700598-1872-Explosive-Substances-Report-and-Bill- — Page 3

:

392

THE HONGKONG GOVERNMENT GAZETTE, 7TH SEPTEMBER, 1872.

Application of Ordinance to other Subs- tances.

34 & 35, Vic. e. 105, s. 14.

Dangerous

Goods to be marked and Notice given of their Character.

c. 69, s. 3.

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 or Articles therein, and if any Goods or Articles to which this Ordinance applies, 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 Cases containing the same, and to detain such Goods or Articles, and Vessels or Cases until a Magistrate has determined whether the same are or not forfeited, the Proceedings for which Forfeiture shall be commenced forthwith after the Seizure.

Any Person seizing any Goods or Articles to which this Ordinance 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 or Articles, 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 Goods or Articles to which this Ordinance applies, which are found in his Possession or under his Control.

IX. The Governor may from Time to Time make, revoke, and vary Orders in Council directing this Ordinance or any Part thereof, to apply to any Substance, other than those in the First Section enumerated, and this Ordinance or the Part thereof specified in the Order shall, during the Continuance of the Order, apply to such Substance, and shall be construed and have Effect as if throughout it such Substance had been included in the Definition of Goods or Articles to which this Ordinance applies, subject to the following Qualifications:

(1.) The Quantity of any Substance to which this Ordinance is directed by Order in Council to apply, which may be kept without a License, shall be such Quantity only as is specified in that Behalf in such Order, or if no such Quantity is specified no Quantity may be kept without a License.

(2.) The Label on the Vessel or Case containing such Sub- stance shall be such as may be specified in that Behalf in the Order.

X. No Person shall deliver any Goods which are specially dangerous to any Warehouse Owner or Carrier, or send or carry, or cause to be sent or carried any such Goods to or from any Part of the Colony, or deposit such Goods in or on any Warehouse, Wharf, or Quay, unless the true Name or Description of such Goods, 29 & 30, Vic. with the Addition of the Words “Specially Dangerous," is distinctly written, printed, or marked on 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 specially 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.

XI. Provided always as follows:

Provision for

Case of

Absence of Knowledge of Nature of Goods.

29 & 30, Vic. e. 69, s. 4.

As to Forfei- ture of such Goods.

29 & 30, Vic. c. 69, s. 5.

Warehouse

!

(1.) Any Person convicted of a Breach of the last foregoing Enactment shall not be liable to Imprisonment, or to a Penalty of more than One thousand Dollars if he shows to the Satisfaction of the Court and Jury before whom he is convicted that he did not know the Nature of the Goods to which the Information relates.

(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.

XII. Where Goods are delivered, sent, carried, or deposited in Contravention of the said Enactment, the same shall be forfeited, and shall be disposed of in such Manner as the Governor directs, whether any Person is liable to be convicted of a Breach of the said Enactment or not.

XIII. No Warehouse Owner, or Carrier shall be bound to Owners, &c., receive or carry any Goods which are specially dangerous.

not bound to

receive such

Goods.

29 & 30, Vie.

c. 69, s. 6.