136

THE HONGKONG GOVERNMENT GAZETTE, 8TH MARCH, 1884.

Taking over stocks

(1 of 79, s. 4,

13. . 3.)

Arrest without Warrant.

(7 of 79, s. 9.)

Searching ships.

(7 of 79, s. 8.)

Search warrants. (2 af JM, s. 9, 1 of 79, s. 10.)

Confiscation of prepared opium and utensils.

(1 of 79, 8. 7, 4 of 83, s. 1.j

Seizure of raw opium.

1 of 79, s. 8.)

Seizure of

Taw opium nuder other cireunustances.

(1 61 79, 8, 9)

Procedure. (2 of 344, s. 12,

Pot 70, s. 14 J

25. The Opium Farmer and his lieousves shall, on the expiration of his term, hand over to the incoming Farmer, and the incoming Farmer shall take over from the outgoing Farmer, all his stock of raw, boiled, and prepared opium, at such prices as may be settled, subject to the provisoes hereinbefore contained for arbitration in case of difference

Arrests, searches, and forfeitures.

26. It shall be lawful for any Police or Excise Officer to arrest, without warrant, any person within the Colony whom he reasonably suspects to be conveying or to have concealed on his person boiled or prepared opium which has not paid duty to the Opium Farmer, and to convey such person to the nearest Police Station, there to be dealt with according to law.

27. It shall be lawful for any Inspector of Police, having reasonable ground for believing that there is boiled or pre- pared opium in any ship within the waters of the Colony contrary to the provisions of this Ordinance (such ship not being a ship of war or vessel baving the status of a ship of war) to proceed without warrant on board such ship and search for boiled or prepared opium, and seize any boiled or prepared opium so found, and it shall be lawful for such Juspector to take the opium so found together with the person in whose custody, possession, or control it is found before a Police Magistrate, to be dealt with according to law.

28. Upon lawful evidence being first given to the rea- sonable satisfaction of any Magistrate, that any person within this Colony or the waters thereof hath in his pos- session or custody any opium otherwise than as provided by section 16 of this Ordinance, or any opium prepared, sold, or retailed contrary to this Ordinance, it shall be lawful for the said Magistrate to issue a search warrant in that behalf, and such search warrant may be executed by any Police or Excise Officer, and the officer excenting such warrant may enter any tenement, place, or vessel within this Colony or the waters thereof, and search for, and, if found, seize and held, subject to the order of the Court hereinafter mentioned, any raw or prepared opima within such tenement, place, or vessel whereof no satisfactory explanation shall be given by the person aforesaid, and also any utensils, implements, or vessels which have been used or which are manifestly intended to be used in boiling, preparing, or smoking opium in such tenement, place, or vessel, and may also seize and hold as aforesaid any raw or prepared opium, or any such utensils, implements, or vessels, found in possession of the person aforesaid in any place whatever.

29. All boiled or prepared opium offered or exposed for sale by any unauthorised person, and all boiled or prepared opium found in the possession or custody or control of any unauthorised person or in any unauthorised place, and any utensils or vessels which have been used, or which are manifestly intended to be used in boiling or preparing or smoking opium by any unauthorised person, or in any unauthorised place, may be seized by a Police or Excise Officer, and shall be forfeited, and may be by a Magistrate delivered and adjudged to the Farmer, and any unauthorised person in whose possession any such boiled or prepared opium or utensils or vessels are found may be apprehended and taken before a Magistrate by any Police or Excise Officer.

30. Whenever boiled or prepared opium is so seized as last aforesaid, and any such utensils or vessels are also scized as aforesaid, the Police or Excise Officer seizing the same may also seize any raw opium that may be found in the custody or control of such unauthorised person, or in such unauthorised place, and such raw opium shall be subject to the order of the Magistrate before whom the case is brought.

31. Whenever from any other cause there is reasonable ground to believe that boiled or prepared opium is manu- factured by any unauthorised person, or in any unauthorised place within this Colony, it shall be lawful for a Police or Excise Officer to seize any raw opium found in possession of such unauthorised person, or in such unauthorised place.

Procedure.

32. All offences against this Ordinance may be tried and all penalties under this Ordinance may be recovered in a summary way before a Magistrate.

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