PUBLIC RECORD
OFFICE
Reference :-
TELEC.O. 882
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
Personating CICISO
officers.
(1 of 84, 5.) Addresses
&c., of excise
officers.
(1 of 84, 6.)
Badges.
(1 of 84, 7.)
Exhibition
police.
of badge by (1 of 84, 7.)
Excise
officers taking
~ hribes, &
Import and possession of opium.
24
the form of Schedule A such other agents or servants of the opium farmer or other persons as may be approved of by him to act as excise officers under this Ordinance. Any such appointments may at any time be withdrawn by the Governor.
4. Any person assuming without lawful authority to act as an excise officer shall be liable on summary conviction to a penalty not exceeding one hundred dollars or in default to be imprisoned with or without hard labour for a period not exceeding three months.
5. The name and address of every excise officer shall be posted in a conspicuous place at the police court.
6. Every excise officer shall be supplied with a badge bearing such sign or mark of office as may be directed by the Governor, and when acting against any person under this Ordinance, every such excise officer shall declare his office, and produce to the person against whom he acts his said badge.
7. Every police officer when acting under this Ordinance, if not in uniform, shall declare his office, and produce to the person against whom he acts such badge as the captain superintendent of police may direct police officers to carry when on secret or special service.
8. Any excise officer who shall take any bribe, shall be liable on summary conviction to a penalty not exceeding two hundred dollars or to imprisonment for a term not exceeding six months with or without hard labour, and any excise officer who shall not, on cessing to be an excise officer, return to the opium farmer his uniform or accoutrements, badge or license, shall on summary conviction be liable to a penalty not exceeding one hundred dollars.
9.-1.) No person except the opium farmer, his licensees, and persons duly authorised by him in writing shall bring into the Colony, or have in his possession within the same, (1 of 84, 2.) any prepared opium not being dross opium without having a valid certificate under
section 12.
Unlicensed preparation, &c.
(2.) No person shall bring into the Colony or have in bis possession within the same any dross opium without the knowledge and consent of the dross farmer.
(3.) No person except a dross farmer or a duly licensed person under this Ordinance shall, within the Colony, collect dross or have in his possession without the knowlege and consent of the dross farmer or his licensees any dross except such as may be the result of his own smoking or of the smoking of opium on his own premises (the burden of proof whereof shall lie upon such person), and such dross shall in no case exceed two taels in weight; provided that when any person has in his possession any such dross in excess of two taels weight, upon giving notice thereof to the dross farmer, the dross farmer shall purchase the same at a fair and reasonable rate.
10.--(1.) No person except the opium farmer shall within the Colony prepare opium. (2.) No person except the opium farmer and any duly licensed person under this (1 of 84, 8.) Ordinance shall sell or offer or expose for sale any prepared opium.
Unlicensed divans. (1 of 84.)
Sale of prepared opium.
(3.) No person except the dross farmer and any duly licensed person under this Ordinance shall deal in or prepare dross opium.
Provided that no medical practitioner, chemist or druggist, not being a Chinese, or being euch and having a European or American diploma, shall be prevented from preparing or selling opium bona fide for medicinal purposes and provided that no trader in opium shall be prevented from bond fide testing samples of opium obtained in accor dance with the provisions of Ordinance No. 22 of 1887, or any Ordinance amending the same, and keeping the same for the purposes of his trade, the burden of proof whereof shall in each case be upon any person alleging the same in his defence.
11-(1.) No person shall open or carry on any divan or other place for the smoking of opium or dross opium without a license in such form and upon such conditions as may be approved by the Governor in Council.
(2.) All licensed divans shall be open to the inspection of the opium farmer and all excise officers at all times of night and day.
12. (1.) Every person selling prepared opium, not being dross opium, shall deliver therewith a certificate in Chinese or English in such form as the Governor may from (Î of 84, 10.) time to time approve, specifying the date of the sale, the name of the purchaser, and the quantity sold. Such certificate shall be issued from books provided with counterfoils, and both the certificates and the counterfoils shall bear corresponding and consecutive printed numbers. The certificates shall be stamped by the seller with the stamp used by him in carrying on his business, and shall be evidence of the facts therein stated, and shall not be transferable.
