Opium.
Opium divan.
Opium dross.
Fossession
Person.
Prepared opium.
Preparing opium.
Raw opium.
Ship.
Superin- tendent.
Wharf.
(e) "Opium" includes raw opium, prepared opium, and opium dross, and every substance in which raw opium, prepared opium or opium dross forms an ingredient.
used-
"Opium divan" means any place opened, kept, or
(i) for the sale of prepared opium to be smoked in such place; or
(ii) for the smoking of prepared opium where a fee or its equivalent is charged for such smoking or where any benefit or advantage whatever, direct or indirect, is derived by the keeper of such place in consequence of the smoking of prepared opium in such place.
(g) "Opium dross" means the residuum produced by smoking prepared opium.
(h) Any opium, implement, or other thing shall, for the purposes of this Ordinance, be deemed to be in the possession of any person if he has such opium, implement, or thing in possession, custody or control, by himself or by any other
person.
(i) "Person," except so far as relates to the imposition of the penalty of imprisonment, includes a body corporate and a firm.
() "Prepared opium" includes every preparation of opium, and every substance in which opium forms an in- gredient which preparation or substance is used or intended to be used for smoking, or for use as a substitute for smoking opium.
(k) "Preparing opium" includes
(i) every act in the process or intended process of con- verting opium, or any substance or solution in which opium forms an ingredient, into prepared opium, and
(ii) the subjecting of opium, or of any substance or solution in which opium forms an ingredient, to any degree of artificial heat, for any purpose whatsoever.
() "Raw opium" means any kind of opium not prepared for smoking, chewing, swallowing or injecting and includes the leaves or wrappings in which raw opium has been wrapped, but does not include opium dross.
(m) "Ship" includes every description of vessel used in navigation or for the carriage or storage of goods, and in- cludes all aircraft.
(n) "Superintendent" means the Superintendent of Im- ports and Exports.
(0) "Wharf" includes every place used as a landing place and every warehouse or place adjoining a landing place or used in connexion therewith.
(2) "Corresponding law" in this Ordinance means any law stated in a certificate purporting to be issued by or on behalf of the government of any place outside the Colony to be a law providing for the control and regulation in that place of the manufacture, sale, use, export and import of opium in accordance with the provisions of the International Opium Convention signed at Geneva in 1925, and any state- ment in any such certificate as to the effect of the law men- tioned in the certificate, or any statement in any such certificate that any facts constitute an offence against that
law, shall be conclusive. Any such certificate shall be admitted in evidence upon production by or on behalf of the Superintendent in any proceeding.
3. (1) It shall be lawful for the Governor in Council Regulations.
to make regulations for any of the following purposes :-
(a) to determine the prices at which prepared opium may
be sold to the public;
(b) to regulate the management of places for the sale
of prepared opium;
(c) to prescribe the fees, if any, to be payable for licences, permits and authorities issuable under this Ordin-
ance;
(d) to alter or add to any of the forms in the Schedule; Schedule,
(e) generally, to prohibit or control the importation, ex- dis- portation, manufacture, sale, possession, movement, tribution, and smoking of opium, and the dealing in opium.
(2) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meet- ing thereof held after the publication in the Gazette of the making of such regulations, and if a resolution is passed at the first meeting of the Legislative Council held after such regulations have been laid on the table of the said Council resolving that any such regulation shall be rescinded, or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended, as the case may be, as from the date of publication in the Gazette of the passing of such resolution.
PART II.
RAW OPIUM.
4. (1) No person shall, whether on his own behalf or Prohibition on behalf of any other person buy or sell, or supply or procure, sion of, and
of, posses-
or offer to supply or procure, or otherwise deal in or offer to dealing in deal in, any raw opium, whether such raw opium be in the raw opium, Colony or elsewhere, and whether it be ascertained or appropriated or in existence or not, and, whether it be intended that it should be imported into the Colony or not, and no person shall import or export any raw opium or do any act preparatory to or for the purpose of importing or exporting any raw opium, or have any raw opium in his possession.
(2) Subject to the obtaining of a licence granted by the Colonial Secretary before importation, any raw opium which is imported by water, from a place from which such raw opium may by the law of that place legally be exported, under a through bill of lading for any place into which such raw opium may by the law of that place legally be imported, may be imported into the Colony, and may be exported to such place, provided that the following conditions are com- plied with:-
(a) The ship on which the raw opium is imported shall proceed direct and forthwith to the harbour of Victoria and shall forthwith enter such harbour.
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(b) Full particulars as to the description, weight, con- signors, consignees and destination of the raw opium, and as to the marks and numbers of the cases in which it is con- tained, shall appear in the manifest of the said ship.
(c) The presence of the raw opium on board the said ship shall be reported in writing to the Superintendent by the master of the ship within four hours after the arrival of the ship in the harbour of Victoria: provided that if the office of the Superintendent be not open for the four hours im- mediately after the arrival of the ship in the harbour of Victoria the report required by this paragraph may be made to the inspector on duty at the Central Police Station.
(d) The raw opium shall not be—
(i) removed from the ship on which it was imported, or (ii) in any way moved in the Colony after removal from such ship, or
(iii) exported,
except under, and in accordance with, a removal or export permit issued by the Superintendent.
(e) The chest, box, case or package containing the raw opium shall be imported, and shall while in the Colony be maintained, unopened and unbroken, unless it be opened or broken during and for the purposes of some search authorised by this Ordinance.
(f) A certificate in Form No. 1 in the Schedule or Form No. 1. in some form which appears to the Superintendent to be equivalent shall accompany the raw opium on the said ship and shall be produced to the Superintendent at least four hours before the raw opium is exported.
Schedule
(g) The raw opium shall be exported with all reasonable expedition.
(h) The ship on which the raw opium is exported shall, on leaving the harbour of Victoria, proceed direct and forth- with out of the waters of the Colony.
(i) The exportation of the raw opium shall be reported in writing to the Superintendent, by the owner, charterer or agent of the ship, within 48 hours after the departure out of the waters of the Colony of the ship on which the raw opium is exported.
(3) No export permit shall be issued under paragraph (d) of sub-section (2) until there shall have been produced to the Superintendent a certificate in Form No. 1 in the Form No. 1. Schedule or in some form which appears to the Superintendent to be equivalent, and no such export permit shall be issued until the Superintendent is satisfied that such certificate is genuine and relates to the opium sought to be exported and has not been obtained by any misrepresentation.
Licence under s. 4 (2), and
revocation
of licence, discretion- ary.
(4) Sub-section (1) shall not apply to any raw opium imported by the Superintendent and in his possession or under his control.
5. The granting of any licence under section 4 (2), and the revocation of any such licence, shall lie in the absolute discretion of the Colonial Secretary, who may impose any conditions that he may think fit upon the granting of any such licence.
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