15
3
Repeal of Ordinance No. 30 of 1923, s. 17, and substitu- tion of new section.
Repeal of Ordinance No. 30 of 1923, s. 36,
tion of new section.
5. Section 17 of the Opium Ordinance, 1923, is repeatedl and the following section is substituted therefor :-
Unlawful
and
17. (1) No person shall without lawful possession of authority or excuse have in his possession, Government opium labels except attached to a receptacle issued by the Superintendent and 80 issued containing Government prepared opium, any label or wrapper of a kind nsed by the Superintendent for affixing to receptacles containing Goveru- ment prepared opium, or any portion of any such label or wrapper.
wrappers.
(2) No person shall without lawful autho- rity or excuse have in his possession, except attached to a receptacle issued by the Super- intendent and containing the full quantity of Government prepared opium contained therein at the time of issue, any label or wrapper of a kind used by the Superintendent for affixing to receptacles containing Government pre- pared opium, unless such label or wrapper has been broken in such a way as to make it impracticable to the label again.
use
or wrapper
6. Section 36 of the Opium Ordinance, 1923, is repealed and the following section is substituted therefor :—'
Presump-
and substitu-
tions.
1930
Que on No 25′′
Repeal of Ordinance No. 30 of 1923, s. 37, and substitu- tion of new section.
Lo
y
36. (1) Every person who is proved to Ahave had in his possession or under his control thing whatsoever containing opium, or the keys of any box, drawer or other recep- tacle whatsoever containing any opium, shall until the contrary is proved be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein con- tained.
(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title, including any haggage receipt or any document or thing intended to serve the purpose of a baggage receipt, relating to any thing whatsoever cou- taining any opinm, shall, until the contrary is proved, be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein contained.
(3) The presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the opinm in question,
7. Section 37 of the Opium Ordinance, 1923, is re- pealed and the following section is substituted therefor :-
Superin- tendent's certificate. Schedule.
37. (1) A certificate in the form of the Superintendent's Certificate set out in the Schedule, signed by the Superintendent, if it purports to relate to any opium, shall in any proceeding be conclusive evidence as to the facts stated therein.
(2) Any such certificate purporting to be signed by the Superintendent, or by an Assist- ant Superintendent, shall, until the contrary is proved, be deemed to have been signed by the Superintendent, or by an Assistant Superin- tendent as the case may be.
FORM No. 5.
8. The following form of Superintendent's Certificate Addition of
is added to the Schedule to the Opium Ordinance, 1923 :-
form of Superin- tendent's
[8. 37.] Certificate to
SUPERINTENDENT'S CERTIFICATE,
the Schedule
to Ordinance
No. 30 of
1923.
I,
Opium Ordinance, 1923,
.......(Assistant) Superintendent
of Imports and Exports, hereby certify that on (date)......
I received personally from (name or descrip-
tion of officer)....
(if any special mark)...
a sealed packet.......................
..(or as the case may be marked
which I found to
contain (nature and quantity of opium, market value, etc.)
........and that on (date)..........
I personally banded the said (quantity and nature of opium)
...........to (name and description of officer)
.........in a sealed packet (or as the case
............................marked (if any special
may be)...
mark)........
Date
(Assistant) Superintendent of Imports and Exports.
Passed the Legislative Council of Hong Kong, this
23rd day of January, 1930.
N. L. SMITH, Deputy Clerk of Councils.
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