1923_LIQUORS_CONSOLIDATION_ORDINANCE__1911 — Page 28

HK Historical Laws 香港歷史法例 All AI Reviewed

LIQUORS CONSOLIDATION.

No. 9 of 1911.

1883

made com-

73. If any search made without warrant under this Ordinance is unsuccessful and there is no reason to suppose that any intoxicating liquors, denatured spirits, or other articles liable to forfeiture under this Ordinance have been thrown away or otherwise disposed of in order to avoid detection, the Superintendent shall repack or cause to be repacked any goods unpacked during such search and shall make good any damage caused thereby. In the event of any dispute as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising, such amount shall be ascertained by a magistrate, and the Superintendent shall pay such amount so ascertained immediately upon production by the aggrieved person of a certificate thereof under the hand of the magistrate.

PART III.

Warrants, proceedings, offences, penalties and forfeitures.

74. Whenever it appears to any magistrate upon the oath of any person of repute that there is good cause to believe that there are in any building, vessel (not being or having the status of a ship of war), or place any intoxicating liquors or denatured spirits or other articles subject to forfeiture as to which an offence has been or is about to be committed against any of the provisions of this Ordinance, such magistrate may, by warrant directed to any European police or revenue officer, empower such officer, with such assistants as may be necessary, by day or night—

(1) to enter and if necessary to break into such building, vessel, or place and to search for and take possession of any such intoxicating liquors, denatured spirits, or other articles;

(2) to arrest any person who appears to have such intoxicating liquors, denatured spirits, or other articles in his possession, custody or control.

75. All convictions and fines and penalties under this Ordinance shall be had and recovered summarily, but proceedings for the recovery of any such fine or penalty shall be commenced within six months after the offence was committed.

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LIQUORS CONSOLIDATION. No. 9 of 1911. 1883 made com- 73. If any search made without warrant under this Ordinance is unsuccessful and there is no reason to suppose that any intoxicating liquors, denatured spirits, or other articles liable to forfeiture under this Ordinance have been thrown away or otherwise disposed of in order to avoid detection, the Superintendent shall repack or cause to be repacked any goods unpacked during such search and shall make good any damage caused thereby. In the event of any dispute as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising, such amount shall be ascertained by a magistrate, and the Superintendent shall pay such amount so ascertained immediately upon production by the aggrieved person of a certificate thereof under the hand of the magistrate. PART III. Warrants, proceedings, offences, penalties and forfeitures. 74. Whenever it appears to any magistrate upon the oath of any person of repute that there is good cause to believe that there are in any building, vessel (not being or having the status of a ship of war), or place any intoxicating liquors or denatured spirits or other articles subject to forfeiture as to which an offence has been or is about to be committed against any of the provisions of this Ordinance, such magistrate may, by warrant directed to any European police or revenue officer, empower such officer, with such assistants as may be necessary, by day or night— (1) to enter and if necessary to break into such building, vessel, or place and to search for and take possession of any such intoxicating liquors, denatured spirits, or other articles; (2) to arrest any person who appears to have such intoxicating liquors, denatured spirits, or other articles in his possession, custody or control. 75. All convictions and fines and penalties under this Ordinance shall be had and recovered summarily, but proceedings for the recovery of any such fine or penalty shall be commenced within six months after the offence was committed.
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LIQUORS CONSOLIDATION. No. 9 of 1911. 1883 made com- 73. If any search made without warrant under this Ordi- If unsuccess nance is unsuccessful and there is no reason to suppose that ful search any intoxicating liquors, denatured spirits, or other articles pensation to liable to forfeiture under this Ordinance have been thrown be paid. away or otherwise disposed of in order to avoid detection, the Superintendent shall repack or cause to be repacked any goods unpacked during such search and shall make good any dam- age caused thereby. In the event of any dispute as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising, such amount shall be ascertained by a magistrate, and the Superintendent shall pay such amount so ascertained immediately upon production by the aggrieved person of a certificate thereof under the hand of the magistrate. PART III. Warrants, proceedings, offences, penalties and forfeitures. warrant by 74. Whenever it appears to any magistrate upon the oath issue of of any person of repute that there is good cause to believe search that there are in any building, vessel (not being or having magistrate. the status of a ship of war), or place any intoxicating liquors or denatured spirits or other articles subject to forfeiture as to which an offence has been or is about to be committed against any of the provisions of this Ordinance, such magis- trate may, by warrant directed to any European police or revenue officer, empower such officer, with such assistants as may be necessary, by day or night— (1) to enter and if necessary to break into such building, vessel, or place and to search for and take possession of any such intoxicating liquors, denatured spirits, or other articles; (2) to arrest any person who appears to have such intoxica- ting liquors, denatured spirits, or other articles in his posses- sion, custody or control. fines and 75. All convictions and fines and penalties under this Ordi- Recovery of nance shall be had and recovered summarily, but proceedings forfeitures. for the recovery of any such fine or penalty shall be com- menced within six months after the offence was committed.
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LIQUORS CONSOLIDATION.

No. 9 of 1911.

1883

made com-

73. If any search made without warrant under this Ordi- If unsuccess nance is unsuccessful and there is no reason to suppose that ful search any intoxicating liquors, denatured spirits, or other articles pensation to liable to forfeiture under this Ordinance have been thrown be paid. away or otherwise disposed of in order to avoid detection, the Superintendent shall repack or cause to be repacked any goods unpacked during such search and shall make good any dam- age caused thereby. In the event of any dispute as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising, such amount shall be ascertained by a magistrate, and the Superintendent shall pay such amount so ascertained immediately upon production by the aggrieved person of a certificate thereof under the hand of the magistrate.

PART III.

Warrants, proceedings, offences, penalties and forfeitures.

warrant by

74. Whenever it appears to any magistrate upon the oath issue of of any person of repute that there is good cause to believe search that there are in any building, vessel (not being or having magistrate. the status of a ship of war), or place any intoxicating liquors or denatured spirits or other articles subject to forfeiture as to which an offence has been or is about to be committed against any of the provisions of this Ordinance, such magis- trate may, by warrant directed to any European police or revenue officer, empower such officer, with such assistants as may be necessary, by day or night—

(1) to enter and if necessary to break into such building, vessel, or place and to search for and take possession of any such intoxicating liquors, denatured spirits, or other articles;

(2) to arrest any person who appears to have such intoxica- ting liquors, denatured spirits, or other articles in his posses- sion, custody or control.

fines and

75. All convictions and fines and penalties under this Ordi- Recovery of nance shall be had and recovered summarily, but proceedings forfeitures. for the recovery of any such fine or penalty shall be com- menced within six months after the offence was committed.

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