(2.) If
any person is charged with the possession of prepared opium without a valid certificate, he shall not be entitled to produce or put in evidence, or cause to be produced or put in evidence any certificate, as covering the opium in respect of which he
Certificate.
25
is charged, prior in date to the last certificate granted to him, unless he has received permission from the opium farmer to keep or store opium, which permission shall appear on the certificate produced or put in evidence.
(3.) Where there is no opium farmer the certificate shall be in the Form B. in the schedule hereto,
13. No certificate so granted by the opium farmer or by any licensee under him shall Lapse of be valid after noon of the third day from the date of the expiration of such opium certificate. farmer's privilege.
Farms.
(1 of 84, 17.)
14.-(1.) The Governor in Council may grant to any person, for such considerations Opium farm, and upon such conditions, and for such periods, and in such form, as from time to time (1 of 84, 9.) may be determined by the Governor in Council, the sole privilege of preparing opium, and of selling within the Colony opium so prepared, and either inclusive or exclusive of the privileges mentioned in sections 16 and 17. Such privilege may from time to time be offered for sale either by sealed tender or at public auction, and the time for sending in such tenders or of holding such auction shall be previously notified in the "Gazette in English and Chinese, and by advertisement in one or more daily newspapers.
(2.) The Governor in Council may also grant to any person the like privilege as afore- said by private contract, if it shall appear desirable in the interests of the Colony.
(3.) The accepted bidder for or the grantee of such privilege before he shall become entitled to the benefit thereof, shall give such security as the Governor in Council may require for the due performance of the conditions of such privilege and of his stipulations or agreement in respect thereof.
(4.) The opium farmer shall in all cases keep a proper register or record of all opium supplied to him, and shall give such details as to its disposal as the Governor may require.
15.-(1.) The opium farmer may in his discretion grant licenses to suitable persons Opium authorising them to sell prepared opium, but subject to such conditions as shall from farmer's time to time be approved by the Governor in Council.
licenses.
(2.) Where there is no opium farmer the Governor in Council may in his discretion (1 of 84, 15.) grant licenses to suitable persons authorising them to prepare and self opium upon such conditions as shall from time to time be approved by the Governor in Council.
Provided that the provisions of section 18 as to fines for breaches of regulations shall apply equally to all breaches of regulations as to the sale or preparation of opium imposed upon the licensees under this section.
16. The Governor in Council may from time to time upon such terms as he may Dross farm. think expedient grant the privilege of collecting dross, and of preparing and dealing in (1 of 84, 11.) dross opium; and the grantee thereof may grant licenses to persons approved by him to collect dross, or to prepare or deal in dross opium and such licensees when collecting shall carry such badge as the Governor may direct.
17. The Governor in Council may in like manner grant out the privilege of keeping Divan farm. divans for the smoking of opium to any person, and the grantee or grantees of such (1 of 84, 10.) privilege may issue licenses to separate keepers of such divans. The Governor in Council may make such regulations as to the division of opium smoking divans into classes as to him may seem expedient.
18. The Governor in Council may from time to time make, revoke, add to, or alter a Fines under scale of fines to be levied for breaches of the regulations under which any privilege is farm regula- granted under this Ordinance; provided such scale shall not come into effect until the tione same has been published in the "Gazette." Every fine provided by such scale shall (1 of 84, 18.) be levied in the same manner as the fines imposed by this Ordinance.
19. If the consideration money for any privilege granted under this or any Ordinance Farmer's hereby repealed, or any instalment thereof, be not paid within one month next after the default. day appointed for the payment thereof, the said privilege shall become null and void, (1 of 84, 14, and, over and above all other liabilities under this Ordinance or any Ordinance hereby repealed, or any conditions of such privilege, the farmer shall be liable to make good to the Governor all losses or expenses incurred by reason of such default in payment, or by reason of any resale or regrant of such privilege which the Governor in Council may thereupon make, and to make which he is hereby authorised.
Transfer of Farm. Arbitration.
20. Every opium farmer shall, one month before his privilege expires, give public Notice of notice, in the form of Schedule C., that such privilege is to expire on the day named in expiry of
U 76470.
D
farm. (1 of 84,18.)