Repeal of Ordinance
No. 30 of
1923, &. 17,
- 2
5. Section 17 of the Opium Ordinance, 1923, is repeated and the following sention is substituted therefor :—
and substitu. Unlawful tion of new
section.
Repeal of
Ordinance No. 30 of 1923, s. 36,
and
17.-(1) No person shall without lawful possession of authority or excuse bave 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 used by the Superintendent for affixing to receptacles containing Govern- 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 use the label
or wrapper again.
6. Section 86 of the Opium Ordinance, 1923, is repealed and the following section is substituted therefor :—
and substitu- Presump- tion of new tious. section.
Repeal of
Ordinance No. 30 of 1923, B. 37, and substita- tion of new section.
36. (1) Every person who is proved to have had in his possession or under his control and 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 heen 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 baggage receipt or any document or thing intended to serve the purpose of a baggage receipt, relating to any thing whatsoever con- taining 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 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 opium 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.
87.-(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- terlent as the case may be.
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
18. 37.] Certificate to
the Schedule
to Ordinance
No. 30 of
1923.
I,
FORM No. 5.
SUPERINTENDENT'S CERTIFICATE.
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 handed the said (quantity and nature of opium)
........to (name and description of officer)
may be).
mark).
Date
..........................in a sealed packet (or as the case
....marked (if any special
(Assistant) Superintendent of Imports and Exports.
Passed the Legislative Council of Hong Kong, this 23rd day of January, 1930.
любик
Deputy Clerk of Councils.
23