-2-

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.

Share This Page