1964_DANGEROUS_DRUGS_ORDINANCE — Page 37

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 134]

Dangerous Drugs

[1988 Ed.

(2) Any person who is proved to have had in his possession or under his control or subject to his order-

(a) a document of title to goods as defined in section 2 of the Sale of Goods Ordinance (Cap. 26); or

(b) any of the following documents, whether or not they are documents of title to goods as defined in section 2 of the Sale of Goods Ordinance, namely, a dock warrant, a godown warrant or receipt, a warehouse keeper's certificate, warrant or order for the delivery of goods or a baggage receipt or a document or thing intended to serve the purpose of a baggage receipt,

relating to any thing containing a dangerous drug shall, until the contrary is proved, be presumed to have had such drug in his possession.

(3) Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug.

(4) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the dangerous drug. (Replaced, 46 of 1971, s. 8)

Presumption concerning divans

48. (1) Whenever a pipe, or an article of equipment or apparatus, fit for the smoking, inhalation, ingestion or injection of a dangerous drug is found in any place or premises, it shall be presumed, until the contrary is proved, that such place or premises is a divan. (Amended, 46 of 1971, s. 9)

(2) Any person found in or escaping from a divan shall, until the contrary is proved, be presumed-

(a) to have been smoking, inhaling, ingesting or injecting a dangerous drug therein; and

(b) to have known the nature of such drug. (Replaced, 24 of 1987, s. 3)

49. [Repealed, 5 of 1971, s. 13]

PART VIIA

CONFIDENTIALITY OF RECORDS

Interpretation

49A. In this Part, unless the context otherwise requires-

"Commissioner" means the Commissioner for Narcotics;

"confidential information" means information which is recorded by the Registry or a reporting agency in respect of any person and which relates to any one or more of the following-

(a) the use, or alleged use, by that person of a dangerous drug;

(b) the conviction of that person for an offence under this Ordinance;

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36 CAP. 134] Dangerous Drugs [1988 Ed. (2) Any person who is proved to have had in his possession or under his control or subject to his order- (a) a document of title to goods as defined in section 2 of the Sale of Goods Ordinance (Cap. 26); or (b) any of the following documents, whether or not they are documents of title to goods as defined in section 2 of the Sale of Goods Ordinance, namely, a dock warrant, a godown warrant or receipt, a warehouse keeper's certificate, warrant or order for the delivery of goods or a baggage receipt or a document or thing intended to serve the purpose of a baggage receipt, relating to any thing containing a dangerous drug shall, until the contrary is proved, be presumed to have had such drug in his possession. (3) Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug. (4) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the dangerous drug. (Replaced, 46 of 1971, s. 8) Presumption concerning divans 48. (1) Whenever a pipe, or an article of equipment or apparatus, fit for the smoking, inhalation, ingestion or injection of a dangerous drug is found in any place or premises, it shall be presumed, until the contrary is proved, that such place or premises is a divan. (Amended, 46 of 1971, s. 9) (2) Any person found in or escaping from a divan shall, until the contrary is proved, be presumed- (a) to have been smoking, inhaling, ingesting or injecting a dangerous drug therein; and (b) to have known the nature of such drug. (Replaced, 24 of 1987, s. 3) 49. [Repealed, 5 of 1971, s. 13] PART VIIA CONFIDENTIALITY OF RECORDS Interpretation 49A. In this Part, unless the context otherwise requires- "Commissioner" means the Commissioner for Narcotics; "confidential information" means information which is recorded by the Registry or a reporting agency in respect of any person and which relates to any one or more of the following- (a) the use, or alleged use, by that person of a dangerous drug; (b) the conviction of that person for an offence under this Ordinance; i 1

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36 CAP. 134] Dangerous Drugs [1988 Ed. (2) Any person who is proved to have had in his possession or under his control or subject to his order- (a) a document of title to goods as defined in section 2 of the Sale of Goods Ordinance (Cap. 26); or (b) any of the following documents, whether or not they are documents of title to goods as defined in section 2 of the Sale of Goods Ordinance, namely, a dock warrant, a godown warrant or receipt, a warehouse keeper's certificate, warrant or order for the delivery of goods or a baggage receipt or a document or thing intended to serve the purpose of a baggage receipt, relating to any thing containing a dangerous drug shall, until the contrary is proved, be presumed to have had such drug in his possession. (3) Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug. (4) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the dangerous drug. (Replaced, 46 of 1971, s. 8} Presumption concerning divans 48. (1) Whenever a pipe, or an article of equipment or apparatus, fit for the smoking, inhalation, ingestion or injection of a dangerous drug is found in any place or premises, it shall be presumed, until the contrary is proved, that such place or premises is a divan. (Amended, 46 of 1971, s. 9) (2) Any person found in or escaping from a divan shall, until the contrary is proved, be presumed- (a) to have been smoking, inhaling, ingesting or injecting a dangerous drug therein; and (b) to have known the nature of such drug. (Replaced, 24 of 1987, s. 3) 49. [Repealed, 5 of 1971, s. 13) PART VIIA CONFIDENTIALITY OF RECORDS Interpretation 49A. In this Part, unless the context otherwise requires- "Commissioner" means the Commissioner for Narcotics; "confidential information" means information which is recorded by the Regis- try or a reporting agency in respect of any person and which relates to any one or more of the following- (a) the use, or alleged use, by that person of a dangerous drug; (b) the conviction of that person for an offence under this Ordinance; i 1

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CAP. 134]

Dangerous Drugs

[1988 Ed.

(2) Any person who is proved to have had in his possession or under his control or subject to his order-

(a) a document of title to goods as defined in section 2 of the Sale of

Goods Ordinance (Cap. 26); or

relating to any thing containing a dangerous drug shall, until the contrary is proved, be presumed to have had such drug in his possession.

(3) Any person who is proved or presumed to have had a dangerous drug in his possession shall, until the contrary is proved, be presumed to have known the nature of such drug.

(4) The presumptions provided for in this section shall not be rebutted by proof that the defendant never had physical possession of the dangerous drug. (Replaced, 46 of 1971, s. 8}

Presumption concerning divans

(2) Any person found in or escaping from a divan shall, until the contrary is proved, be presumed-

(a) to have been smoking, inhaling, ingesting or injecting a dangerous

drug therein; and

(b) to have known the nature of such drug. (Replaced, 24 of 1987, s. 3)

49. [Repealed, 5 of 1971, s. 13)