Sessional_Paper_1911 — Page 82

Sessional Papers 議政定例兩局文件 All

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Meaning of writing.

Meaning of "path "affidavit

>

.and "swear'

Use of Chinese ex- pressions in

•Ordinances.

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30. In any enactment expressions referring t writing or printing shall include, unless the contrary uteution appear, writing, printing, lithography, photogra】 y, type- writing, and every other mode of representing vords or figures in a visible form, but in the case of a boo “print- ing" shall not include writing or type-writing.

Nothing in this section shall be taken to apply o signa-

tures.

ntention

31. In all Ordinances, unless the contrary appear, the words "outh" and "affidavit " inclu, in the cases of persons allowed or required by law to clare or to solemnly affirm instead of swearing, "declara ɔ01 and "solemu affirmation"; àard ** swear in the e cases, includes “declare" and "solemnly affirm ".

32. Where in any enactment Chinese words are used, or where English words are used, fo brackets or otherwise, by Chinese words or terms in Chinese characters or not, the Chinese words shall be held to be included in the enactment meaning and construction thereof shall be in a with Chinese language and custom.

+1

or terms wed, in whether

or terms and the cordance

erwise

appear,

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33. Where the words "or", “other”,

and " 0 Meaning of "or" "other" are used, they shall, unless the contrary intentio "otherwise". be construed disjunctively and not as implying ilarity,

similar", or some other wo

of like

unless the word meaning, is added.

Nothing in this section shall be taken to affect section 11 of the Penaltics Amendment Ordinance, 1911.

Burden of

34. Where the offence with which any proof where charged is :—

erson is

acts done without law- ful excuse.

Meaning of

(a.) the doing of any net; or

(6.) the omission to do any act,

without lawful authority or purpose or reasonab| excuse, the proof of such authority, purpose or excuse sill lie on the person charged.

35. In the construction of every Ordinance rating to in an offence parishable ou indictment or on suminar convic- tion, the expression "person shall, unless the contrary intention appear, include a body corporate.

"person Criminal Ordinances.

Rules as to gender, and number.

Effect of notices in Gazette.

Application

of fees.

fings and forfeiture.

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38. In all enactments, unless the contrary atention appear, words importing the masculine gender sh include females, and words in the singular shall include 1-2 plural, and words in the plural shall include the singular.

37 Where any notice, order, or other docum_nt is re- quired by any Ordinance to be published in the Gazette, or where any document is published in the Gaz, te under section 26 (8) of the Evidence Ordinance, 189 a copy of the Gazette in which it is so published sha!| 2 primá furie evidence of the facts stated in such noti, order,

or document.

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38.-(1.) Where under any enactment any pe on is re- quired to pay any charge or fee for any act or th

done. or documeat issued, or signature or seal affixed ·

any do- ement, by any publie officer or department, or yere any person is adjudged by any Court, or other auth ity duly authorised by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be pai into the Treasury, unless the contrary is otherwise provid; and if any such charge or fee, or any commission on

oney re- ceived or taken possession of, realised or othery se dealt with, is required to be paid to any public officer depart- ment, such officer or department receiving the

me shall pay it into or account for the same in due cour à to the Treasury,

(2.) Where under any enactment any thing ora y animal is adjudged by any Court, or other authority du author- ised by law, to be forfeited, it shall, unless the curary is otherwise provided, or unless it is expressed by aw to be forfeited to any person, he forfeited to the Crow and the net proceeds thereof if it is ordered by competent authority to be sold, shall be paid into the Treasury, inle: the con- trary is otherwise provided.

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