ORDINANCE No. 2 of 1858. 399
Prepared Opium.
practitioner, chemist, or druggist, not being a Chinaman, or (being such) not having
an European or American diploma, shall be prevented from preparing or selling opium
bona fide for medicinal purposes, the burthen of proof whereof shall be upon any person
alleging the same in his defence.
6. Persons employed in any department of the Public Service and their families, Persons employ
ed in the Public
and persons in the employment of them, or of any of them, are disqualified from Service disquali
fied.
becoming or being in any way possessed of, or directly or indirectly interested in , any
privilege or licence under this Ordinance, or the profits thereof, whether at Law or in
Equity, and whether in their own right respectively, or in the right of another ; and
from suing for or in respect of, or in any way enforcing, the same.
7. It shall be the duty of every person selling or retailing prepared opium under Certificate of sale
to be given to
this Ordinance, to deliver therewith a sealed certificate, specifying the amount so sold ; purchaser.
which certificate shall be evidence of the facts therein stated, and shall not be
transferable. [ Amended by Ordinances No. 7 of 1879 and No. 4 of 1883, and see Ordinance
No. 8 of 1883. ]
8. No person shall bring into this Colony, or the waters thereof, or [ (except in Prohibition in
other cases.
cases to which section 7 applies) Repealed by Ordinance No. 7 of 1879] have in his possession
or custody within the same, any prepared opium. [ Amended by Ordinance No. 7 of 1879. ]
9. Upon lawful evidence being first given to the reasonable satisfaction of a Power to issue
search warrants
uponlawful
Stipendiary Magistrate or the Superintendent of Police (duly constituted under Ordi evidence offacts.
nance No. 12 of 1844) , that any person within this Colony or the waters thereof hath
in his possession or custody any opium contrary to section 8, or any opium prepared,
sold, or retailed , contrary to this Ordinance, it shall be lawful for the said Magistrate
or Superintendent to issue a search warrant in that behalf, and under such warrant any
member of the Police Force may enter any tenement, place, or vessel, within this Colony
or the waters thereof, and search for, and (if found) seize and hold, subject to the order
of the Court hereinafter mentioned , any prepared opium within such tenement, place,
or vessel, and whereof no satisfactory explanation shall have been given by the person
aforesaid .
10. No regulations to be made under sections 2 and 3 shall be contrary to this Regulations to be
consistent with
Ordinance, or inconsistent therewith. this Ordinance.
11. The laws relating to nuisances, trespasses, and other torts, shall not be affected Nuisances.
by this Ordinance.
12. For the breach of any ofthe regulations to be so made and notified as in sections Penalties may be
awarded by His
2 and 3 mentioned, His said Excellency in Council is further empowered from time to Excellency in
Council for
time, to award and notify in the said Gazette all such penalties as shall be deemed breach of
regulations, and
all proceedings
reasonable, which penalties, when incurred, may be recovered and levied in manner and under the same
or this Ordinance
form provided by any Ordinance, for the time being in force, for regulating summary to be summary.
[* See Ordinance
proceedings for penalties before the Court of Petty Sessions in this Colony ; and No. 6 of 1862. )
likewise all violations or disobediencies of, or defaults in compliance with the
provisions of this Ordinance, or of any regulations made under the powers hereby
created or conferred , shall be heard and determined summarily in the like manner.