703532-1871-Habitual-Criminals-Bill-read-first-time- — Page 3

504 THE HONGKONG GOVERNMENT GAZETTE, 18TH NOVEMBER, 1871,

2.

Power to remand.

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.

Forms in "The Habitual Criminal's Act, 1869."

Penalty on

Metals.

Moreover, where Proceedings are taken against any Person for having in his Possession stolen Goods, Evidence ay 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.

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 Seige 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 sach 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 at, or have been within Eighteen Months of, the Time of such Search in the Occupation 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.

PART IV.

General Procisions.

IX. Any Person accused of an Offence punishable on Summary Conviction under this Ordinance may be remanded from Time to Time by the Magistrate before whom he is brought for the Purpose of enabling Evidence to be obtained against him, or for any other just Cause.

X. The Forms set forth in the Third Schedule to "The Habitual Criminals Act, 1869," (Imperial) or Forms as near thereto as Circumstances admit, may be used in all Matters to which such Forms refer, and when used shall be deemed to be valid and sufficient in Law.

XI. Any Dealer in Old Metals as defined in the Old Metal Dealer in Old Dealers Act, 1861, (Imperial) who shall either personally or by any Servant or Agent, purchase, receive, or bargain for Lead, whether new or old, in any Quantity at One Time of less Weight than One hundred and Twelve Pounds, or who shall personally, or by any Servant or Agent, purchase, receive, or bargain for Copper, whether new or old, in any Quantity at One Time of less Weight than Fifty-six Pounds, shall be liable to a Penalty of Twenty-five Dollars to be recovered in the same Manner as Penalties incurred under the said recited Act are therein directed to be recovered.

SCHEDULE. -

Any Felony not punishable with death also, or the Offence of uttering False or Counterfeit Coin or of Possessing Counterfeit Gold or Silver Coin, or the Offence of obtaining Goods or Money by False Pretences, or the Offence of Conspiracy to defraud, or Misdemeanor under the Forty-sixth Section of Ordi- nance No. 7 of 1865.