1468
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration. Amendment of Ordinance 2 of 1858. Prepared opium, &c., found in possession of unauthorised persons, or in unauthorised places may be seized. And unauthorised persons may be taken before a Magistrate. Raw opium found in possession of unauthorised persons or in unauthorised places may be seized.
ORDINANCE No. 1 of 1879. Excise (Opium.)
and complete stock of raw or boiled and prepared opium at the marketable value thereof and in the event of any difference arising as to quantities of boiled and prepared opium manufactured or sold during the last three months of the term and the price of the same and of the nature and quantity of the raw or boiled or prepared opium so to be purchased or made over and the prices thereof, such difference shall be determined by three arbitrators, one to be appointed by the new holder of the exclusive privilege, one by the person whose exclusive privilege has expired or is about to expire, and one by the Governor, and the award of such arbitrators or a majority of them shall be final, and the arbitration or such other settlement shall be held at such time at or before or after the end of the term of the outgoing holder of the exclusive privilege as to the Governor may seem reasonable, and any award made may be filed in Court pursuant to the provisions of "The Hongkong Code of Civil Procedure." [Repealed by Ordinance No. 7 of 1879, and new section substituted.]
6. Section 8 of the said recited Ordinance shall be amended by the insertion therein and the addition thereto of the following words:-- After the word "any" in the third line of the said section the words "boiled or" and after the word "opium" in the fourth line thereof the words "not purchased from the holder of the existing privilege for the time being or his licensee the burden of proof of which purchase shall lie upon any person alleging that he so purchased the same. Provided always that no person who may have purchased any boiled or prepared opium from the outgoing holder of the exclusive privilege or from any licensee of such outgoing holder shall be liable to be convicted for having in his possession such boiled or prepared opium not exceeding three taels weight at any time before noon on the third day after the commencement of the new holder's privilege." [Repealed by Ordinance No. 7 of 1879.]
7. All boiled or prepared opium offered or exposed for sale or retail 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, except as in the last section mentioned, and any utensils or vessels which have been used or which are manifestly intended to be used in boiling or preparing 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 holder of the exclusive privilege for the time being, [amended by Ordinance No. 4 of 1888] 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.
8. Whenever boiled or prepared opium is so seized as last aforesaid and any such utensils or vessels are also seized 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.