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3Ji
3.
Section
Under the principal Ordinance, on any charge
for keeping an opium divan, the definition of the term "opium
divan" in section 4 made it necessary, speaking broadly, to prove either a sale of opium or some other benefit to the keeper.
It was generally possible only by
This was often impossible.
the use of informers, who could not always be found, and who could
not always be relied upon when found.
Accordingly sub-section
(1) of the new section 31 provides two presumptione in order to
facilitate proof of the offence.
The definition of "opium
divan" has not been altered, and it is anticipated that the occu-
pier of any place which is not really an opium divan will have
no difficulty in rebutting these presumptions. Sub-section(2)
of the new section 31 is merely a re-enactment of the old section
31.
4.
Fection 4: This section provides an alternative penalty for
breaches of section 46 of the principal Ordinance, in conformity
with the similar alternative given in rection 61 of the principal
Ordinance.
5.
Section 5:
Section E corrects an obvious drafting error
in section 61 of the principal Ordinance.
6.
In my opinion this is an Ordinance to which His Excellency
·
the Governor may properly assent in the name of His Majesty and
on Ris behalf.
Attorney General.