1054
THE HONGKONG GOVERNMENT GAZETTE, 21ST NOVEMBER, 1891.
Attempts. Aiders and A bettors.
Public officers not to be Interestel.
(1 of 84, 39.)
Compensation fer unsuccess- in search.
Penalties. (1 of 84, 33.)
Informer's share.
(1 of 84, 34.)
Protection of Excise Officers In execution of their duly
&c.
Repeals.
Commence- nynt of Ordinance.
conviction to a penalty not exceeding $100 in addition to any other punishment or penalty to which he may by law be liable.
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46. Whosoever shall attempt to commit any offence in contravention of this Ordinance or who shall aid or abet any other person in any such offence or in the attempt to commit any such offence shall be liable ou summary conviction to the same punishment and penalties as if guilty of the actual offence.
47. 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 euforcing the same.
48. If any unsuccessful search for opium has been made under section 29 or 30 of this Ordinance by the request or at the instigation of the Opium Farmer and there is no reason to suppose that any opium in contravention of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace and repack any goods which may have been un- packed by reason of such search, and shall make good any damage he may have caused thereby, and the amount of money claimed for any such damage shall be adjudicated upon by a Magistrate, and shall be recoverable as a civil debt under the provisions of The Magistrates Ordinance, 1890.
Penalties.
49. Every omission or neglect to comply with or act done contrary to the provisions of this Ordinance shall be deemed an offence, and for every offence against this Ordi- nance or against any regulation made thereunder not other- wise specially provided for, the offender shall, in addition to any forfeiture of opium and implements provided for by this Ordinance, be liable on summary conviction to the follow- ing penalties —
(1.) For every first offence, a penalty not exceeding five hundred dollars, or imprisonment with or without bard labour for a term not exceeding three months.
(2.) For every subsequent offence, a penalty not ex- ceeding one thousand dollars, or imprisonment with or without hard labour for a term not exceeding six months.
50. A portion not exceeding half of the pecuniary penalty recovered from any offender against this Ordinance may at the discretion of the Magistrate be awarded to the informer, and in every case relating to prepared opium the remainder of any such penalty recovered shall be paid to the opium farmer except in the cases provided for by section 38.
51. Whosoever shall assault, resist or wilfully obstruct any excise officer in the due execution of his duty shall be guilty of a misdemeanour, and upon conviction thereof shall be liable in the discretion of the Magistrate to be imprisoned for any term not exceeding one year with or without hard labour, or to a penalty not exceeding $250.
Repeals, &c.
52. Ordinances Nos. 1 of 1884 and 17 of 1886 are hereby repealed, but such repeal shall not affect any thing lawfully done or commenced to be done thereunder, or any privilege granted thereunder and every regulation, bond, licence, or appointment made or issued under the above repealed Ordinances shall continue in full effect as if made or issued under this Ordinance until such regulation, bond, licence, or appointment shall be duly cancelled, amended, or withdrawn, or shall expire.
53. This Ordinance shall come into operation on a day to be proclaimed by the Governor.
Passed the Legislative Council of Hongkong, this 2nd day of November, 1891.
A. M. THOMSON, Acting Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government, the 13th day of November, 1891.
W. MeiGH Goodman,
Acting Colonial Sceretury.
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