Od 16
82
Disposal of opium forfeited to the Crown.
1691969 Sex. 13
Making of analysis.
Vexatious proceedings.
Warrant improperly obtained.
Procedure relating to case of seizure of opium, etc.
No. 8.] THE ORDINANCES OF HONGKONG: [A.D. 189
(4.) Any contravention of this section shall be deemed an offence against this Ordinance.
42.—(1.) Any opium forfeited to the Crown under the last preceding section, and not ordered by the Governor in Council to be delivered to the Opium Farmer, shall be disposed of as the Governor-in-Council may direct, provided that it be not sold within the Colony during the currency of the farm existing at the time of such forfeiture.
(2.) No Police officer or other person having any opium seized under the last preceding section in his possession for the purpose of retaining the same until forfeiture or until its disposal is determined upon by the Governor in Council, or afterwards for the purpose of giving effect to such order of disposition, shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by certificate under section 11 or otherwise.
43. The Magistrate may, in his discretion, employ an analyst or other skilled person to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may, in his discretion, order the payment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.
44. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false or frivolous or vexatious, it shall be the duty of the Court to impose on the person bringing such charge or complaint a penalty not exceeding that which the defendant would have incurred if he had been convicted on such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise incurred in respect of his said charge or complaint or of his evidence in support thereof.
45. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person may become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 52 to be enforced and levied as hereinafter provided.
46. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorized by any of the provisions of this Ordinance, it shall be lawful for such Magistrate and for Judges of the said Court, and they are hereby respectively required, to
Od 16
82
Disposal of opium for- feited to the Crown.
1691969 Sex. 13
Making of analysis.
Vexations proceedings.
Warrant improperly obtained.
Procedure -relating to
case of seizure of opium, etc.
No. 8.] THE ORDINANCES OF HONGKONG: [A.D. 189) (4.) Any contravention of this section shall be deemed an offen against this Ordinance.
42.—(1.) Any opium forfeited to the Crown under the last precedi section, and not ordered by the Gevorner in Couneil to be delivered the Opium Farmer, shall be disposed of as the Governor-in-Council ma direct, provided that it be not sold within the Colony during th currency of the farm existing at the time of such forfeiture.
this
by Synteet
(2.) No Police officer or other person having any opium seized unde the last preceding section in his possession for the purpose of retaining the same until forfeiture or until its disposal is determined upon by the Governor in Council, or afterwards for the purpose of giving effect such order of disposition, shall be liable to any penalty under Ordinance by reason of such opium not being accompanied by certificate under section 11 or otherwise.
Procedure.
in
43. The Magistrate may, in his discretion, employ an analysta other skilled person to report upon any technical point which may be dispute in any prosecution under this Ordinance, and may, discretion, order the payment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.
44. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false or frivolous or vexatious it shall be the duty of the Court to impose on the person bringing- such charge or complaint a penalty not exceeding that which the defendant would have incurred if he had been convicted on such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise incurred in respect of his said charge or complaint or of his evidence in support thereof.
2
45. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person may become or be subject respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, tho said person shall be further liable to the penalties specified in section 52 to be enforced and levied as hereinafter provided.
46. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, a other articles, the seizure whereof is authorized by any of the provision of this Ordinance, it shall be lawful for such Magistrate and for Judges of the said Court, and they are hereby respectively required, to
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