Cap. 101 · Dangerous Drugs Ordinance (Cap. 101)
Cap. 101 ст. 22EDestruction of drugsafterdrawing up a procès- verbal.
PART VI
(1) At the commencement of proceedings under article
22, the drug in respect of which a person is charged shall be exhibited materially in court, as far as possible, and the following procedure shall be followed.
(2) The court shall appoint a photographic expert to take pictures, as shall be indicated by the court, of the drug in its containers, wrappings, packages or receptacles, and shall also appoint an expert to analyse and establish the exact quantity, kind and form and give the most accurate description of the drug, and to take samples thereof for preservation as evidence.
(3) The experts shall, as early as possible, file in court and confirm on oath a written report of their findings, together with the photographs and samples aforementioned.
(4) The court, upon being satisfied with such report or reports shall proceed to have the drug, other than the samples, destroyed under its supervision and draw up a procès-verbal.
(5) The shall be deemed to have been regularly procès-verbal drawn up if it contains a short description of the drug, the experts report or reports are attached thereto and it is signed by the court.
(6) The drawn up as aforesaid shall be evidence procès-verbal of its contents in any criminal proceedings.
(7) The provisions of sub-article (2) shall not apply where the drug has already been photographed and analysed by experts appointed in the course of the inquiry relating to the in genere, unless the court, in the particular circumstances of the case, shall deem it necessary to have the drug photographed and analysed again.
(8) The omission of any of the precautions or formalities referred to in this article shall be no bar to proving, in any manner allowed by law, the facts to which such precaution or formality relates.
История изменений
- Amended by VI.1994.14