PUBLIC RECORD OFFICE
Reference :-
TIC.O. 882
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Market not to be over- stocked.
(1 of 84, 20.)
26
such notice, which shall be the last day of his exclusive privilege, and that no prepared opium purchased from such farmer, or from any licensee of such farmer, can be used without the consent of the new farmer after noon of the third day next after such date. Such notice shall be printed in English and Chinese, and the farmer shall supply copies thereof to all persons licensed by him under this Ordinance, and every such licensed person shall exhibit such notice in the place where he sells prepared opium, in a conspicuous position, so as to be plainly visible to every person entering such place.
21. The opium farmer shall not during the three months preceding the end of his term, prepare more than the usual quantity of opium, and neither he nor his licensees shall during such three months sell any prepared opium at less than the average current prices of the day, or in greater quantities than is usual at the time of year, and at the end of his term such farmer or his licensees shall not sell, export, or otherwise make away with or dispose of any of his or their stock of prepared opium, but shall make over to the incoming farmer the full and complete stock of raw or prepared opium then in their possession, at the marketable value thereof together with all furniture, fittings and implements used in or about the opium farmer's premises for the purposes of his privilege, and the incoming farmer shall be bound to take over and pay for the same accordingly.
22. All licensees of the Governor in Council under section 15, when there is no opium farmer, shall, during the last three months of the period of their licenses, be subject to (1 of 84, 19.) such restrictions as to the quantities of opium they shall prepare and sell as the Governor
in Council may from time to time determine.
Government licensees,
Arbitration.
23. In the event of any difference arising between the incoming and out-going opium (1 of 84, 20.) farmers as to the quantities of prepared opium produced or sold during the last three months of the term, and the value of the same, or as to the nature and quantity of the raw or prepared opium so to be purchased or made over, or the values thereof, or as to the value of the furniture, fittings, and implements aforesaid such difference shall be determined by three arbitrators, one to be appointed by the new farmer, one by the out-going farmer, and one by the Governor, The award of such arbitrators, or of a majority of them, shall be final, and the arbitration or such other settlement shall be held at such time after the end of the term of the out-going farmer as may seem reasonable to the Governor. Any award made may be filed in Court pursuant to the Hong Kong
Usual quad- tities. (1 of 84. 21.) Failure to appoint
arbitrator.
Code of Civil Procedure.
24. The majority of the arbitrators may determine, and are hereby empowered to decide in each particular case, what are usual quantities of prepared opium within the meaning of this Ordinance.
25. In case either the out-going or incoming opium farmer fails to appoint an arbitrator within ten days from his receiving notice from the Governor so to do, the other two (1 of 84,23.) arbitrators may proceed with the award, and in case of difference of opinion they shall appoint an umpire, whose award shall be final, and may be filed in Court pursuant to the said Code.
Time.
(1 of 84, 23.)
Powers of arbitrators.
(1 of 84, 24.)
Application
of Ordi.
nance.
26. The Governor shall fix the time within which the award of such arbitrators is to be completed, and such time shall be specified on the appointment of each arbitrator.
27. The arbitrators shall have the same powers as if the appointment and reference to arbitration had been made by an order of the Supreme Court under the said Code, and
their award in each case shall be final.
Arrests and Seizures.
28. All the provisions of this Ordinance as to searches, arrests, possession, the seizure and disposal of opium or implements, and the disposal thereof, penalties and their divi- (1 of 84, 13.) sion, rewards to informers, and penalties for false charges or irregular proceedings under this Ordinance, shall apply, so far as circumstances will permit, in relation to all cases of any infraction of this Ordinance or of any regulation made thereunder with respect to dross, dross opium, or the keeping of opium smoking divans.
Arrest with.
out warrant 22 of 87, 22.)
(1 of 84, 26
Search of ship with-
29.-1.) Any police or excise officer may arrest without warrant any person within the Colony whom he reasonably suspects to have in his possession any opium in contra- vention of this Ordinance, and may take such person to a police station in order that, if necessary, he may be brought before a magistrate to be dealt with according to law.
