Cross-boundary Movement of Physical Currency and Bearer Negotiable
Instruments Ordinance
Part 4
Ord. No. 7 of 2017
Section 31
A253
- (b) it is proved that the offence has been committed with the consent or connivance of or is attributable to the neglect of a person specified in subsection (2) (specified person),
the specified person also commits the offence and is liable to be proceeded against and punished accordingly.
(2) A specified person is a person who, at the time of the offence, was—
- (a) for an offence committed by a body corporate—a director, secretary, principal officer or manager of the body corporate;
- (b) for an offence committed by a member of an unincorporated body—a partner or office holder in, or a member or manager of, the body; or
- (c) in either case mentioned in paragraph (a) or (b)— purporting to act in the capacity of a person referred to in that paragraph.
31. Burden of proof
A person charged with an offence against this Ordinance is taken to have established a fact that needs to be established for a defence if—
- (a) there is sufficient evidence to raise an issue with respect to the fact; and
- (b) the contrary is not proved by the prosecution beyond reasonable doubt.
32. Protection of authorized officer
(1) An authorized officer is not civilly liable for an act done or omitted to be done by the officer in good faith—
