- ficate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

(3) Provided always that any person charged with an offence against this Ordinance may, if he thinks fit, tender himself to be examined in his own behalf, and thereupon may give evidence in the same manner and with the like effect and consequences as any other witness.

Illegal importing

of intoxicat- ing liquors

77. Every person who imports, or aids, abets, pro- cures or is interested or concerned in, or knowingly derives any profit from the importation of any or denatured intoxicating liquors or denatured spirits contrary to spirits. the provisions of this Ordinance shall be guilty of an

offence.

Onus of proof,etc.

78.—(1) If any person is charged with the posses- sion or control of dutiable liquors contrary to the provisions of this Ordinance it shall upon proof of possession be presumed that the duty had not been paid, and the accused shall accordingly be liable to be convicted of such possession or control unless he proves beyond a reasonable doubt either that the duty had been paid or that he had good and sufficient reason to believe that it had been paid.

(2) If in any such case the accused produces evidence in order to prove either that the duty had been paid or that he had good and sufficient reason to believe that it had been paid it shall be lawful for the complainant to produce in reply any evidence tending to prove that the duty had not been paid or that the accused had not good and sufficient reason to believe that it had been paid, as the case may be.

(3) Without prejudice to the presumption against the accused under sub-section (1), it shall be the duty of the complainant to produce to the court or magistrate as part of the case for the prosecution any evidence which he may have tending to prove either that the duty had not been paid or that the accused had not good and sufficient reason for believing that it had been paid.

(4) The right conferred by sub-section (2) on the complainant to produce evidence in reply shall not be deemed to be affected by any non-compliance with the provisions of sub-section (3), and it shall be law- ful for the complainant to produce such evidence in reply notwithstanding such non-compliance: Provid- ed that in the event of such non-compliance the court or magistrate may give leave to the accused to produce any further evidence in answer to the evidence pro- duced by the complainant under sub-section (2), if the court or magistrate shall be of the opinion that the accused would otherwise be prejudced by such non-compliance and that in the interests of justice such leave should be granted.