1964_GAMBLING_ORDINANCE — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Gambling

[CAP. 148

(b) fraudulently or by any deception whatsoever by words or conduct, including a deception relating to the past, the present or the future and a deception as to the intentions or opinions of any person, directly or indirectly persuades, incites or induces another person to take part in gambling or a lottery,

commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 10 years.

(2) Notwithstanding any rule of law or practice to the contrary, a witness shall not in any proceedings under this section be regarded as an accomplice by reason only of his having taken part in the gambling or the lottery.

PART IV

PROOF OF OFFENCES

17. In any proceedings under this Ordinance-

(a) it shall not be necessary to prove that the gambling or the lottery involved any money or other property or any wager or stake;

(b) it shall not be a defence to show that any money or other property, or any wager or stake, was not to be collected or was not payable or to be delivered until after the gambling or the drawing of the lottery to which such money or other property or the wager or stake related.

18. In any proceedings for an offence under section 5, 7, 9 or 10, the burden of proving that any gambling was lawful by virtue of section 3 or that any lottery was lawful by virtue of section 4, shall be on the defendant.

19. (1) Where in any proceedings under this Ordinance it is proved that-

(a) the entry of a police officer to any premises or place under section 23(2)(a) was prevented, obstructed or delayed;

(b) any premises or place entered under section 23(2)(a) were or was provided with any means for concealing, removing or destroying gambling equipment;

(c) gambling equipment was found in any premises or place entered under section 23(2)(a) or on any person found in any such premises or place,

it shall be presumed until the contrary is proved that the premises or place are or is a gambling establishment.

(2) Where in any proceedings under section 6 it is proved that a person was found in a gambling establishment or that a person

Proof of gaming for money not necessary and credit betting no defence.

Burden of proof that gambling or lottery lawful.

Presumptions.

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1986 Ed.] Gambling [CAP. 148 9 (b) fraudulently or by any deception whatsoever by words or conduct, including a deception relating to the past, the present or the future and a deception as to the intentions or opinions of any person, directly or indirectly persuades, incites or induces another person to take part in gambling or a lottery, commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 10 years. (2) Notwithstanding any rule of law or practice to the contrary, a witness shall not in any proceedings under this section be regarded as an accomplice by reason only of his having taken part in the gambling or the lottery. PART IV PROOF OF OFFENCES 17. In any proceedings under this Ordinance- (a) it shall not be necessary to prove that the gambling or the lottery involved any money or other property or any wager or stake; (b) it shall not be a defence to show that any money or other property, or any wager or stake, was not to be collected or was not payable or to be delivered until after the gambling or the drawing of the lottery to which such money or other property or the wager or stake related. 18. In any proceedings for an offence under section 5, 7, 9 or 10, the burden of proving that any gambling was lawful by virtue of section 3 or that any lottery was lawful by virtue of section 4, shall be on the defendant. 19. (1) Where in any proceedings under this Ordinance it is proved that- (a) the entry of a police officer to any premises or place under section 23(2)(a) was prevented, obstructed or delayed; (b) any premises or place entered under section 23(2)(a) were or was provided with any means for concealing, removing or destroying gambling equipment; (c) gambling equipment was found in any premises or place entered under section 23(2)(a) or on any person found in any such premises or place, it shall be presumed until the contrary is proved that the premises or place are or is a gambling establishment. (2) Where in any proceedings under section 6 it is proved that a person was found in a gambling establishment or that a person Proof of gaming for money not necessary and credit betting no defence. Burden of proof that gambling or lottery lawful. Presumptions. Page 10 Page 11

Baseline (Original)

1986 Ed.] Gambling [CAP. 148 9 (b) fraudulently or by any deception whatsoever by words or conduct, including a deception relating to the past, the present or the future and a deception as to the intentions or opinions of any person, directly or indirectly persuades, incites or induces another person to take part in gambling or a lottery, commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 10 years. (2) Notwithstanding any rule of law or practice to the con- trary, a witness shall not in any proceedings under this section be regarded as an accomplice by reason only of his having taken part in the gambling or the lottery. PART IV PROOF OF OFFENCES 17. In any proceedings under this Ordinance- (a) it shall not be necessary to prove that the gambling or the lottery involved any money or other property or any wager or stake; (b) it shall not be a defence to show that any money or other property, or any wager or stake, was not to be collected or was not payable or to be delivered until after the gambling or the drawing of the lottery to which such money or other property or the wager or stake related. 18. In any proceedings for an offence under section 5, 7, 9 or 10, the burden of proving that any gambling was lawful by virtue of section 3 or that any lottery was lawful by virtue of section 4, shall be on the defendant. 19. (1) Where in any proceedings under this Ordinance it is proved that- (a) the entry of a police officer to any premises or place under section 23(2)(a) was prevented, obstructed or delayed; (b) any premises or place entered under section 23(2)(a) were or was provided with any means for concealing, removing or destroying gambling equipment; (c) gambling equipment was found in any premises or place entered under section 23(2)(a) or on any person found in any such premises or place, it shall be presumed until the contrary is proved that the premises or place are or is a gambling establishment. (2) Where in any proceedings under section 6 it is proved that a person was found in a gambling establishment or that a person Proof of gaming for money not necessary and credit betting no defence. Burden of proof that gambling or lottery lawful. Presumptions. Page 10Page 11

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1986 Ed.]

Gambling

[CAP. 148

commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 10 years.

(2) Notwithstanding any rule of law or practice to the con- trary, a witness shall not in any proceedings under this section be regarded as an accomplice by reason only of his having taken part in the gambling or the lottery.