1989 Ed.]
Dutiable Commodities
[CAP. 109
41
the premises or not, found in or upon any land or other premises shall be deemed to have been in the possession, custody or control of the occupier of the premises unless he proves that he did not know, and could not with reasonable diligence have known, that such spirits, stills, apparatus, vessels, utensils, materials or other such chattels or things were in or upon the premises. (Amended 3 of 1970 s. 26) [cf. 1923 c. 14 s. 13(5) U.K.]
(2) Every person found in or escaping from any room or place where, in contravention of this Ordinance, materials are being fermented or fermenting materials or intoxicating liquors are being made or prepared or in which any stills, apparatus suitable for distilling, vessels, utensils or other materials for manufacturing, distilling, rectifying, purifying, refining or processing spirits are found or are being made or prepared shall, until the contrary is proved, be deemed to have been unlawfully making, distilling, rectifying, purifying, refining or processing spirits. (Amended 3 of 1970 ss. 26 & 36; 66 of 1986 s. 26) [cf. 1831 c. 55 s. 19 U.K.]
60. Free licences for small stills for registered doctors and pharmacists
The Commissioner may in his discretion issue a licence free of charge to any practitioner registered under the Medical Registration Ordinance (Cap. 161), or to any pharmacist registered under the Pharmacy and Poisons Ordinance (Cap. 138), to keep and use on any specified premises a still of not more than 40/capacity for the purposes only of his profession or business.
(Amended L.N. 189 of 1982; L.N. 294 of 1982)
61. Distilling, etc. adulterated liquor
(1) Any person who imports, distils, makes, manufactures, sells, exposes for sale or has in his possession for sale, supplies or deals in, or puts in any container for any such purpose, any adulterated liquor shall be guilty of an offence and shall, if such adulterated liquor is proved to the satisfaction of a magistrate to be injurious to health, be liable to imprisonment for 2 years, in addition to any other penalty to which he may be liable under this Ordinance. (Amended 3 of 1970 s. 27; 34 of 1976 s. 7)
(1A) Where a person is convicted under this section and it is proved to the satisfaction of a magistrate that an adulterant in any adulterated liquor in respect of which that person has been convicted is a denaturant which is present in such quantities as not to render the liquor being a denatured spirit within the meaning of this Ordinance, that person shall, in addition to any other penalty to which he is liable under this Ordinance, be liable to imprisonment for 2 years. (Added 34 of 1976 s. 7)
1989 Ed.]
Dutiable Commodities
[CAP. 109
41
the premises or not, found in or upon any land or other premises shall be deemed to have been in the possession, custody or control of the occupier of the premises unless he proves that he did not know, and could not with reasonable diligence have known, that such spirits, stills, apparatus, vessels, utensils, materials or other such chattels or things were in or upon the premises. (Amended 3 of 1970 s. 26) [cf. 1923 c. 14 s. 13(5) U.K.]
(2) Every person found in or escaping from any room or place where, in contravention of this Ordinance, materials are being fermented or fermenting materials or intoxicating liquors are being made or prepared or in which any stills, apparatus suitable for distilling, vessels, utensils or other materials for manufacturing, distilling, rectifying, purifying, refining or processing spirits are found or are being made or prepared shall, until the contrary is proved, be deemed to have been unlawfully making, distilling, rectifying, purifying, refining or processing spirits. (Amended 3 of 1970 ss. 26 & 36; 66 of 1986 s. 26) [cf. 1831 c. 55 s. 19 U.K.]
60. Free licences for small stills for registered
doctors and pharmacists
The Commissioner may in his discretion issue a licence free of charge to any practitioner registered under the Medical Registration Ordinance (Cap. 161), or to any pharmacist registered under the Pharmacy and Poisons Ordinance (Cap. 138), to keep and use on any specified premises a still of not more than 40/capacity for the purposes only of his profession or business.
(Amended L.N. 189 of 1982; L.N. 294 of 1982)
61. Distilling, etc. adulterated liquor
(1) Any person who imports, distils, makes, manufactures, sells, exposes for sale or has in his possession for sale, supplies or deals in, or puts in any container for any such purpose, any adulterated liquor shall be guilty of an offence and shall, if such adulterated liquor is proved to the satisfaction of a magistrate to be injurious to health, be liable to imprisonment for 2 years, in addition to any other penalty to which he may be liable under this Ordinance. (Amended 3 of 1970 s. 27; 34 of 1976 s. 7)
(1A) Where a person is convicted under this section and it is proved to the satisfaction of a magistrate that an adulterant in any adulterated liquor in respect of which that person has been convicted is a denaturant which is present in such quantities as not to render the liquor being a denatured spirit within the meaning of this Ordinance, that person shall, in addition to any other penalty to which he is liable under this Ordinance, be liable to imprisonment for 2 years. (Added 34 of 1976 s. 7)
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