711917-1867-GOVERNMENT-NOTIFICATION — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 31ST AUGUST, 1867.

Imitation a Misde-

meanor.

Obliteration with

Intent to conceal Her Majesty's Property, Felony.

Knowingly receiving, &e, marked Stores a Misdemeanor.

Knowledge of Stores being marked

presumed against

Dealers, &c.

Offenders may be

in certain Cases.

If any Person, without lawful Authority (Proof of which Authority shall lie on the Party accused), applies any of the said Marks in or on any such Stores, he shall be guilty of a Misdemeanor, and shall be liable to be Imprisoned for any Term not exceed- ing Two Years, with or without Hard Labor.

X. If any Person, with Intent to conceal Her Majesty's Property in any Naval or Victualling Stores, takes out, de troys, or obliterates, wholly or in part, any such Mark as aforesaid, he shall be guilty of Felony, and shall be liable, in the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Four Years, or to be Imprisoned for any Term not exceeding Two Years, with or without Hard Labor, and with or without Solitary Confinement.

XI. If any Person, without lawful Authority (Proof of which Authority shall lie on the Party accused), receives, possesses, keeps, sells, or delivers any Naval or Victualling Stores bearing any such Mark as aforesaid, knowing them to bear such Mark, he shall be guilty of a Misdemeanor, and shall be liable to be Imprisoned for any Term not exceeding One Year, with or without Hard Labor.

XII. Where the Person charged with such a Misdemeanor as last aforesaid was at the Time at which the Offence is charged to have been committed a Dealer in Marine Stores, or a Dealer in old Metals, or in Her Majesty's Service, Knowledge on his Part that the Stores to which the Charge relates bore such Mark as aforesaid shall be pre- sumed until the contrary is shown.

XIII. Any Person charged with such a Misdemeanor as last aforesaid in relation to summarily convicted Stores the Value of which does not exceed Twenty-five Dollars shall be liable on Sum- mary Conviction before a Magistrate to a Penalty not exceeding One hundred Dollars, or, in the Discretion of the Magistrate, to be Imprisoned for any Term not exceeding Six Months, with or without Hard Labor.

Persons not Dealers

found in possession of Naval or Victualling Stores, and not

Satisfactorily account- ing for the same, liable to Penalty.

XIV. In order to prevent a Failure of Justice in some Cases by reason of the in Marine Stores, &c., Difficulty of proving Knowledge of the Fact that Stores bore such a Mark as aforesaid,-

If any Naval or Victualling Stores bearing any such Mark are found in the Pos- session of any Person not being a Dealer in Marine Stores or a Dealer in old Metals, and not being in Her Majesty's Service, and such Person, when taken or summoned before a Magistrate, does not satisfy the Magistrate that he came by the Stores so found lawfully, he shall be liable, on Conviction by the Magistrate, to a Penalty not exceeding Twenty-five Dollars; and if any such Person satisfies the Magistrate that he came by the Stores so found lawfully, the Magistrate, at his Discretion, as the Evidence given and the Circumstances of the Case require, may summon before him every Person through whose Hands such Stores appear to have passed, and if any such Person as last aforesaid who has had Possession thereof does not satisfy the Magistrate that he came by the same lawfully, he shall be liable, on Conviction by the Magistrate, to a Penalty not exceeding Twenty-five Dollars.

Criminal Possession explained.

No unauthorized

Person to creep,

sweep, &c. for Stores

Vessels, Mint, &c., &e.

XV. For the Purposes of this Ordinance, Stores shall be deemed to be in the Possession or Keeping of any Person if he knowingly has them in the actual Possession or Keeping of any other Person, or in any House, Building, Lodging, Apartment, Matshed, or Place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own Use or Benefit or for the Use or Benefit of another.

XVI. It shall not be lawful for any Person, without Permission in Writing from the Admiralty, or from some Person authorized by the Admiralty in that Behalf, to creep, within 100 Yards of sweep, dredge, or otherwise search for Stores in the Harbor of Victoria within One any of Her Majesty's hundred Yards from any Vessel belonging to Her Majesty or in 'er Majesty's Service, or from any Mooring Place or Anchoring Place appropriated to sich Vessels, or from any Moorings belonging to Her Majesty, or from any of Her Majesty's Wharves, or Dock, Victualling, or Steam Factory Yards, or within One Hundred Yards of the boundary wall of the Mint on the North and East.

Sections 81, 82, 83, 86, 88, 90 to 99 of

Ordinance No. 7 of 1805, incorporated

with this Ordinance.

If any Person acts in contravention of this Provision, he shall be liable, on Summary Conviction before a Magistrate, to a Penalty not exceeding Twenty-five Dollars, or to be Imprisoned for any Term not exceeding Three Months, with or without Hard Labor.

XVII. The following Sections of Ordinance No. 7 of 1365 being “An Ordinance to "consolidate and amend the Enactments in Force in this Colony relating to Larceny "and other similar Offences," shall be incorporated with this Ordinance, and shall for the Purposes of this Ordinance be read as if they were here re-enacted, namely, Sections