633412-1898-Bills-read-first-time--Naturalization- — Page 24

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THE HONGKONG GOVERNMENT GAZETTE, 30TH JULY. 1898.

Disorder in

33. No person licensed under the preceding section shall rating-honses, knowingly or wilfully permit disorderly conduct in his house or other place of entertainment, or knowing suffer any un- lawful games or gaming therein, or knowingly permit or suffer any prostitute to frequent such house or other place or to remain therein.

Proviso as to sule by lieen- sel ane-

Offences defined.

Pines and forfeitures.

license.

Sule by licensed Auctioneers.

34. Nothing in this Ordinance shall render it illegal for an auctioneer, bolding an auctioneer's license, to sell in- toxicating liquor by auction, without any license under this Ordinance, upon premises in respect of which the auctioneer's principal holds an appropriate license authorizing such prin- cipal to sell such intoxicating liquor, or where such lignor is the property of the Imperial or Local Government, or forms part of the estate of a bankrupt or deceased person, on is sold by order of Court, or where, in any particular case. upon application made, the Colonial Secretary shall grant permission for such sale by auction, whether upon liceused premises or elsewhere.

Police Inspection. Search.

35.-(1.) When information upou oath shall be laid before any Magistrate to the effect that any illicit distillation or rectification or illegal sale of intoxicating liquors is carried on within any building or on board of any vessel in the Colony, it shall be lawful for such Magistrate by a warrant under his hand to empower any officer of police to enter such building or vessel at any hour of the night or day, using force for that purpose if necessary, and to make search for and scize any stills, parts of stills, vats or other vessels used in illicit distillation, wash or other materials preparing or prepared for distillation, or intoxicating liquors which may be found there, and either to detain the same where found or to remove the same or any of them, after seizure, to a Police Station, and to arrest any persons who may appear to have committed or to be attempting to commit any offence against this Ordinance.

(2.) Every person licensed under this Ordinance shall produce his licence to any police officer on being required thereto.

(3.) Any European officer of police shall have free access to every part of any house licensed under sections 13, 31, or 32 of this Ordinance at any hour of the right or day.

36. Offences against this Ordinance shall be considered to be-

(1.) Refusal, neglect, or omission to do any act com-

manded by this Ordinance.

(2.) Refusal to permit, or obstruction of any such act. (3.) The doing of any act forbidden by this Ordinance. (4.) On the part of a licensed person, any breach of the

terms or conditions of his license or recognisance.

Offences. Penalties and their Recovery.

37. For every offence against this Ordinance not other- wise provided for, there shall be payable for a first offence a fine not execeding three hundred dollars, and for a second offence a fine not exceeding six hundred dollars. And all stills, or parts thereof vats or other vessels used in illicit distillation wash or other materials preparing or prepared for such distillation, and all intoxicating liquors with respect to which any offence against this Ordinance may have been committed, as well as the vessels or packages which contain them, may be forfeited, as also any boat or vessel of less than fifteen tous burden in which such intoxi- cating liquors or stills or parts of stills may be found.

Forfeiture of 38 On the conviction of any licensed person for a second offence against this Ordinance the Magistrate may order his licence to be forfeited, in addition to any other penalties hereinbefore provided.

Recovery of penalties.

A wards to informers.

39. All penalties for offences against this Ordinance may be recovered in a summary way before a Magistrate, but proceedings for the recovery of such penalties shall be commenced within six months after the offence was com- mitted,

40. One-half or a less portion of any fine levied under shis Ordinance may, if the Magistrate, in his discretion, (11 of 44,32,) thall so order, be paid to the informer.