Removal for export
Removal and transhipment of Opium
Boats arriving out of Office hours.
Permit to be obtained from Harbour Master.
Penalty
Forfeiture
Register to be kept by Importer.
Chinese craft only to leave between certain hours.
Harbour Master shall furnish a permit in the form of Schedule B authorising the Opium to be landed and stored, and such permit shall be exhibited at the Opium Farmer's Office, and shall be signed by the Farmer or his Agent, and shall not be used or acted upon until it is so signed.
8. Every person moving Opium for exportation shall, before doing so, send to the Harbour Master a requisition in form of Schedule C furnishing the particulars therein required, whereupon the Harbour Master shall grant an export permit in the form of Schedule D authorising the said Opium to be exported, and such permit shall be exhibited at the Opium Farmer's Office, and shall not be used or acted upon until it is so signed.
9. Every person moving Opium from one place to another within the Colony or transhipping Opium within the waters thereof shall, before doing so, furnish to the Harbour Master a requisition properly filled up in the form of Schedule E, whereupon the Harbour Master shall furnish a permit in the form of Schedule F authorising the transhipment or removal of the said Opium, which permit shall be exhibited at the Opium Farmer's office and shall be signed by the Farmer or his agent, and shall not be used or acted upon until it has been so signed.
10. In the event of the arrival at or departure from the Colony of any steamer carrying Opium when the Harbour Office is closed or may be closed before application for a permit may be made, it shall be lawful for the Agent or the Agents of the said steamer to land or ship any Opium without a permit, and to deliver any Opium so landed to the owner or consignees thereof, or to keep the same in his or their own custody, but so soon thereafter as the Harbour Master's Office is opened the said Agent shall apply for the necessary permit, and furnish the particulars requisite.
11. Any person offending against or not complying with any of the provisions of sections 7, 9, 10, shall be liable on conviction to a penalty not exceeding $500, and any Opium so imported or exported or stored or moved or attempted to be imported or exported or stored or moved contrary to the provisions of the foregoing sections shall be seized and forfeited.
12. Every importer of Opium shall keep a Register shewing the number of chests imported by him and how and to whom it was disposed of. Marks and Government numbers in the case of the Bengal drug shall be given, and such other marks or numbers in the case of other sorts of Opium as the Harbour Master may require to be placed upon it.
Every offence for non-compliance with the requirements of this section shall be punishable with a fine not exceeding five hundred dollars.
13. No junk or other Chinese craft, whether licensed or not, shall leave the waters of the Colony, unless the safety of the vessel (through stress of weather) shall render it necessary, between the hours of 6 p.m. and 6 A.M. from October to March inclusive, nor between the hours of 7 P.M. and 5 A.M. from April to September inclusive, under a penalty, on conviction before two Stipendiary Magistrates, not exceeding $500, or the forfeiture of junk and cargo.
Special Permits or Night Clearances hitherto grantable under Ordinance 8 of 1879, section 38, sub-sections 8 and 9 shall be no longer allowed.
14. On the coming into operation of this Ordinance, every person having in his possession, custody, or control, any Opium in chests within the Colony or its waters shall furnish to the Harbour Master an account of the number of chests with marks and numbers so held, and the Harbour Master or his deputy shall be at liberty as often as he shall think fit, to demand in writing from every person having any Opium in his possession, custody, or control, an account in writing of the Opium so held at the time of such demand, and of the marks and numbers upon the chests containing the same, and the Harbour Master, or his deputy shall be at liberty at any time when he may think it necessary to enter the premises where such Opium is stored, and to inspect the same, and any person refusing to give such account, or without reasonable cause shewn to permit such entry, or giving a false or incorrect account shall be liable, on conviction, to a penalty not exceeding five hundred dollars.
15. If any Opium is found, on search authorised under this Ordinance, to have been imported contrary to the provisions of this Ordinance, or to be missing from the place in which it was stored on importation, or from the place where, according to the permits, it ought to be found stored, the person in whose possession such Opium so imported may be found, or in whose name such Opium so missing shall have been so stored, shall be liable, on conviction, to a penalty not exceeding five hundred dollars for every chest of Opium which shall be found to have been so imported, or to be so missing.
16. If the Opium Farmer shall neglect or refuse, or shall without sufficient cause unreasonably delay to do any of the acts or things hereinbefore provided and required to be done by him, he shall be liable to a penalty for each such offence not exceeding five hundred dollars.
17. Every person who shall under the provisions of this Ordinance make any application, or supply any particulars, Return, or Account, or other written Statement required by this Ordinance to be made or supplied, shall sign the same himself, unless he be absent from the Colony or unable, from sickness, to attend to business, in which case the same may be signed by his Agent for him; and if any such application, particulars, Return, Account, or other Statement shall be false or incorrect, either in whole or in part, to the knowledge of the person so making or supplying the same, whether the same be signed by himself or by his Agent, such person shall, in every case not otherwise provided for by this Ordinance, be liable on conviction to a penalty not exceeding one thousand dollars for the first offence, and two thousand for every subsequent offence: and such Agent shall also and in like manner if offending be liable to penalties of the like amount.
18. Any Justice of the Peace may, by his warrant directed to any Police Officer, not under the rank of a Sergeant, empower him by day or by night to enter and search any dwelling house, shop, or other building or place, or any ship not being a man-of-war or ship having such status, lying or being within the waters of the Colony, in any case in which it shall appear to such Justice of the Peace, upon the oath of any person, that there is good and sufficient cause to believe that in any such dwelling house, shop, or other building or place, or on board any such ship is concealed or deposited any Opium subject to forfeiture under this Ordinance, or as to which an offence has been committed against any of the provisions of this Ordinance, and to take possession of any such Opium found to be concealed, or deposited therein, and of the ship in which the same may be found, and to arrest and take any person, or persons being in such dwelling house, shop, or other building or place, or on board any such ship, in whose possession, custody, or control any such Opium may be found, or whom the said officer may have good and sufficient reason to suspect to have concealed or deposited therein or thereabouts any such Opium, and any Officer to whom such warrant shall be directed may, in case of obstruction or resistance, break open any outer or inner doors of such dwelling house, shop, or other building, or place, and enter thereinto, and forcibly enter such ship, and every part thereof, and remove by force any obstruction to such entry, search, seizure, and removal as aforesaid, and may detain every person found in such place until the said place shall have been searched, and all informations to be laid and all warrants to be issued, and all arrests and seizures to be made under this Ordinance, may be had or done on a Sunday as well as on any other day.
20. Excise Officers duly appointed under the principal Ordinance shall be deemed to be Excise Officers for the purposes of this Ordinance, and shall have the like powers, duties, rights and liabilities with reference to Opium under this Ordinance as they have with reference to prepared Opium under the principal Ordinance.
24. It shall be lawful for any Police or Excise Officer to arrest without warrant any person within the Colony whom he reasonably suspects to be conveying or to have concealed on his person any Opium in contravention of the requirements of this Ordinance and to take him before a Magistrate to be dealt with according to law.
It shall be lawful for any Inspector of Police or an Excise Officer, having reasonable ground for believing that there is Opium in any ship within the waters of the Colony...