1964_DANGEROUS_DRUGS_ORDINANCE — Page 33

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 134]

Dangerous Drugs

[1988 Ed.

Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.

Procedure on appeal

38J. Subject to sections 38H and 38I, the procedure on an appeal shall with all necessary modifications be that applicable to an appeal against conviction for an offence on indictment under section 82 of the Criminal Procedure Ordinance (Cap. 221), and an appeal against sentence under section 83G of the Criminal Procedure Ordinance.

Amendment of Fifth Schedule

38K. (1) The Governor in Council may by order amend the Fifth Schedule.

(2) Any question as to what constitutes an excessive quantity of dangerous drugs shall be determined by reference to the quantity specified in the Fifth Schedule at the time of the finding and, in the case of a finding before the date on which this part came into operation, to the quantity so specified on that date. (PART VA added, 48 of 1982, s. 2; effective from 15.1.83)

PART VI

CONSPIRACY TO COMMIT OFFENCE UNDER ORDINANCE,

FALSE STATEMENTS, AIDING, ETC. OFFENCE UNDER

CORRESPONDING LAW, JOINT TRIAL IN CERTAIN

CASES AND CONVICTION OF OTHER OFFENCES

Conspiracy

39. Any person convicted of conspiracy to commit an offence under this Ordinance shall be liable to the penalty prescribed for that offence and any special rules of evidence which apply with respect to the proof of that offence under this Ordinance shall apply in like manner to the proof of conspiracy to commit such offence.

False statements, and aiding, abetting, etc. offence under corresponding law

40. (1) Any person who-

(a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a licence or certificate under this Ordinance, makes any declaration or statement which is false in a material particular;

(b) knowingly utters, produces or makes use of any such declaration or statement or a document containing any such declaration or statement; or

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32 CAP. 134] Dangerous Drugs [1988 Ed. Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred. Procedure on appeal 38J. Subject to sections 38H and 38I, the procedure on an appeal shall with all necessary modifications be that applicable to an appeal against conviction for an offence on indictment under section 82 of the Criminal Procedure Ordinance (Cap. 221), and an appeal against sentence under section 83G of the Criminal Procedure Ordinance. Amendment of Fifth Schedule 38K. (1) The Governor in Council may by order amend the Fifth Schedule. (2) Any question as to what constitutes an excessive quantity of dangerous drugs shall be determined by reference to the quantity specified in the Fifth Schedule at the time of the finding and, in the case of a finding before the date on which this part came into operation, to the quantity so specified on that date. (PART VA added, 48 of 1982, s. 2; effective from 15.1.83) PART VI CONSPIRACY TO COMMIT OFFENCE UNDER ORDINANCE, FALSE STATEMENTS, AIDING, ETC. OFFENCE UNDER CORRESPONDING LAW, JOINT TRIAL IN CERTAIN CASES AND CONVICTION OF OTHER OFFENCES Conspiracy 39. Any person convicted of conspiracy to commit an offence under this Ordinance shall be liable to the penalty prescribed for that offence and any special rules of evidence which apply with respect to the proof of that offence under this Ordinance shall apply in like manner to the proof of conspiracy to commit such offence. False statements, and aiding, abetting, etc. offence under corresponding law 40. (1) Any person who- (a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a licence or certificate under this Ordinance, makes any declaration or statement which is false in a material particular; (b) knowingly utters, produces or makes use of any such declaration or statement or a document containing any such declaration or statement; or

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32 CAP. 134] Dangerous Drugs [1988 Ed. Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred. Procedure on appeal 38 J. Subject to sections 38H and 381, the procedure on an appeal shall with all necessary modifications be that applicable to an appeal against conviction for an offence on indictment under section 82 of the Criminal Procedure Ordinance (Cap. 221), and an appeal against sentence under section 83G of the Criminal Procedure Ordinance. Amendment of Fifth Schedule 38K. (1) The Governor in Council may by order amend the Fifth Schedule. (2) Any question as to what constitutes an excessive quantity of dangerous drugs shall be determined by reference to the quantity specified in the Fifth Schedule at the time of the finding and, in the case of a finding before the date on which this part came into operation, to the quantity so specified on that date. (PART VA added, 48 of 1982, s. 2; effective from 15.1.83) PART VI CONSPIRACY TO COMMIT OFFENCE UNDER ORDINANCE, FALSE STATEMENTS, AIDING, ETC. OFFENCE UNDER CORRESPONDING LAW, JOINT TRIAL IN CERTAIN CASES AND CONVICTION OF OTHER OFFENCES Conspiracy 39. Any person convicted of conspiracy to commit an offence under this Ordinance shall be liable to the penalty prescribed for that offence and any special rules of evidence which apply with respect to the proof of that offence under this Ordinance shall apply in like manner to the proof of conspiracy to commit such offence. False statements, and aiding, abetting, etc. offence under corresponding law 40. (1) Any person who- (a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a licence or certificate under this Ordinance, makes any declaration or statement which is false in a material particular; (b) knowingly utters, produces or makes use of any such declaration or statement or a document containing any such declaration or state- ment; or Į

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