653341-1891-Bills-The-Sunday-Cargo-Working-Ordinance-The-Opium-Ordinance — Page 10

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THE HONGKONG GOVERNMENT GAZETTE, 25TH JULY, 1891.

Contraband epium may be forfeited.

(1 of 4, 29 and 35; 22 of 87,

13.)

Opium found

under suspi- ciona circúína- stances.

(of×1, 30 and 31.7

Unclaimed opium.

(1 61 54, 36.)

Analysis.

Vexations proceedings.

1 of 84, 37.)

Procedure relating to cases of scizaxe of articles, &e.

Information not admit to in evidence.

Name of

informer to be concealed &c.

Forfeitures.

52. All raw or prepared opinm with regard to which any offence against this Ordinance, or against any regulation made thereunder, has been committed, together with any implements may be seized by any Police or excise officer and may be forfeited, and the Magistrate in his discretion may adjudge and deliver such raw or prepared opium, im- plements, or any part thereof to the opium farmer.

53. Whenever any seizure of prepared opium is made under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorised person or in any unauthorised place, all raw opium found in the possession of such person, or in such unauthorised place may be seized by any Police or excise officer. If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorised person, or in such unauthorised place, or if any implement within the meaning of this Ordinance be found in possession of such unauthorised person, or in such place, the Magistrate may order such raw opium to be for- feited, and may in his discretion direct that it be delivered to the opium farmer.

54. When any raw or prepared opium or any implement is found without being apparently in the possession of any person, the Magistrate may cause a notice to be affixed at the place where any such opium or implement was found, If no calling upon the owner thereof to claim the same. person shall make such a claim within one week from the affixing of such notice, such opium, or implement shall be forfeited, and may be delivered by the Magistrate in his discretion to the opium farmer.

55. Notwithstanding anything in this Ordinance con- tained, any raw or prepared opium forfeited under this Ordinance shall not be delivered to the opium farmer if it shall be seized on board of any ship bound or about to proceed to any port of the Empire of China, and does not appear on the manifest of such vessel. Any opium so for- feited shall be detained by the Magistrate who has cognizance of the case until the disposal thereof has been determined by the Governor in Council. And no Police officer or other person authorised by the Governor or Magistrate to hold or store such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accom- panied by a certificate under section 14 or otherwise.

Procedure.

56. The Magistrate may, in his discretion, employ an analyst or other skilled person to report upon any technical point which may be in dispute in any prosecntion under this Ordinance, and may at his discretion order the pay- ment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.

57. In dismissing any charge or complaint under this. Ordinance on the ground that such charge or complaint is false, or frivolous and vexations, it shall be the duty of the Court to impose upon the person bringing such charge a penalty not exceeding that which the defendant would have incurred if convicted upon such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise in- curred in respect of his said charge or complaint or of his evidence in support thereof.

58. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, utensils or other articles the seizure whereof is authorised by any of the provision of this Ordinance it shall be lawful for the Judges of the said Court and for such Magistrate, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without enquiring into the manner or form of making, any seizure, exepting in so far as the mauner and form of seizure may be evidence on such merits.

59. Except as hereinafter mentioned, no information laid under The Opium Ordinances 1884 to 1887 or this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or to state any matter which might lead to his discovery, and if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any such