606
THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27,
Power of
Regulations.
41. The Governor-in-Council may from time to time Governor-in- make rules for any of the following purposes :-
Council to make rules.
Making of regulations relating to fines.
Prohibition of opium divans. Penalty for keeping divan.
Penalty for smoking in divan..
Presumption
that person found in
(a.) To determine the quality of prepared opium and dross opium to be sold by the Opium Farmer or Dross Farmer or their licensees.
(b) To determine the packages and receptacles in which prepared opium and dross opium shall be sold to the public and the quantities to be contained therein.
(.) To prescribe the keeping of such books and registers and the making of such returns by the Opium Farmer or the Dross Farmer as may be considered necessary or desirable to permit of a thorough investigation being made by the Government of the manner in which the farm business is conducted and of the profits or losses arising therefrom.
42.-(1.) The Governor-in-Council may from time to time make, and, when made, alter, add to, or revoke, a scale of fines to be levied for breaches of any conditions, rules or regulations made under this Ordinance": Provided that such scale shall not come into effect until the same has been published in The Gazette.
(2.) Every fine provided by such seale shall be levied in the same manner as the fines imposed by this Ordinance..
Opium Dicans.
43. No person shall open, keep or use any opium divan.
44. The keeper of an opium divan shall on summary conviction be liable to a penalty not exceeding five hun dred dollars.
45. Every person who in any opium divan smokes pre- pared opium or dross opium shall on summary conviction be liable to a penalty not exceeding twenty-five dollars.
46. A person found in any opium divan or found escaping therefrom on the occasion of its being entered under this Ordinance shall be presumed until the contrary is prove been smoking to be or to have been smoking prepared opium or dross
opinm therein.
divan has
therein.
Power of Justice of Peace to
issue warrant
to enter.
Penalty for administra
tion of morphine, except in
certain case.
Penalty for furnishing morphine, except in
certain case.
47. Whenever it appears to auy Justice of the Peace upon the oath, affirmation or declaration of any person that there is reasonable cause to believe that any place is an opium divan such Justice of the Peace may by his warrant directed to any Police Officer empower such officer by day or by night to enter and if necessary to break into such place and to arrest any persons and to seize any prepared opium or dross opium and implements for the smoking of prepared opium or dross opium, as may be found therein, and such prepared opium, dross opium and implements shall and are hereby declared to be forfeited to the Crown.
PART III.
MORPHINE AND COMPOUNDS OF OPIUM,
48.-(1.) Every person who administers by injection any morphine to any other person, except in a case where the same has been prescribed by some duly qualified medical practitioner, shall, on conviction before a Magistrate, be liable to a penalty not exceeding fifty dollars or to impri- sonment, with or without hard labour, for any term not exceeding two months.
(2.) The onus of proving the exception shall lie on the person so administering the morphine.
OF
40.-(1.) Every person who, except in a case where morphine has been prescribed by some duly qualified medical practitioner, furnishes morphine to any person, except to a duly qualified medical practitioner or to a chemist druggist, shall, ou conviction before a Magistrate, be liable to a penalty not exceeding fifty dollars or to imprisonment, with or without hard labour, for any term not exceeding two months.
1909.