697969-1873-Dangerous-Goods-Draft-Bill- — Page 3

THE HONGKONG GOVERNMENT GAZETTE, 31ST MAY, 1873.

in which such Goods are so kept shall be liable to a Penalty not exceeding One hundred Dollars à Day for each Day during which such Goods are so kept.

This Section shall not apply to any such Goods kept either for Private Use or for Sale, provided the following Conditions are complied with :---

(1.) That they are kept in separate glass, earthenware, or metal Vessels or Cases each of which contains not more than a Pint or Pound, and is securely stopped or fastened;

(2.) That the aggregate Amount kept, supposing the whole Contents of the Vessels to be in bulk, does not exceed in the Case of Kerosene Oil Fifty Gallons, and in the Case of Petroleum and the other Articles specified Three Gallons, or Fifteen Pounds.

XII. Any Dealer who refuses to show to any Officer author. Penalty for re- ized by the Governor every or any Place, or all or any of the fusing Inform- Vessels or Packages in which Dangerous Goods to which this Ord- ation and inance applies in his Possession are kept, or to give him such Officer.

obstructing Assistance as he may require for examining the same, or who (34 & 35 Vic., wilfully obstructs any Officer so authorized in the Execution of this c. 105, s. 12.] Ordinance shall incur a Penalty not exceeding One hundred Dollars.

Goods.

XIII. Where any Magistrate is satisfied by Information on Search for Oath that there is reasonable Ground to believe that any Dangerous Dangerous Goods to which this Ordinance applies are being kept, sent, [34 & 35 Vic., conveyed, or exposed for Sale within the Colony in Contravention c. 105, s. 13.] of this Ordinance, at any Place, whether a Building or not, or in any Ship or Vehicle, such Magistrate shall grant a Warrant by Virtue whereof it shall be lawful for any Person named in such Warrant to enter the Place, Ship, or Vehicle named in such Warrant, and every Part thereof, and examine the same and search for such Goods therein, and if any such Goods be found therein, which are kept, sent, conveyed, or exposed for Sale in Contravention of this Ordinance, to seize and remove such Goods or Articles, and the Vessels or Packages containing the same, and to detain such Goods and Vessels or Packages until a Magistrate has determined whether the same are or not forfeited, the Pro- ceedings for which Forfeiture shall be commenced forthwith after the Seizure.

Any Person seizing any Dangerous Goods to which this Ord- inance applies, in pursuance of this Section, shall not be liable to any Suit for detaining the same, or for any Loss or Damage incurred in respect of such Goods, otherwise than by any wilful Act or Neglect while the same are so detained.

Any Person who, by himself or by any one in his Employ or acting by his Direction, or with his Consent, refuses or fails to admit into any Place occupied by or under the Control of such Person, any Person demanding to enter in Pursuance of this Section, or in any Way obstructs or prevents any such Person in or from making any such Search, Examination, or Seizure as authorized by this Section, shall be liable to a Penalty not exceeding One hundred Dollars, and to forfeit all such Dangerous Goods to which this Ordinance applies, which are found in his Possession or under his Control.

XIV. No Person shall deliver any Dangerous Goods to which Dangerous this Ordinance applies to any Warehouse Owner or Carrier, or Goods to be marked and send or carry, or cause to be sent or carried any such Goods to or

Notice given from any Part of the Colony, or deposit such Goods in or on any of their Warehouse, Wharf, or Quay, unless the true Name or Description Character. of such Goods, with the Addition of the Word “ Dangerous," in [29 & 30 Vic., English and Chinese, is distinctly written, printed, or marked on

c. 69, s. 3.] the outside of the Package, nor in the Case of Delivery to or Deposit with any Warehouse Owner or Carrier, without also giving Notice in Writing to him of the Name or Description of such Goods, and of their being dangerous. And any Person who commits a Breach of this Enactment shall be liable to a Penalty of Two thousand Dollars, or at the Discretion of the Court to Imprisonment with or without Hard Labor for any Term not exceeding Two Years.

Provision for Case of Absence of

XV. Provided always as follows:—

(1.) Any Person convicted of a Breach of the last foregoing

Enactment shall not be liable to Imprisonment, or to a Knowledge of Penalty of more than One thousand Dollars, if he shows Nature of to the Satisfaction of the Court and Jury before whom Goods, he is convicted that he did not know the Nature of the 129 & 30 Vie., Goods to which the Information relates;

c. 69, s. 4.]

(2.) Any Person accused of having committed a Breach of

the said Enactment shall not be liable to be convicted thereof if he shows to the Satisfaction of the Court and Jury before whom he is tried that he did not know the Nature of the Goods to which the Information relates, and that he could not, with reasonable Diligence, have obtained such Knowledge.

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