S.L. 549.134 Art. 33Presence of the licensed operator during criminal proceedings.     Cap. 9.

(1) Without prejudice to any provisions of these regulations or to any other law, the licensed operator may file a complaint with the Executive Police against a producer, distributor, retailer or catering undertaking for breach of these regulations in relation to the Scheme, and, where it files the said complaint, the operator shall be considered as a complainant for all the purposes of the Criminal Code.

(2) In criminal proceedings instituted by the Executive Police on the complaint of the licensed operator against a producer, distributor, retailer or catering undertaking for breach of the provisions of these regulations relating to the Scheme, it shall be lawful for the operator to be present at the proceedings, to engage an advocate or a legal procurator to assist it, to examine or cross-examine witnesses and to produce, in support of the charge, such other evidence as the court may consider admissible.

(3) Where the operator is to be heard on oath, such evidence shall be taken before that of any other witness of the prosecution, saving the case where, in the opinion of the court, such evidence becomes necessary even at a later stage of the proceedings, or where the producer, distributor, retailer or catering undertaking applies for such evidence at any stage of the proceedings, or where the court sees fit to vary the course of the taking of the evidence.

(4) In criminal proceedings instituted by the Executive Police ex officio or at the instance of the Agency against a producer, distributor, retailer or catering undertaking for breach of the provisions of these regulations relating to the Scheme, it shall be lawful for the licensed operator to engage an advocate or a legal procurator to assist it; such advocate or legal procurator may examine or cross-examine witnesses, produce evidence or make, in support of the charge, any other submission which the court may consider admissible.