Dutiable Commodities.
[CAP. 109
may call in
39. The magistrate hearing any charge under this Magistrate Ordinance may, at the request of the accused, employ an expert analyst or other expert to report on any technical point. [38]
experts' fees.
37 of 1950.
40. On the conviction of any person at whose request the Government Chemist or an expert has given evidence or an expert has made a report, the magistrate may without prejudice to his other powers order such person to pay the expert's fee, which may be recovered like a fine, and which, for the evidence of the Government Chemist shall be fifty dollars. [39]
Schedule.
41. (1) Except as in this section provided, no information laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to disclose the name or address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court or magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further: Provided that if on the trial of any offence under this Ordinance the magistrate after full inquiry into the case is satisfied that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court or magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court or magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
(2) A magistrate may, on the application of the Director, award to an informer any portion, not exceeding one half, of any fine imposed under this Ordinance. [40]
seizure not to
into by court.
42. On any trial before any magistrate and in any proceedings on appeal in the Supreme Court relating to the seizure of anything under this Ordinance, the magistrate or the court shall proceed to such trial and to the hearing
239
Dutiable Commodities.
[CAP. 109
may call in
39. The magistrate hearing any charge under this Magistrate Ordinance may, at the request of the accused, employ an expert. analyst or other expert to report on any technical point. [38]
experts' fees.
37 of 1950.
40. On the conviction of any person at whose request Recovery of the Government Chemist or an expert has given evidence or an expert has made a report, the magistrate may without Schedule. prejudice to his other powers order such person to pay the expert's fee, which may be recovered like a fine, and which, for the evidence of the Government Chemist shall be fifty 24 of 1950, dollars.
[39]
Schedule.
41. (1) Except as in this section provided, no informa- Informers. tion laid under this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever and no witness shall be obliged or permitted to disclose the name or address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover, if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or des- cribed or which might lead to his discovery, the court or magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further: Provided that if on the trial of any offence under this Ordinance the magistrate after full inquiry into the case is satisfied that the informer wilfully made in his information a material state- ment which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court or magistrate is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court or magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.
(2) A magistrate may, on the application of the Director, award to an informer any portion, not exceeding one half, of any fine imposed under this Ordinance.
[40]
seizure not to
into by court.
42. On any trial before any magistrate and in any Manner of proceedings on appeal in the Supreme Court relating to the be inquired seizure of anything under this Ordinance, the magistrate or the court shall proceed to such trial and to the hearing
239
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