Examination of articles (other tiu passengers" necompanied baggage) on shore, ship. whack. andl other places :
by revennes officer:
and may be forcibly opened under European Supervision.
Search of ship without warrant for opium illegally theON. and seizure thereof, and arrest of
possem,
Ship prohibited from being
utilized in smug- gling opinm.
GR
41. Any box, chest, package, or other article (not being passengers' haggage accompanied by the owner) which is being landed or has been recently lauded from any ship, or which is in or upon any ship (not being or having the status of a ship of war), islet, landing place, wharf, warehouse or place adjoining any wharf and used in connection therewith, or which is being removed from any such ship, islet or other place, or which is being brought into or has recently been brought into the Colony by land: -
(a) may be examined and searched by any revenue officer, and may be detained until any person in charge thereof shall have opened the same to admit of such examination and search, and in default of such opening may be removed by such officer to a police station;
(b) may be broken open by the orders of any European revenue or police officer to facilitate such examination and search, provided that any person in charge or possession of such box, chest, package or other article shall be afforded every reasonable facility for being present at such breaking open, examination and search.
43. Any revenue or police officer, having reason- able ground for believing that there is any opium in any ship within the Colony in contravention of this Ordinance (such ship not being or having the status of a ship of war) may proceed without warrant on board such ship and search for such opium and may seize any such opium so found together with all implements con- nected therewith and shall take the same together with the person in whose possession it may be found, to a police station in order that he may he brought before a Magistrate, to be dealt with according to law.
46.-(1.) No ship shall be used for the importation, landing, removal, carriage, or conveyance or for the exportation of any opium in contravention of this Ordi-
nance.
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(2.) An amount of any such opium found on board any such ship and exceeding, -
(a) in the case of any steamship of 60 tons net registered tonnage and upwards, 50 taels in weight; or,
(b) in the case of any steamship under 60 tous net registered tonnage 25 taels in weight;
or,
(e) in the case of any other ship, 10 taels in
weight,
shall be deemed evidence of the unlawful use of such ship, unless it is proved, to the satisfaction of the Magistrate, that every reasonable precaution had been taken to prevent the unlawful use of such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein.
Presumption of smuggling in certain caNUS.
ship's manifest.
47.-(1.) No person shall bring or have in his Opium not on possession on board any ship any opium, other than prepared opium or dross opium not exceeding the quantity specified in section 33, unless the same is entered on the manifest of the ship.
(2.) The master of such ship may seize any such opium as aforesaid found on board his ship which is not entered on the manifest, and may retain the same in his possession until he can deliver it to the police.
may be seize! by muster:
Torfeited.
(3.) Notwithstanding anything in this Ordinance, and will be all such opium as aforesaid found on board any such ship which is not entered on the manifest shall be forfeited.
55.-(1.) The master of any ship departing from the Colony without the memorandum required by section 11, or;
Any person who contravenes any of the provisions of section 13
shall, on summary conviction, be liable to a fine not exceeding 2,000 dollars.
Pensity for contravention
of section []:
(5.) If any ship is used for the importation, landling, Section 16, removal, carriage, or conveyance, or for the exportation of any opium in contravention of section 16 the master, owners or agents thereof shall, on summary conviction. be liable to a fine not exceeding 5,000 dollars, or ten times the market value (whichever may be the greater) of the opium in respect of which the offence was coin- mitted.
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