THE HONGKONG GOVERNMENT GAZETTE, 21ST APRIL, 1894.
No. 4 or 1894.
An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legis- lative Council thereof, to amend The Prepared Opium Ordinance, 1891.
LS
B
G. T. M. OBRIEN,
Officer Administering the Government.
[17th April, 1894.]
E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:—
1. This Ordinance shall be read and construed as one together with Ordinance No. 21 of 1891, hereinafter referred to as "the principal Ordinance."
2. Sections 38 and 39 of the principal Ordinance are hereby repealed.
3. In lieu of Section 38 of the principal Ordinance the following words shall be substituted :-
No person shall bring or have in his possession on board any ship bound for or about to proceed to Cantou or Macao any opium exceeding two taels in weight which is not entered on the manifest of the ship.
The Master of such ship may scize 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. Notwithstanding anything in the principal Ordinance contained, all such opium as aforesaid found on board any such ship which is not entered on the manifest shall be forfeited to the Crown. Pro- vided that, if the Opium Farmer shall, within one week after such forfeiture, prove to the satisfaction of the Governor in Council that any opium so forfeited was not covered by a Certificate under section 12 of the principal Ordinance and that he was not privy to its being brought on board the ship, the Governor in Council may, if he thinks fit, order such opium so forfeited or any part of it to be delivered to the Opium Farmer. Any contravention of this section shall be deemed an
offence against the principal Ordinance.
4. In lieu of section 39 of the principal Ordinance the following words shall be substituted :-
Any opium forfeited to the Crown under the preceding section, and not ordered by the Governor in Council to be delivered to the Opium Farmer, shall be disposed of as the Governor in Council may direct, provided that it be not sold within the Colony during the currency of the Farm existing at the time of such forfeiture. No Police Officer or other person having any opium seized under the preceding section in his possession for the pur- pose of retaining the same until forfeiture or until its disposal is determined upon by the Governor in Council or afterwards for the purpose of giving effect to such order of disposition, shall be liable to any penalty under the principal Ordinance by reason of such opium not being accompanied by a certificate under section 12 of such Ordinance or otherwise.
5. This Ordinance shall not come into operation unless and until the Officer Administering the Government notifies by Proclamation that it is Her Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Officer Administering the Government shall notify by the same or any other Proclamation.
Passed the Legislative Council of Hongkong, this 16th day of April, 1894.
J. G. T. BuCKLE, Acting Clerk of Councils.
Assented to by His Excellency the Officer Administering the Goverument, the 17th day of April, 1894.
G. T. M. OBRIEN,
Colonial Secretary.
4
Ordinance te
be read with No 21 of 1891.
Repeal.
Section subs- tituted for section 38 of No. 21 of 1891,
Opium not on ship's manifest when ship bound for Canton or Macao.
Master may geize.
Forfeiture to Crown.
Disposal where Opium Farmer not privy to opium being on board.
Offence.
Section subg- tituted for section 39 of
No. 21 of 1891.
Disposal of
oplum for-
feited to the
Grown.
Protection of possession in accordance with disposal order, &c.
Suspending clause,
319