PUBLIC RECORD OFFICE
Reference :-
TELEC.O. 882
لنسائي
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
5 PUBLIC RECORD OFFICE, LONDON
Interpreta-
tion.
Exclusive
privilege of
making, Delling,
chandu, &c.
to be sold.
Farm.
Farmer.
Contract by farmers.
Security.
Dispositions of securities.
Proviso,
Bezna due by farmer to be recoverable under "The Crown Buite
Ordinanon, 1076."
Conditions of
import and
export of
opium and
chandu by
land and sea.
3. In this Ordinance-
"
"
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Opium" means any kind of opium not prepared for smoking, chewing, or eating, and includes the leaves or wrappings in which opium balls have been wrapped, "Chandu means any preparation of opium or of morphine, or of any alkaloid of opium, or any preparation in which opium or morphine, or any such alkaloid, forms an ingredient, which preparation is used or intended to be used for smoking, chewing, swallowing, or injecting, and includes "opium dross." Opium dross means the refuse of cuandu which has been used for smoking
whether re-prepared for use or not.
#
"Import," with its grammatical variations and cognate expressions, means to bring
or cause to be brought into a Settlement either by land or by sea. "Export,” with its grammatical variations and cognate expressions, means to take
or cause to be taken out of a Settlement either by land or by sea.
"Chest" means a package with the opium contained in it of the size and character
generally used by merchants for the importation of opium.
Ship" means any steam or sailing vessel, junk, boat, sampan, or any kind of
craft used for the conveyance of persons or things by water.
4. Except as herein-after provided the exclusive right of making, preparing, selling, and retailing chandu, and of selling opium in smaller quantities than one chest st each Settlement, shall be vested from time to time in such person or persons as the Governor may license for that purpose as farmer, after sale, either public or private, of such exclusive rights, and on such conditions as shall seem proper for securing the due payment of the rents and revenues for the said rights, for providing equitable arrangements for the management of the opium farm, for regulating the quantity of chandu manufactured, and the price at which it is to be sold to the public, and for the transfer of the stocks of machinery and opium and chandu in the possession of the farmer at or near the end of his term of exclusive rights to the next succeeding farmer.
5. The exclusive rights granted under this Ordinance as regards any Settlement shall be called "the opium farm" of that Settlement, herein referred to as "the farm," and the person or persons in whom the said exclusive rights may for the time being be vested, shall be called "the opium farmer" of that Settlement, herein referred to as "the farmer."
6.-(1.) No person in whom such exclusive rights may be vested shall be entitled to use such rights until he has entered into a contract in writing with the Government in the form A No. 1 in the second schedule hereto, with such variations and additions (if any) as may be agreed on or the circumstances may require.
(2.) The farmer shall give such security as may seem to the Governor to be sufficient for the due fulfilment of his contract by mortgage of movable or immovable property or otherwise, and any such mortgage may be in the form A No. 2 in the said second schedule hereto, or to the like effect, with such variations and additions (if any) as the circumstances may require.
(3.) The Governor may at any time take, sell, diepose of, and realise and transfer by conveyance, to be executed by the Colonial Secretary, all property so mortgaged u aforesaid, or pledged or deposited as security under this section, without action, suit, or other legal proceeding, and apply the same or the proceeds of sale thereof, or so much thereof as may be required to liquidate any arrears of rent, or any fines, penalties, forfeitures, damages, or losses which may arise or cxist against the farmer during, at, or after the end of his term, whether the same shall be due to Government or to the incoming farmer.
Provided that no such fines, penalties, forfeitures, damages, or losses shall be charge- able against the farmer till the same shall have been sanctioned in writing by The Governor.
7. All rents and other payments due by the farmer or other person under any contract made under the last preceding section shall be deemed to be debts of record due to Her Majesty, and shall be recoverable at the suit of the Attorney-General in manner provided by " The Crown Suits Ordinance, 1876.”
8.-(1.) Opium and chandu shall not be imported or exported by sea except into or from one of the ports defined under "The Harbours Ordinance, 1872.”
