894
THE HONGKONG GOVERNMENT GAZETTE, 17TH OCTOBER,. 1891.
Sundays. (22 of 87, 20.)
Contraband
opium may
be forfeited.
(1 of 84, 29 and
35; 22 of 87. 13.)
Opium found under
suspicious circumstances. (1 of 84, 30 and 31.)
Unclaimed opium.
(1 of 84, 36.)
Disposal of forfeited opium.
Possession of forfeited oplum,
Analysis.
Vexatious proceedings.
(I of 84, 37.)
An amount of any such opium found on board any such ship and exceeding
(a.) In the case of any steamship of 60 tons burden
and upwards Tis. 50 in weight,
(b.) In the case of any steamship under 60 tons bur-
den Tls. 25 in weight,
(c.) In the case of all other ships Tls. 10 in weight shall be deemed evidence of the unlawful use of any such ship, unless it be proved to the satisfaction of the Magistrate that every reasonable precaution had been taken to prevent the unlawful use of any such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein.
Where practicable, all offences under this section shall be enquired into and adjudicated on by two Magistrates sitting together.
35. All informations to be laid, and all warrants to be issued, and all arrests and seizures to be made under this Ordinance may be had or done on a Sunday as well as on any other day.
Forfeitures.
36. All opium seized with regard to which any breach of this Ordinance, or of any regulation made thereunder, has been committed, together with any implements may be forfeited by the Magistrate and in his discretion adjudged and delivered in whole or part to the farmer.
37. Whenever any seizure of prepared opium is made under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorised person or in any unauthorised place, all raw opium found in the possession of such person, or in such unauthorised place may be seized by any Police or excise officer. If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorised person, or in such unauthorised place, or if any implement within the meaning of this Ordinance be found in possession of such unauthorised person, or in such place, the Magistrate may order such raw opium to be for- feited, and may in his discretion direct that it be delivered to the opium farmer.
38. When any opium or any implement is found without being apparently in the possession of any person, the Ma- gistrate may cause a notice to be affixed at the place where any such opium or implement was found, calling upon the owner thereof to claim the same. If no person shall make such a claim within one week from the affixing of such notice, such opium, or implement shall be forfeited, and may be delivered by the Magistrate' in his discretion to the opium farmer.
39. Notwithstanding anything in this Ordinance contained, any opium scized on board of any steamship bound or about to proceed to the ports of Canton or Macao and which does not appear on the manifest of such vessel shall if forfeited by, a Magistrate be detained by him until the disposal thereof has been determined by the Governor in Council.
40. Any opium forfeited and detained under the preceding section may be disposed of as the Governor în Council directs; and no Police officer or other person lawfully holding or storing such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 12 or otherwise.
Procedure.
41. The Magistrate may, in his discretion, employ an analyst or other skilled person to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may at his discretion order the payment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Mugistrate.
42. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false, or frivolous and vexations, it shall be the duty of the Court to impose upon the person bringing such charge a penalty not exceeding that which the defendant would
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