(2.) Every such person and his luggage shall be liable to be searched before he is taken to the police station, but only under the supervision of an European police officer not under the rank of sergeant.
in
30. Any police or excise officer, having reasonable ground for believing that there any opium in any ship within the Colony in contravention of this Ordinance (such (1 of 84, 27.) ship not being or having the status of a ship of war) may proceed without warrant on
out warrant.
27
board such ship and search for such opium, and may seize any such opium so found, together with all implements connected therewith, and shall take the same, together with the person in whose possession it is found, to a police station in order that he may be taken before a magistrate, to be dealt with sccording to law.
31. Whenever it shall appear to any justice of the peace, upon the oath of any person, Search with that there is reasonable cause to believe that in any dwelling house, shop, or other build- warrant. ing or place, or on board any ship (not being or having the status of a ship of war) within (1 of 84, 201 the Colony, there is concealed or deposited any opium subject to forfeiture under this 22 of 87,20.) Ordinance, or as to which an offence has been committed against this Ordinance, such justice of the peace may, by his warrant directed to any police or excise officer, empower such officer by day or by night-
(1) to enter such dwelling house or other place, or to go on board such ship, and there to search for and take possession of any such opium, and of any implements in such place or ship.
(2) to arrest any person or persons being in such place or ship, in whose possession such opium may be found, or whom such officer may reasonably suspect to have concealed or deposited any such opium in such place or ship, or thereabout. 32. Such officer may, in case it should be needful to do so,-
(1) break open any outer or inner door of such dwelling house or other building or
place, and enter thereinto.
(2) forcibly enter such ship and every part thereof;
(3) remove by force any obstruction to such entry, search, seizure, and removal as he
is empowered to effect;
(4) detain every person found in such place or on board such ship until such place or
ship shall have been searched;
(5) seize and detain any such opium, or implements found in such place or on board
Buch ship';
(6) seize and detain any such opium or implements found in the possession of any of
the persons against whom his warrant is issued in any place whatever within the Colony.
33. If any ship shall be used for the importation, landing, removal, carriage, or con- Liability of veyance of any opium in contravention of this Ordinance, the master, owners, or agents masters, thereof shall be liable to a penalty not exceeding one thousand dollars.
An amount of any such opium found on board any such ship and exceeding— (a) in the case of any steamship of 60 tons burden and upwards, TIs. 50 in weight; (b) in the case of any steamship under 60 tons burden, Tls. 25 in weight; (e) in the case of all other ships, Tls. 10 in weight
shall be deemed evidence of the unlawful use of any such ship, unless it be proved to the satisfaction of the magistrate that every reasonable precaution had been taken to prevent the unlawful use of any such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein. Where practicable, all offences under this section shall be inquired into and adjudi- cated on by two magistrates sitting together.
of ship
owners, &c.
landing, &c. smuggled opium.
34. All informations to be laid, and all warrants to be issued, and all arrests and Sundays. seizures to be made under this Ordinance may be had or done on a Sunday as well as on (22 of 87,
20.) any other day.
Forfeitures.
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35. All opium seized with regard to which any breach of this Ordinance, or of any Contraband regulation made thereunder, has been committed, together with any implements, may be opium may forfeited by the magistrate, and in his discretion adjudged and delivered in whole or part (1 of 84, 29
to the farmer.
be forfeited.
and 85; 22
circum.
36. Whenever any seizure of prepared opium is made under this Ordinance, or when of 87, 18.). ever there is reasonable ground to believe that opium is prepared by any unauthorised Opiom person or in any unauthorised place, all raw opiumi found in the possession of such person, found under or in such unauthorised place may be seized by any police or excise officer. If the picious magistrate considers that there is reason to believe that the unlawful preparation of opiumstances. was carried on by such unauthorised person, or in such unauthorised place, or if any (1 of 84, 80 implement within the meaning of this Ordinance be found in possession of such unaatho- and 31.) rised person, or in such place, the magistrate may order such raw opium to be forfeited,
and may in his discretion direct that it be delivered to the opium farmer.
37. When any opium or any implement is found without being apparently in the Unclaimed possession of any person, the magistrate may cause a notice to be affixed at the place opium. where any such opium or implement was found, calling upon the owner thereof to claim (
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