ORDINANCE No. 1 OF 1879.
Excise (Opium.)
And whereas it is desirable to make some provisions with respect to the regulating the quantity of opium manufactured and the transfer of the stocks of raw and prepared opium in the possession of the person holding such exclusive privilege and his licensees at or near the end of his term of exclusive privilege to the next holder of the same, and to make other amendments in the said recited Ordinance:
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. The term "Excise Officer" shall mean the person appointed by the Governor under section 11 of this Ordinance, and for the purposes of this Ordinance, any boiled or prepared opium, or utensils or vessels used for preparing the same shall be deemed to be in possession of any person if he custody, or control by himself or by knowingly have them in actual possession, any other person.
2. No person holding such exclusive privilege as aforesaid, nor any licensee under such person as aforesaid, shall sell or dispose of any boiled or prepared opium at or near the end of the term for which such person holds such exclusive privilege or at any time during the term for which such person holds such exclusive privilege so as in either case to authorize the use of such boiled or prepared opium at any time after 12 o'clock at noon of the third day after the commencement of the term of the new holder of the exclusive privilege, under a penalty not exceeding one thousand dollars. [Repealed by Ordinance No. 7 of 1879.]
3. Every holder of such exclusive privilege shall, one month before the end of his term of exclusive privilege expires, give public notice in the form provided by the schedule A hereto that the said privilege is to expire on the day to be named and the no boiled or prepared opium purchased from such holder of such exclusive privilege or from any licensee of such holder can be used after such time without the consent of the new holder. Such notice shall be printed in English and Chinese and the holder of the exclusive privilege shall supply copies thereof to all persons licensed by him under the said recited Ordinance: and every person so licensed shall exhibit the notice in his place of sale in a conspicuous position so as to be plainly visible to every person entering such place of sale. Any person offending against any of this section shall be liable to a penalty not exceeding one hundred dollars.
4. The holder of the exclusive privilege and his licensees shall, on the expiration of his term, hand over to the incoming holder, and the incoming holder shall take over from the outgoing holder all his stock of raw, boiled and prepared opium at such prices as may be settled subject to the proviso hereinafter contained for arbitration in case of difference.
5. Neither the holder of the exclusive privilege nor his licensees shall, at or near the end of his term, manufacture more than the usual quantity of boiled or prepared opium, or sell any boiled or prepared opium at less than the average current prices of the day, or in greater quantities than usual at the time of the year, and shall not sell, export, or otherwise make away with or dispose of any of his stock of boiled or prepared opium, but shall make over to the new holder of the said exclusive privilege the full stock.
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Interpretation clause.
"Excise Officer." "Possession."
Holder of exclusive privilege and licensees not to authorize use of prepared opium beyond limited period.
Holder of exclusive privilege to give notice of expiration of term.
Penalty.
Out-going holder of exclusive privilege to hand over stocks to incoming holder.
Restrictions on holder of exclusive privilege.