but cutifs this should be
conless.
the case it will be necefany
To suffely the deficiency by
the insection of a
lette's effect.
Clause
Show
J1134
411
HONGKONG.
ANNO DECIMO SEPTIMO VICTORIÆ REGINE
No. 4 of 1853.
BY His Excellency Sir SAMUEL GEORGE BONHAM, Baronet, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE TO AMEND ORDINANCES Nos. 11 of 1844 and 5 or 1845, and TO IMPROVE THE Regulations for the Sale of SPIRITUOUS LIQUORS BY CHINESE, AND THE REGULATIONS FOR THE RETAIL AND PREPARATION OF OPIUM.
[22nd December, 1853.]
Title.
Preamble.
WHEREAS the Ordinance No. 11 of 1844, regulating the Sale of Spirituous Liquors, has been found inconvenient in its application to Chinese Dealers, and doubts have arisen as to the construction of the Regulations for the Retail of Opium made by His Excellency the Governor on the 19th July, 1847, in pursuance of the provi- Certain Provisions sions of Ordinance No. 5 of 1845: Be it enacted and ordained by His Excellency of Ordinance No. the Governor of Hongkong, with the Advice of the Legislative Council thereof, That-11 of 1844 as to the I. So much of the said Ordinance No. 11 of 1844 as refers to the mode of mode of granting granting Licenses, and as prohibits the Sale of Spirituous Liquors where a retail Licenses, &c., not to apply to Chi- Shop for the Sale of other articles is kept, shall not apply to Chinese licensed to re- nese." tail Spirituous Liquors under this Ordinance.
II. Any Chinese requiring a License to retail Spirituous Liquors to Chinese only Superintendent of may apply to the Superintendent of Police, or such other Officer as the Governor Police to grant Li- censes to sell Spi- may from time to time appoint for this purpose, who, on being satisfied that the rituous Liquors to applicant is a proper person to receive such License, and on payment of the establish- Chinese only. ed Fee into the Colonial Treasury may grant a License in the form laid down in Schedule A, which License shall not take effect until it has been countersigned by the Chief Magistrate.
III. The said Regulations for the retail of Opium, made on the 19th July 1847, be and the same are hereby annulled.
Former Opium Re- gulations annulled.
IV. If any person shall, without License, sell or barter raw Opium in any quantity Opium not to be less than One Chest, or prepare Opium in any quantity, or sell or barter prepared Opium retailed or prepar- in any quantity, or keep a smoking Divan, he shall be liable to a Penalty not exceeded without a ing Five Hundred Dollars.
cense.
against
Li-
importa-
V. If any person not licensed to retail raw Opium shall import into the Colony Prohibition raw Opium in smaller quantity than One Chest, or receive into his possession any tion by unlicensed such raw Opium so imported, or if any person not licensed to prepare Opium, or to Dealers. sell prepared Opium shall import into the Colony prepared Opium in any quantity, or receive into his possession any such prepared Opium so imported, he shall be liable to a penalty not exceeding Five Hundred Dollars.
VI. Any person requiring a License to retail Opium, or to prepare Opium, or to Superintendent of sell prepared Opium, or to keep a smoking Divan, may apply to the Superintendent Police may grant of Police, or such other Officer aforesaid, who, on being satisfied that the Applicant Licenses to retail
is a proper person to receive such License, and on payment of the established Feer prepare Opiuin. into the Colonial Treasury shall grant a License in the form laid down in Schedule
B, which License shall not take effect until countersigned by the Chief Magistrate.
VII. The Superintendent of Police may require that all persons licensed hereunder Superintendent of exhibit in front of the premises licensed their names and the number and nature of Police may require their License, in a form to be determined by him. He may also, by inserting a License holders to special clause in the License, require all licensed persons to send in a monthly Re, make certain Re- turns, and may es turn of the quantities of Opium or Spirituous Liquors retailed, sold or prepared by tablish Rules for them. He may also insert in the Licenses for keeping Smoking Divans the hours the preservation of during which the Divans shall be open, and any other Rules appearing to him neces- order in smoking sary for the preservation of good order therein.
Divans.
VIII. If any Holder of a License shall offend against the tenor of his License he Penalties for offen- shall be liable to pay a Fine not Exceeding One Hundred Dollars, and for a second ces against License. Offence the convicting Magistrate may in addition annul the License.
Warrant
IX. No person shall receive in exchange or pledge for Opium sold by retail, any Opium to be ex article of Clothing or implement of Trade, or other such thing, but only the current changed for Mo- Coin of this Colony.
ney only. X. Any Magistrate on being credibly informed that any Spirituous Liquor or Search Opium is in any Ship, Boat or place for the purpose of being unlawfully retailed, may be granted for sold, or prepared or having been unlawfully imported may issue bis Warrant to search seizure of Liquor or such place and bring before him such Liquor or Opium, and may adjudge to be Opium intended to be unlawfully re- forfeited to the Crown any Opium or Liquor so found that appears to him to have tailed. been in such place for the purpose of being unlawfully retailed, sold, or prepared or to have been unlawfully imported and the proof that such Opium or Liquor was in such place lawfully and for a lawful purpose shall lie upon the person in whose possession or on whose premises such Opium of Liquor was found.