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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 3, 1909.
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(2.) If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorized person or in such un- authorized place, or if any implement within the meaning of this Ordinance is found in the possession of such unauthorized person or in such unauthorized place, the Magistrate may order such opium or such implement or im- plements to be forfeited, and may, in his discretion, direct that they be delivered to the Opinn Farmer.
75.-(1.) When any opium or any implement is found Unclaimed without being apparently in the possession of any person,
opium. or when the Opium Farmer shall have proved to the satisfaction of a Magistrate that he is unable to proceed against any individual with respect to any opium or any implement as to which an offence has been committed against this Ordinance, by reason of the fact that the offender is out of the jurisdiction or cannot be found, the Magistrate may cause a notice in English and Chinese to be affixed to the place where such opium or implement has been found or where it is known to be stored calling upon the owner thereof to claim the same.
(2.) If no person makes such a claim within one week from the affixing of such notice or if any such claim is made within the like period but is not subsequently sub- stantiated to the satisfaction of a Magistrate, such opium or implement shall be forfeited, and may be delivered by the Magistrate, in his discretion, to the Opium Farmer,
76.—(1.) Every person who conceals or secretly places Opium con- any opium in any part of any steamship shall, on cealed on summary conviction, be liable to a penalty not exceeding steamship. five hundred dollars, and, in default of payment, to impri- sonment, with or without hard labour, for any term not exceeding six months.
(2.) Any opium concealed or secretly placed as afore- said shall be seized, and the Magistrate may, whether any person is charged with or convicted of any offence under this section or not, order such opium to be forfeited: and if the Opium Farmer, within one week after such forfeiture, proves,
to the satisfaction of a Magistrate, that any opium so forfeited was not covered by a certificate under section 39 of this Ordinance and that he was not privy to its being brought on board the ship, the Magistrate inay, if he thinks fit, order such opium so forfeited or any part of it to be delivered to the Opium Farmer.
77.-(1.) No person shall bring or have in his poss- Opium not ession on board any ship any opium, other than prepared on ship's opium or dross opium not exceeding the quantity specified manifest. in section 36 of this Ordinance, unless the same is entered
on the manifest of the ship.
(2.) The master of such ship may seize any such opium as aforesaid found on board his ship which is not entered on the manifest, and may retain the same in his possession until he can deliver it to the Police,
(3.) Notwithstanding anything in this Ordinance, all such opium as aforesaid found on board any such ship. which is not entered on the manifest shall be forfeited to the Crown: Provided that if the Opium Farmer, within one week after such forfeiture, proves, to the satis- faction of a Magistrate, that any opium so forfeited was not covered by a certificate under section 39 of this Ordin- ance and that he was not privy to its being brought on board the ship, the Magistrate may, if he thinks fit, order such opium so forfeited or any part of it to be delivered to the Opium Farmer.
78.-(1.) Any opium forfeited to the Crown under this Ordinance and not ordered by the Magistrate to be delivered to the Opium Farmer, shall be disposed of as the Governor may direct, provided that it be not sold within the Colony, except to the Opium Farmer, during the currency of the farm existing at the time of such forfeiture.
Disposal of opium for-
feited to the Crown.
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