1960-HKRS29-8-27_Part01 — Page 35

ployment or in accordance with the direction of a registered medical practitioner and provided further that in any prosecution for an offence contrary to this paragraph the burden of proof that a person is a person to whom such prohibi tion does not apply shall lie upon the defendant: (b) smoke, consume, ingest or inject any dangerous.

drug in soy divan;

(c) keep, manage or act or assist in the management;

of any divan or of any place in which any dangerous drug is unlawfully stored or manu- factured;

(d) being the tenant, lessee, occupier or person in charge of any place, permit or suffer such place or any part thereof to be used as a divan or for the unlawful storage or manufacture of any dangerous drug;

(e) let or agree to let whether as principal or agent any premises or place with the knowledge that such premises or place or some part thereof is to be used as a divan or for the unlawful storage or manufacture of any dangerous drug or con-i sent to the use at any time of such place or any part thereof as a diven or for the unlawful storage or manufacture of any dangerous drug.":

(b) in subsection (2) by the deletion of paragraphs (d), (e), (f) and,

(g) and the substitution therefor of the following-

"(d) whenever any pipe or any article of equipment or apparatus fit for the smoking, consumption, ingestion or injection of any dangerous drug is found in any place it shall be presumed until the contrary is proved that such place is a divan; (e) any person found in a divan or found escaping therefrom on the occasion of its being entered under this Ordinance shall, until the contrary is proved, be presumed to be or to have been smoking, consuming, ingesting or injecting a dangerous drug therein;

(f) any person who lets or agrees to let whether as principal or agent any premises or place or part thereof shall be presumed to have consented] to the use of such premises or place or any parti thereof as a divan or, as the case may be, for the unlawful storage or manufacture of a dangerous drug if it is proved to the satisfaction of the

(Cap. 138).

7

magistrate that he knew of such use and failed forthwith to proceed to put an end to the same by making a report at a police station or by taking such steps as were open to him to terminate the letting or the agreement therefor:

(g) “unlawful” or “unlawfully" in relation to the storage or manufacture of a dangerous drug means otherwise than in accordance with this Ordinance Ог the Pharmacy and Poisons Ordinance or the terms or conditions of any licence or authorization granted in pursuance thereof.";

(c) by the deletion of subsection (6):

(d) by the deletion from the marginal note thereto of the words

"heroin or opium”.

9.

Amendment

of First

The First Schedule to the principal Ordinance is amended. (a) by the insertion after the beading “FIRST SCHEDULE" of schedule.

the following—

"PART 1.":

(b) by the deletion of paragraph 3 and the substitution therefor

of the following—

"3. Morphine and its salts; diacetylmorphine; diacetylmorphine hydrochloride and any other salt of diacetylomorphine; any ester of morphine; any salı of any ester of morphine.”:

(c) by the deletion of paragraph 6 and the substitution therefor

of the following-

"6. Any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine, diacetylmorphine hydrochloride, or other salt of diacetyl- morphine.":

(d) by the deletion of paragraph 8 and the substitution therefor

of the following-

"8. Thebaine and its salts; benzylmorphine and the other ethers of morphine and their respective salts, but with the exception of methylmorphine, commonly known as codeine, ethylmorphine commonly known as dionio, morpholynileythylmorphine commonly known as phol- codeine, and their respective salts,”:

(e) by the addition after paragraph 37 of the following—

**PART II.

Methylmorphine (commonly known as codeine).