### Dutiable Commodities Ordinance 《應課稅品條例》

59. Presumptions in proceedings for illicit distillation, etc.
(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.]

60. Free licences for small stills for registered doctors and pharmacists
The Commissioner may in his discretion issue a licence free of charge to any practitioner registered under the Medical Registration Ordinance (Cap. 161), or to any pharmacist registered under the Pharmacy and Poisons Ordinance (Cap. 138), to keep and use on any specified premises a still of not more than 40 L capacity for the purposes only of his profession or business. 
(Amended L.N. 189 of 1982; L.N. 294 of 1982)

### Dutiable Commodities Ordinance 《應課稅品條例》

61. Distilling, etc. adulterated liquor
(1) Any person who imports, distils, makes, manufactures, sells, exposes for sale or has in his possession for sale, supplies or deals in, or puts in any container for any such purpose, any adulterated liquor shall be guilty of an offence and shall, if such adulterated liquor is proved to the satisfaction of a magistrate to be injurious to health, be liable to imprisonment for 2 years, in addition to any other penalty to which he may be liable under this Ordinance. (Amended 3 of 1970 s. 27; 34 of 1976 s. 7) 
(1A) Where a person is convicted under this section and it is proved to the satisfaction of a magistrate that an adulterant in any adulterated liquor in respect of which that person has been convicted is a denaturant which is present in such quantities as not to render the liquor being a denatured spirit within the meaning of this Ordinance, that person shall, in addition to any other penalty to which he is liable under this Ordinance, be liable to imprisonment for 2 years. (Added 34 of 1976 s. 7) 
(1B) For the purposes of subsection (1), any adulterated liquor found in licensed premises shall be presumed, in the absence of evidence to the contrary, to be in the possession of the licensee for the purpose of sale. (Added 34 of 1976 s. 7. Amended 46 of 1996 s. 30; E.R. 4 of 2020) 
(2) In the case of any conviction under this section the magistrate may order that any liquor to which the conviction relates and any similar liquor, whether the same be proved to have been adulterated or not, which was on the defendant’s premises or in his possession or under his control at the time of the commission of the offence, or which has been seized under this Ordinance, shall be forfeited: 
Provided that no such liquor shall be forfeited if it is proved to the satisfaction of the magistrate by the defendant, or by any person into whose possession such liquor may have come, that the same has not been adulterated or was not for sale. 
(3) Any liquor forfeited under this section shall be disposed of as the Commissioner directs. (Amended L.N. 294 of 1982)

### Dutiable Commodities Ordinance 《應課稅品條例》

64. Denatured spirits to be dutiable goods until certified to the contrary
(1) All the provisions of this Ordinance relating to dutiable goods shall apply to any denatured spirits unless and until the Government Chemist has certified in writing in each case that such spirits are denatured spirits, and upon the issue of such certificate the liquor to which it relates shall be deemed to be not dutiable. (Amended 3 of 1970 s. 28) 
(2) Any fee prescribed by the Chief Executive in Council for such certificate may be proportionate to the duty which would have been payable had the liquor not been denatured: but no such fee (except a minimum fee) shall exceed one-tenth of the duty. (Amended 12 of 1999 s. 3)

64A. Licence not required for home brewing
(1) A licence is not required for the manufacture of alcoholic liquor, other than by distillation and other than for sale, by a person aged 18 or over in premises which are used by the person exclusively as his place of residence and which constitute a separate household unit.
(2) Subsection (1) does not apply—
(a) if the person who manufactures the liquor is in possession, anywhere in Hong Kong, of alcoholic liquor purported to be manufactured under subsection (1) of a total quantity exceeding 50 litres;
(b) if there is kept in the premises in which the liquor is manufactured alcoholic liquor purported to be manufactured under subsection (1) of a quantity exceeding 50 litres;
(c) unless the alcoholic liquor so manufactured—
(i) is stored in sealed containers marked legibly the words “Home Brewed, Not for Sale” or “家中自釀，不得售賣” or words to the same effect; or
(ii) is for immediate consumption.
(3) For the purpose of manufacture of alcoholic liquor under subsection (1) in any premises, a person may without a licence possess in those premises—
(a) any utensil or apparatus, other than a still or part of a still, for manufacturing alcoholic liquor;
(b) fermenting or fermented materials not exceeding 60 litres.
(4) In any prosecution for an offence under this Ordinance, the onus of proving the circumstances are such that subsection (1) applies shall be upon the accused.
(Added 57 of 2000 s. 8)