667426-1886-Ordinance-21-of-1886-assented-to- — Page 6

522

THE HONGKONG GOVERNMENT GAZETTE, 12TH JUNE, 1886.

Fines and Forfeitures.

Offences defined

Forfeiture of Licener.

(Sec 11 of 44.

30.)

Recovery of penalties.

Awards to

Informers.

(I of 44. 32.)

Power to make rules.

Hopeals.

Commence- ment of Ordinance:

Every person licensed under this Ordinance shall produce his licence to any Police Officer on being required thereto.

Any Officer of Police shall have free access to every part of any house licensed under Section 13 or 31 of this Ordinance at any hour of the night or day.

Penalties and their Recovery.

34. For every offence against this Ordinance not other- wise provided for, there shall be payable for a first offence a fine not exceeding three hundred dollars, and for a second offence a fine not exceeding six hundred dollars. And all intoxicating liquors, stills, or parts thereof 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 tons burden in which such intoxicating liquors or stills or parts of stills may be found.

35. 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 publican, adjunct licensee, or keeper of a spirit shop, any breach of the terms of his licence or recognisance.

36. 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.

37. 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.

38. One-half or a less portion of any fine levied under this Ordinance may be paid to the informer,

Power to make Rules.

39. The Governor in Council may from time to time make, alter, and repeal rules consistent with this Ordinance for the better carrying out of the same. All such rules shall be published in the Gazette, and when so published shall have the force of law.

Repeals.

40. The following Ordinances or portions thereof are repealed :-

8 of 1844,. 11 of 1844,

9 of 1867,.

10 of 1868,

The whole.

.All, except sections 38 and 39. .So much of sections 11 and 12

as applies to the sale of in- toxicating liquors, and see- tion 16.

The whole.

3 of 1869,. ................................ The whole.

But such repeal shall not affect anything lawfully done or commenced to be done under the said Ordinances, nor revive any Ordinance repealed by them. All public house or adjunct licences and licences for distilleries granted under the said Ordinances, as well as all recognisances entered into thereunder shall continue in force for their full term as if they were granted or executed under the present Ordi-

nance.

41. This Ordinance shall take effect on a day to be hereafter proclaimed by the Governor.

Passed the Legislative Council of Hongkong, this 21st day of May, 1886.

ARATHOON SETH, Clerk of Councils.

Assented to by His Excellency the Officer Administering the Government, the 11th day of June, 1886.

FREDERICK STEWART,

Acting Colonial Secretary.