དག་པོའི་ནད་འབུ་བྱུང་
Title.
* Preamble.
59
HONGKONG.
ANNO DECIMO SEPTIMO VICTORIE 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 or 1844 AND 5 OF 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.]
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 Certain Provisions by His Excellency the Governor on the 19th July, 1847, in pursuance of the provi- of Ordinance No. sions of Ordinance No. 5 of 1845: Be it enacted and ordained by His Excellency 11 of 1844 as to the the Governor of Hongkong, with the Advice of the Legislative Council thereof, That mode of granting I. So much of the said Ordinance No. 11 of 1844 as refers to the mode of Licenses, e, not granting Licenses, and as prohibits the Sale of Spirituous Liquors where a retail to apply to Chi-
Shop for the Sale of other articles is kept, shall not apply to Chinese licensed to re- tail Spirituous Liquors under this Ordinance. Superintendent of II. Any Chinese requiring a License to retail Spirituous Liquors to Chinese only censes to sell Spi may apply to the Superintendent of Police, or such other Officer as the Governor rituons Liquors to ay from time to tinie appoint for this purpose, who, on being satisfied that the Chinese only.
applicant is a proper person to receive such License, and on payment of the establish-
nese.
Police to grant Li-
Former Opium Re-
ed Fec 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, zulationsannulled. be and the same are hereby annulled.
Opium not to be
IV. If any person shall, without License, sell or barter raw Opium in any quantity retailed or propar less than One Chest, or prepare Opium in any quantity, or sell or barter prepared Opium ed without a Li- in any quantity, or keep a smoking Divan, he shall be liable to a Penalty not exceed
ing Five Hundred Dollars.
cense,
Prohibition against
V. If any person not licensed to retail raw Opium shall import into the Colony importa 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 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 he liable to a penalty not exceeding Five Hundred Dollars.
Dealers.
VI. Any person requiring a License to retail Opium, or to prepare Opium, or to Superintendent of Police may grant sell prepared Opium, or to keep a smoking Divan, may apply to the Superintendent Licenses to retail of Police, or such other Officer aforesaid, who, on being satisfied that the Applicant or prepare Opium. is a proper person to receive such License, and on payment of the established Fee 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 Police may require exhibit in front of the premises licensed their names and the number and nature of He may also, by inserting a License holders to their License, in a form to be determined by him. make certain Re-special clause in the License, require all licensed persons to send in a monthly Re- turns, and may es turn of the quantities of Opium or Spirituous Liquors retailed, sold or prepared by the preservation of them. He may also insert in the Licenses for keeping Smoking Divans the hours order in smoking during which the Divans shall be open, and any other Rules appearing to him neces-
sary for the preservation of good order therein.
ablish Rules for
Divans.
VIII. If any Holder of a License shall offend against the tenor of his License he Penaltics for offer shall be liable to pay a Fine not Exceeding One Hundred Dollars, and for a second
es against License. Offence the convicting Magistrate may in addition annul the License.
IX. No person shall receive in exchange or pledge for Opium sold by retail, any Opium to be ex- changed for Mo-article of Clothing or implement of Trade, or other such thing, but only the current ney only.
Coin of this Colony.
Search Warrant X. Any Magistrate on being credibly informed that any Spirituous Liquor or may be granted for Opium is in any Ship, Boat or place for the purpose of being unlawfully retailed, seizure of liquor or sold, or prepared or having been unlawfully imported may issue his Warrant to search Opium intended to such place and bring before him such Liquor or Opium, and may adjudge to be be unlawfully re- forfeited to the Crown any Opium or Liquor so found that appears to him to have been in such place for the purpose of being unlawfully retailed, sold, or prepared
tailed.
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.
60
171
E
XI. The Fees charged on Licenses shall be those laid down in Schedule C. XII. If a licensed person shall omit to pay at the appointed time the Fec due t his License, any Justice of the Peace, on complaint made, may levy the amount due Foes not paid may by Sale of the Property of the Defaulter.
What Fees to be
charged.
מוסקט
C
be levied by Dis tress. Not to apply to ex
XIII. This Ordinance shall not apply to Licenses now in force. XIV. The Penalties and Forfeitures in this Ordinance may be adjudged by any isting Licenses. Magistrate of Police or any two Justices of the Peace, in the manner provided by Penalties how ke- Ordinance No. 10 of 1844.
Passed the Legislative Council of Hongkong,
this 22nd Day of December, 1853.
CHAS. ST. GEO. CLEVERLY,
For the Clerk of Councils.
SCHEDULE A.
No.
coverable.
S. G. BONHAM,
LICENSE TO RETAIL SPIRITUOUS LIQUORS TO CHINESE ONLY. Office of the Superintendent of Police. Hongkong,
185
[A.B.] of [insert the applicant's native place,] [insert the calling of the applicant,] is hereby licensed to retail Spirituous Liquors to Chinese only, under the provisions of Ordinance No.4 of 1853 on the premises known as [insert the number of the house, name of the street, and description of the pre- mises.]
This License will remain in force until the close of the current year ending on
on the
195
.
A Fee of
Dollars is to be paid at the Colonial Treasury day of each month, until the expiration of the term, and in default of payment will be levied on the property of the Defaulter.
If Spirituous Liquor be sold to any other person than a Chinese the License holder will incur a penalty not exceeding $100, and for a second offence his License may in addition be annulled.
Countersigned [E. F. Chief Magistrate,
On the
day of
keep a smoking Divan.]
This receipt to be repeated monthly.]
SCHEDULE B.
No.
185
[C. D.] Superintendent of Police.
received the Fee of $9.
[G. H.] Colonial Treasurer.
LICENSE TO [retail raw Opium] [or to prepare Opium, and sell prepared Opium,] [or to
Office of the Superintendent of Police. Hongkong
185
[A. B.] of [insert native place,] [insert calling] is hereby licensed to [as the case may be] under the provisions of Ordinance No. 4 of 1853 on the premises known as [describe the premises, men- tioning the number of the house and the name of the street.]
This License will remain in force until the close of the current year ending on
A Fee of
185
Dollars is to be paid at Colonial Treasury on the
day of each month, until the expiration of the term, and in default of payment will be levied on the property of the Defaulter.
[C. D.] Superintendent of Police.
185 received the Fee of $
[G. H.]
Colonial Treasurer.
Countersigned
[E. F Chief Magistrate.
On the
day of
[This receipt to be repeated monthly.]
SCHEDULE C.
Fees payable on Licenses.
For the retail of Spirituous Liquors.
$ 9
J
,, retail of raw Opium.
$30
preparing Opium, or selling prepared Opium, or both,
Per month in advance.
$20
keeping a Smoking Divan."
$10
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