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THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.
Penalty on Thief or reputed Thief refusing to quit Lodging
request.
under this Section have taken place within a Period of Two Years in respect of the same Premises, whether the Persons convicted were or were not the same, the Magistrate may, if he so think fit, direct that for a Term not exceeding One Year from the Date of the last of such Convictions, no sucli License as aforesaid shall be granted to any Person whatever in respect of such Premises.
VIII. Every Thief or reputed Thief who shall be in any Lodging House, Beer House, Public House or other Place where Liquors are sold for the selling of which a License is required under
any Ordinance, or in any Place of Public Entertainment, House, &c., on or Public Resort, and shall refuse or neglect to quit such Lodging House, Beer House, Public House, or other such Places as afore- said upon being requested so to do by the Occupier or Keeper thereof, or his Agent or Tenant, shall thereby be guilty of an Offence and may be taken into Custody by any Constable and detained in any Police Office or Station House and shall, as soon as conveniently may be, be brought before a Magistrate and on being convicted of such Offence shall forfeit and pay a Penalty not exceeding Ten Dollars and in Default of immediate Payment shall be imprisoned with or without Hard Labor for a Period not exceeding One Month; and all Constables are hereby authorised and empowered to assist in expelling any Thief or. reputed Thief refusing or neglecting on request to quit such Lodging House, Beer House, Public House or other such Places as aforesaid.
Burden of
PART III.
Receivers of Stolen Goods.
IX. Where any Person who, either before or after the Passing Proof in Cases of this Ordinance, has been previously convicted of any Offence of receiving
specified in the Schedule hereto, and involving Fraud or Dis- stolen Goods.
honesty is found in the Possession of stolen Goods, Evidence of such previous Conviction shall be admissible as Evidence of his Knowledge that such Goods have been stolen; and in any Pro- ceedings that may be taken against him as Receiver of stolen Goods, or otherwise in relation to his having been found in Pos- session of such Goods, Proof may be given of his previous Convic- tion before Evidence is given of his having been found in Possession of such stolen Goods: Provided that not less than Seven Days' Notice, shall be given to such Person that Proof is intended to be given of his previous Conviction, and that he will be deemed to have known such Goods to have been stolen until he has proved the contrary.
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X. Where Proceedings are taken against any Person for having in his Possession stolen Goods, Evidence may be given that there were found in the Possession of such Person other Goods stolen, within the preceding Period of Twelve Months, and such Evidence may be taken into Consideration for the Purpose of proving that such Person knew the Goods to be stolen which form the subject of the Proceedings taken against him.
XI. Any Police Officer may, if authorized so to do in Writing by the Captain Superintendent of Police, or his Deputy, enter any House, Shop, Godown, Ware-house, Yard or other Pre- mises in search of stolen Goods, and make such Search and seize and secure any Property he may believe to have been stolen, in such Manner as he would be authorized to do, if he had a Search Warrant, and the Property seized, if any, corresponded to the Property described in such Search Warrant: Provided that in every Case in which any Property is seized, the Person on whose Premises it was at the Time of Seizure, or the Person from whom it was taken, if other than the Person on whose Premises it was, shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned within Three Days before a Magistrate to account for his Possession of such Property, and such Magistrate shall make such Order respecting the Disposal of such Property as the Justice of the Case may require; and it shall be lawful for the Captain Superintendent of Police, or his Deputy, to give such Authority as aforesaid, in the following Cases: First. When such Premises are or have been within Eigh- teen Months of the Time of such Search in the Occupa- tion of any Person who has been convicted of receiving stolen Property or of harboring Thieves.
Second. When such Premises are at the Time of such Search in the Occupation of any Person who has been con- victed of any Offence involving Fraud or Dishonesty, and punishable by Penal Servitude or Imprisonment. And it shall not be necessary for the Captain Superintendent of Police, or his Deputy, in giving such Authority to specify any particular Property, but he may give such Authority if he has reason to believe generally that such Premises are being made a Receptacle for stolen Goods.
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