(2.) Opium and chandu sball not be imported or exported by land nor exported in any junk or other sea-going Chinese vessel, except under and in accordance with such
101
regulations prescribing the quantity, the route by which it is to travel, the security to be given, and generally as may be issued by the Governor in Council.
(3.) The Governor in Council may from time to time prohibit the export of opium to Prohibitions any place either absolutely, or conditionally, or subject to such restrictions as the of export. Governor may direct.
(4.) Except as herein-after provided, chandu shall not be imported by any person except the farmer, nor shall the fariner import chandu except under such conditions and restrictions as the Governor may from time to time direct.
9.-(1.) Every person importing opium by sea shall, before landing the same, or any Import of part thereof, deliver to the import and export officer of the Settlement a requisition in opium. form B in the second schedule hereto giving the particulars therein required, whereupon the said officer shall grant a permit in form C in same schedule authorising the landing and storing of such opium.
(2.) Every person moving opium for exportation shall before moving the same deliver Removal of to the import and export officer of the Settlement a requisition in form D in the second opium for schedule hereto giving the particulars therein required, whereupon the said officer shall export. grant a permit in form E in the same schedule authorising the said opium to be moved and exported.
Settlement.
(3.) Every person moving opium from one place to another in any Settlement shall, Removal of before moving the same, deliver to the import and export officer of the Settlement, opium in the and to the farmer, a requisition in form F in the second schedule hereto giving the particulars therein required, whereupon the farmer shall grant a permit in the form G in the same schedule authorising the said opium to be moved.
officer
under certain circum-
stancos.
(4.) Every such requisition as is required by sub-sections (1) and (2) shall contain the Permit may full name and address of the person making such requisition. If the person making such be withheld requisition be unknown to the import and export officer, the import and export may withhold the permit and shall forthwith give notice of the requisition to the farmer. If the import and export officer shall not be satisfied that the person making such requisition is a bona fide dealer in opium, he may require security in a sum not exceeding the value of the opium referred to in the requisition that the opium will be landed and stored, or exported, or moved in accordance with the terms of the requisition to be given to him.
steamers sut
(5.) In the event of the arrival at or departure from any of the Settlements of any Arrival or steam vessel carrying opium at any time when the office of imports and exports is closed, departure of or may be closed before application for a permit can conveniently be made at such office, of office it shall be lawful for the agent of the said steam vessel to land or ship any opium without hours. a permit, and to deliver any opium so landed to the owners or consignees thereof, or to keep the same in his own custody; but so soon thereafter as the office of imports and Permit sub- exports is opened for business, the said agent shall apply for the necessary permit by sequently. requisition showing the particulars above required.
10.-(1.) The master of every ship which arrives at any Settlement having on board Ships any opium in less quantity than one chest, or in parcels of less than one chest, shall arriving with forthwith on the arrival of the ship deliver a requisition in form B in the second schedule opium in less quantity than hereto, giving the particulars therein required at the office of imports and exports, or if one chest on the said office be not at the time open for business then at the chief police station of the board. Settlement.
(2.) Forthwith on the receipt of such notice the import and export officer or the chief police officer at the said station, as the case may be, shall grant a permit in form C in the second schedule hereto addressed to a police officer, authorising and requiring him to proceed forthwith on board the ship and take possession of the said opium, and bring the same to the said office or station as the case may be, there to be kept until exported or sold to the farmer, and such order shall be carried out accordingly.
(3.) If and when it is desired to export the said opium, the owner or his agent shall deliver to the import and export officer a requisition in form D in the second schedule hereto giving the particulars therein required, whereupon the said officer shall grant his permit in form E in the same schedule authorising the export.
Ships arriv. 11.—(1.). If a ship arrives at a port in any Settlement having on board chandu for the ing with use of the crew or passengers on the passage of such ship, as sea-stores or as part of her chanda a cargo carried for importation at some other port, the master or the person in whose re-storms or possession, custody, or control, such chandu may be, shall forthwith on the arrival of cargo in
N 3
transit.