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Chapter: | 109
![]() | Title: | DUTIABLE COMMODITIES ORDINANCE | Gazette Number: | |
| Section: | 59 | Heading: | Presumptions in proceedings for illicit distillation, etc. | Version Date: | 30/06/1997 |
(1) In any proceedings under this Ordinance relating to illicit distillation, all spirits and all stills, apparatus suitable for distilling, vessels, utensils, fermenting and fermented materials or any chattels or things, whether fixed to 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, in the absence of evidence to the contrary, is presumed to have been unlawfully making, distilling, rectifying, purifying, refining or processing spirits. (Amended 3 of 1970 ss. 26 & 36; 66 of 1986 s. 26; 46 of 1996 s. 29) [cf. 1831 c. 55 s. 19 U.K.]