914
THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.
Punishment
of accessories. (Ibid s 11.)
Search Warrant. (Ibid, e. 12.)
Corts of de- fence or pros:-. cutiou. (būti, v. 14.)
Limilation of prsecution (id, s. 15.)
Prohibitin on in porta- tion. (Ibid, s. 16 )
(1.) A defendant, and his wife or her husband, as the
case may be, may, if the defendant thinks fit, be called as a witness, and, if called, shall be sworn and examined, and may be cross-examined and re-examined in like manner as any other witness.
(2.) In the case of imported goods, evidence of the port of shipment shall be primâ facie evidence of the place or country in which the goods were made or produced.
10. Any person who, being within the Colony, procures, counsels, aids, abets, or is accessory to the commission, without the Colony, of any act, which, if committed in the Colony would under this Ordinance be a misdemeanour, shall be guilty of that misdemeanour as a principal, and be liable to be proceeded against, tried, and convicted in the Colony as if the misdemeanour had been there committed:
11. (1.) Where, upon information or complaint laid for an offence against this Ordinance, a Magistrate has issued either a summons requiring the defendant charged by such information or complaint to appear to answer to the same, or has issued a warrant for the arrest of such defendant, and either the said Magistrate on or after issuing the summons or warrant, or any other Ma- gistrate is satisfied by information on oath that there is reasonable cause to suspect that any goods or things by means of or in relation to which such offence has been com- mitted are in any house or premises of the defendant, or otherwise in his possession or under his control in any place, such Magistrate may issue a warrant under his hand by virtue of which it shall be lawful for any constable named or referred to in the warrant, to enter such houses, premises, or place at any reasonable time by day, and to search there- for and seize and take away those goods or things; and any goods or things seized under any such warrant shall be brought before a Magistrate for the purpose of its being determined whether the same are or are not liable to for- feiture under this Ordinance.
(2.) If the owner of any goods or things which, if the owner thereof had been convicted, would be liable to for- feiture under this Ordinance, is unknown or cannot be found, an information or complaint may be laid for the purpose only of enforcing such forfeiture, and a Magistrate may cause notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, such goods or things will be forfeited, and at such time and place the Magistrate, unless the owner or any person on his behalf, or other person interested in the goods or things, shows cause to the contrary, may order such goods or things or any of them to be forfeited.
(3.) Any goods or things forfeited under this section, or under any other provision of this Ordinance, may be des- troyed or otherwise disposed of, in such manner as the Magis- trate by which the same are forfeited may direct, and the Magistrate may; out of any proceeds which may be realised by the disposition of euch goods (all trade marks and trade descriptions being first obliterated), award to any innocent' party any loss he may have innocently sustained in dealing with such goods.
12. On any prosecution under this Ordinance the Magis- trate may order costs to be paid to the defendant by the prosecutor, or to the prosecutor by the defendant, having regard to the information given by and the conduct of the defendant and prosecutor respectively.
13. No prosecution for an offence against this Ordinance shall be commenced after the expiration of three years next after the commission of the offence, or one year next after the first discovery thereof by the prosecutor, whichever expiration first happens.
14. Whereas it is expedient to make further provision for prohibiting the importation of goods which, if sold, would be liable to forfeiture under this Ordinanec; be, it therefore enacted as follows :-
(1.) All such goods, and also all goods of foreign manufacture bearing any name or trade mark being or purporting to be the name or trade mark of any manufacturer, dealer, or trader in the Colony, unless such name or trade mark is accompanied by a definite indication of the country in which the goods were made or pro- duced, are hereby prohibited to be imported into the Colony and if any such goods shall be mi-
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