604 THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1909.
Government licensees.
Settlement
of difference
between incoming and out-
going Opium Farmers.
Failure to appoint arbitrator.
Time for award.
Powers of arbitrators.
Importation of prepared
opium, etc.
30. All licensees of the Governor-in-Council under section 25 of this Ordinance when there is no Opium Farm- er, shall, during the last three months of the period of their licences, be subject to such restrictions as to the quantities of prepared opium and dross opium they shall prepare and sell as the Governor-in-Council may from time to time determiue.
31.--(1) In the event of any difference arising between the incoming and outgoing Opium Farmers as to the quan- tities of prepared opium or dross opium produced or sold during the last three months of the term and the value of the same, or as to the nature and quantity of the raw or prepared opium so to be purchased or made over or the values thereof, or as to the value of the furniture, fittings, and implements aforesaid, such difference shall be determined by three arbitrators, one to be appointed by the incoming farmer, one by the outgoing farmer, and one by the Governor.
(2.) The majority of the arbitrators may determine, and are hereby empowered to decide in each particular case, what are usual quantities of prepared opium and dross opium within the meaning of this Ordinance.
(3.) The award of the arbitrators or of a majority of them shall be final, and the arbitration or such other settle- ment shall be held at such time after the end of the term of the outgoing farmer as may seem reasonable to the Governor.
(4.) Any award made may be filed in the Supreme Court pursuant to the Code of Civil Procedure for the time being in force.
32. In case either the incoming or the outgoing Opium Farmer fails to appoint au arbitrator within ten days from his receiving notice from the Governor to do SO, the other two arbitrators may proceed with the award, and, in ease of difference of opinion, they shall appoint au umpire, whose award shall be final, and may be filed in the Supreme Court pursuant to the said Code.
33. The Governor shall fix the time within which the award of the arbitrators is to be completed, and such time shall be specified on the appointment of each arbitrator.
34. The arbitrators shall have the same powers as if the appointment and reference to arbitration had been made by an order of the Supreme Court under the said Code.
Importation and Exportation,
35.-1.) It shall be lawful for the Opium Farmer, subject où each occasion to the consent of the Superintend- ent signified in writing muder his hand having been previously obtained, to bring into the Colony prepared opium, opinm dross, dross opium or halan.
No person except the Opium Farmer acting with such consent as aforesaid shall bring into the Colony any prepared opium, opium dross, dross opium or halan.
(2.) No person, except the Opium Farmer, his licensees. and persons duly authorized by him in writing, shall have in his possession within the Colony any prepared opium without having a valid certificate under section 39 of this Ordinance,
(3.) No person shall have in his possession within the Colony any dross opium without the knowledge and cou- sent of the Dross Farmer,
(4.) No person, except a Dross Farmer or a duly licensed person under this Ordinance, shall, within the Colony, collect opium dross or halau or have in his posses- sion, without the knowledge and consent of the Dross Farmer or his licensees, any opium dross or halau, except such as may be the result of his own smoking or of smoking on his own premises (the burden of proof whereof shall lie on such person), and such opium dross or halan shall in no ease exceed two taels in weight: Provided that when any person has in his possession any such opium dross or hulau in excess of two taels weight, and gives notice thereof to the Dross Farmer, the Dross Farmer shall purchase the same at a fair and reasonable rate.
A