PHARMACY.
No. 12 of 1908. [No. 9 of 1910.]
which an offence has been committed against Ordinance No.12 of 1908 by reason of the fact that the offender is out of the jurisdiction or cannot be found, the Magistrate may cause a notice in English and Chinese to be affixed to the place where such poison has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2) If no person makes such claim within one week from the affixing of such notice, or if any such claim is made within one week but is not subsequently substantiated to the satisfaction of a Magistrate, such poison shall be forfeited.
1737
be ordered.
**
8. The Magistrate may require the Government Analyst to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may order the payment of the fees due in respect of the Analyst's report 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.
At the hearing of any such prosecution the production of the certificate of the Government Analyst requested as aforesaid shall be sufficient evidence of the facts therein stated, unless the defendant requires that the Analyst should be called as a witness; but if the Analyst is called by or at the request of the defendant the Magistrate may further order the defendant, if convicted, to pay a fee of 25 dollars for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable.
+
9. The Magistrate may dismiss any charge or complaint under this Ordinance on the ground that it is frivolous or vexatious proceedings, although the commission of an offence be proved, and when a charge or complaint is dismissed on the ground that it is frivolous or vexatious, or when the Magistrate is of opinion that such charge or complaint was supported by evidence false to the knowledge of the person bringing such charge, it shall be the duty of the Magistrate to impose on the person bringing the same a penalty not exceeding that which the defendant would have incurred if he had been convicted, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise.
* As amended by No.8 of 1912 and No.12 of 1912.
As amended by No.12 of 1912, No.13 of 1912 and No.43 of 1912
Supp. Sched.
PHARMACY.
No. 12 of 1908. [No. 9 of 1910.]
which an offence has been committed against Ordinance No. 12 of 1908 by reason of the fact that the offender is out of the jurisdiction or cannot be found, the Magistrate may cause a notice in English and Chinese to be affixed to the place where such poison has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2) If no person makes such claim within one week from the affixing of such notice, or if any such claim is made within one week but is not subsequently substantiated to the satisfaction of a Magistrate, such poison shall be forfeited.
1737
be ordered.
**
8. The Magistrate may require the Government Analyst to report Analysis may upon any technical point which may be in dispute in any prosecu- tion under this Ordinance, and may order the payment of the fees due in respect of the Analyst's report 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.
At the hearing of any such prosecution the production of the certi- ficate of the Government Analyst requested as aforesaid shall be sufficient evidence of the facts therein stated, unless the defendant requires that the Analyst should be called as a witness; but if the Analyst is called by or at the request of the defendant the Magis- trate may further order the defendant, if convicted, to pay a fee of 25 dollars for the attendance of the Analyst, such fee to be recover- able in the same way as a penalty imposed under this Ordinance is recoverable.
+
9. The Magistrate may dismiss any charge or complaint under Vexatious this Ordinance on the ground that it is frivolous or vexatious proceedings. although the commission of an offence be proved, and when a charge or complaint is dismissed on the ground that it is frivolous or vexatious, or when the Magistrate is of opinion that such charge or complaint was supported by evidence false to the knowledge of the person bringing such charge, it shall be the duty of the Magis- trate to impose on the person bringing the same a penalty not exceeding that which the defendant would have incurred if he had. been convicted, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise.
* As amended by No. 8 of 1912 and No. 12 of 1912.
As amended by No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912
Supp. Sched.
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