398
[See Ord. No. 1 of 1883.]
1879 and Ao. of 8
Title.
Preamble.
Repeal of Ordinance No. 3 of 1845, and of parts of Ordinances Nos. 5 of 1845, and 4 of 1853.
The opium privilege to be sold to the highest bidder, if the Governor in Council thinks it fit.
Who may grant licences.
Default in payment and resale.
Other dealings forbidden.
ORDINANCE No. 2 OF 1858.
No. 2 of 1858.
An Ordinance for licensing and regulating the sale of prepared Opium. [17th March, 1858.]
BE it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. The whole of Ordinance No. 3 of 1845, and also so much of Ordinances No. 5 of 1845, and No. 4 of 1853, as relate to smoking divans, or to opium, bhaang, ganja, paun, betel, or betel-leaf, and all regulations of the Governor in Council in anywise relating to the premises or any of them, are hereby repealed.
2. His Excellency the Governor in Council may grant unto any persons, for such considerations, and upon such conditions, and for such terms or periods, and in such form as from time to time shall be by His said Excellency in Council regulated and determined, and also previously notified to the public in the Hongkong Government Gazette, the sole privilege of boiling and preparing opium, and of selling and retailing within the said Colony, or the waters thereof, opium so boiled or prepared: And such privilege may from time to time be granted to the highest bidder, to be ascertained either by public auction or by tender, to be made in pursuance of notice to be published in the said Gazette to that effect: But every such bidder shall, before he is declared the purchaser of the said privilege, give bond, with sureties, in the sum of ten thousand current dollars at the least, to the satisfaction of His said Excellency in Council, for the due performance of the conditions of the said privilege, and of his stipulations in respect thereof.
3. The person, if any, actually holding any such privilege, or in default of any such person, His Excellency in Council, is hereby empowered to grant licences to all proper persons, authorizing them to boil and prepare opium, and to sell and retail opium so boiled and prepared; but such licences shall be granted subject to such conditions as shall from time to time be by His said Excellency in Council regulated and previously notified in manner aforesaid.
4. If the consideration money for any such privilege, or any instalment thereof, be not paid within one month next after the day appointed for the payment thereof, the said privilege shall become and be absolutely null and void; and, over and above all other such liabilities as are hereinbefore or hereinafter created, the person making default in such payment shall thereupon become and be liable to make good to the Government, all losses or expenses incurred by or by reason of such default, or any resale or regrant of such privilege, which His said Excellency in Council may thereupon make, and to make which he is hereby authorized.
5. From henceforward, no person not holding any such privilege or licence, or save as he may be by such privilege or licence in that behalf authorized, shall, within this Colony or the waters thereof, boil or in any way prepare opium, or sell, retail, or offer or expose for sale or retail, any boiled or prepared opium; yet so that no medical...