634
THE HONGKONG GOVERNMENT GAZETTE, 25TH JULY, 1891.
Failure to appoint arbitrator.
(1 of 84. 22.)
rime.
(1 of 84. 23.)
Powers of arbitrators.
(1 of 84, 24.)
Arbitration not compul- sory.
Taking over stocks.
(1 of 84, 25.)
Personal signatures.
(22 of 87, 19.)
False parti-
culars.
(22 of 87, 19.)
Obstruction by farmer. (22 of 87, 18.)
funks not to leave at night. (22 of 87, 150
Public officers not to be interested.
(1 of 84, 38.)
35. In case either the out-going or incoming opium farmer fails to appoint an arbitrator within ten days from his receiving notice from the Governor so to do, and also fails to furnish the Colonial Secretary with the notice provided for in section 38, the other two arbitrators may proceed with the award, and in case of difference of opinion they shall appoint an umpire, whose award shall be final, and may be filed in Court pursuant to the Code of Civil Procedure.
36. The Governor shall fix the time within which the award of such arbitrators is to be completed, and such time shall be specified on the appointment of each arbitrator.
37. 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 Code of Civil Procedure, and their award in each case shall be final.
38. Nothing in sections 34 to 37 shall be so construed as to compel either the incoming or out-going farmer to submit any difference whatever between them to arbitra- tion to the exclusion of any suit or action and should either of them, within the ten days specified in section 35, notify the Colonial Secretary in writing that he prefers to bring or to defend any suit or action the arbitration shall not take place, and both parties shall be allowed, at their option, to resort to ordinary legal procedure.
39. The opium farmer and his licensees shall, on the expiration of his term, hand over to the incoming farmer, and the incoming farmer shall take over from the out-going farmer all his stock of raw or prepared opium, as may be agreed upon between them, subject to the provisions of sections 33 to 38 in case of difference.
Miscellaneous,
40. Every person who, under this Ordinance, shall make any application, or supply any particulars, return, account, or other written statement thereby required to be made or supplied, shall sign the same himself, unless he be absent from the Colony, or unable, through sickness, to attend to business, in which case such statement or account may be signed for him by his agent.
41. If any such application, particulars, return, account, or other statement, or any register kept under this Ordi- nance shall be false or incorrect, either wholly or in part, to the knowledge of the person so making, supplying, or keeping the same, whether the same be signed or kept by himself or by his agent, such person shall, in every case not otherwise provided for by this Ordinance, be liable on conviction to a penalty not exceeding one thousand dollars or in default to inprisonment with or without hard labour for a period not exceeding three months, for a first, or two thousand dollars or in default to imprisonment with or without hard labour for a period not exceeding six months, for a subsequent offence; and such agent, if offending, shall also and in like manner be liable to similar penalties.
42. If the opium farmer shall neglect or refuse, or shall without sufficient cause unreasonably delay to do any " of the acts or things herein provided and required to be done by him, by sections 17, 18, and 19 of this Ordinance, he shall be liable on summary conviction to a penalty not exceeding five hundred dollars for each such offence.
43. No junk or other Chinese craft, whether licensed or not, shall leave her anchorage (unless stress of weather renders it necessary for the safety of the vessel) during the following hours;-
October to March inclusive, 6 p.m. to 6 a.m. April to September inclusive, 7 P.M. to 5 A.M. under a penalty, on conviction before two Magistrates sitting together not exceeding five hundred dollars, or the forfeiture of the junk and cargo. This section shall not apply to Hongkong fishing boats licensed under Ordinance 8 of 1879, section 38 (24), or any provisions substituted there- for, provided they have obtained a permit from the Harbour Master allowing them to move within the hours aforesaid.
44. Persons employed in any department of the public service, and persons in their employ, or any of them, are disqualified from becoming or being in any way possessed of or directly or indirectly interested in any privilege or licence under this Ordinance, or the profits thereof, whether at law or in equity, and whether in their own right re- spectively or in the right of another, and from suing for or in respect of or in any way enforcing the same.