654103-1891-Ordinances-21-and-22-of-1891-assented-to — Page 8

THE HONGKONG GOVERNMENT GAZETTE, 21st NOVEMBER, 1891.

33. Notwithstanding anything in this Ordinauce cou- tained, any opium seized on board of any steamship bound or about to proceed to the ports of Canton or Macao and which does not appear on the manifest of such vessel shall if forfeited by a Magistrate be detained by him until the disposal thereof has been determined by the Governor in Council.

39. Any opium forfeited and detained under the preceding section may be disposed of as the Governor in Council directs; and no Police officer or other person lawfully hold- ing or storing such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 12 or otherwise.

Procedure.

40. 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 prosecution 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.

41. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false, or frivolous and vexatious, 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.

42. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 49 to be enforced and levied as hereinafter provided.

43. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorised by any of the provisions 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, excepting in so far as the manner and form of seizure may be evidence on such merits.

44. 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 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 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 in any proceedings before a Magistrate for any offence against any provision of the said Ordinances or this Ordinance the Magistrate after full enquiry into the case shall believe 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 Court or Magistrate shall be of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the Court or Magistrate to require the production of the original information, and to permit inquiry and require full disclosure concerning the informer.

Miscellaneous.

45. If any person charged with any offence under this Ordinance shall give a false name, or with intent to procure his discharge or acquittal shall produce or offer in evidence or cause to be produced or offered in evidence any certificate required by this Ordinance which shall be proved to the satisfaction of the Magistrate to have been issued to any other person or to be forged, he shall be liable on summary

Disposal of

forfeited opium.

Possession of forfeited optum.

Annlysis.

Vexations proceedings.

{l of 1, 97.)

Warrants improperly obtained. (1 of 84, 38.)

Procedure relating to Canes of seizure of articles, &e.

Information not adimittel in evidence.

Name of informer to be concealed, &c.

Exception.

Giving false

name.

Producing false certi ficate.

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