CO882-(4-5) — Page 357

PUBLIC RECORD

OFFICE

Reference :-

TELEC.O. 882

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Disposal of forfeited

opium.

Possession of forfeited opium.

Analysis,

Vexations proceedings. (1 of 84, 87.)

Warranta improperly obtained.

(1 of 84, 38.)

Procedure relating to cases of seizure of

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the same. If no person shall make such a claim within one week from the affixing of such notice, such opium, or implement shall be forfeited, and may be delivered by the magistrate in his discretion to the opium farmer.

38. Notwithstanding anything in this ordinance contained, any opium seized on board of any steamship bound or about to proceed to the ports of Canton or Macao and which does not appear on the manifest of such vessel shall, if forfeited by a magistrate, be detained by him until the disposal thereof has been determined by the Governor in Council.

39. Any opium forfeited and detained under the preceding section may be disposed of as the Governor in Council directs; and no police officer or other person lawfully holding or storing such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 12 or otherwise.

Procedure.

40. The magistrate may, in his discretion, employ an analyst or other skilled person to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may at his discretion order the payment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the pro- ceeds of any forfeiture ordered by such magistrate.

41. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false, or frivolous and vexatious, it shall be the duty of the court to impose upon the person bringing such charge a penalty not exceeding that which the defendant would have incurred if convicted upon such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise incurred in respect of his said charge or complaint or of his evidence in support thereof.

42. Over and above all other liabilities and penalties to which, by this ordinance or otherwise, any person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 49 to be enforced and levied as herein-after provided.

43. In any proceedings before a magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorised by any of the provisions of this Ordinance, it shall be lawful for the judges articles, &c. of the said court and for such magistrate, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without inquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.

Information not admitted in evidence.

Name of

informer to

&c.

44. Except as herein-after mentioned, no information laid under the Opium Ordinances 1884 to 1887 or this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged to disclose the name or address of any informer, or to state any matter which might lead to his discovery, and if any be concealed, books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any such informer is named or described, or which might lead to his discovery, the court or magistrate shall cause ali such passages to be concealed from view or to be obliterated so far as may be necessary Exception. I to protect the informer from discovery, but no further. But if in any proceedings before a magistrate for any offence against any provision of the said Ordinances, or this Ordinance, the magistrate, after full inquiry into the case, shall believe that the informer wilfully made in his information a material statement which he knew or believed to be false or did not believe to be true, or if any other proceeding the court or magistrate shall be

Giving false

name.

Producing false corti

ficate.

of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court or magistrate to require the production of the original information, and to permit inquiry and require full disclosure concerning the informer.

Miscellaneous.

45. If any person, charged with any offence under this Ordinance, shall give a false name, or with intent to procure his discharge or acquittal shall produce or offer in evidence, or cause to be produced or offered in evidence any certificate required by this Ordinance, which shall be proved, to the satisfaction of the magistrate, to have been issued to any other person or to be forged, he shall be liable on summary conviction to a penalty not exceeding $100, in addition to any other punishment or penalty to which he may by law be liable.

23223

29

Aiders and

46. Whosoever shall attempt to commit any offence in contravention of this Ordinance Attempts. or who shall aid or abet any other person in any such offence, or in the attempt to abettors. commit any

such offence, shall be liable on summary conviction to the same punishment and penalties as if guilty of the actual offence.

to be in-

47. Persons employed in any department of the public service, and persons in their Public employ, or any of them, are disqualified from becoming or being in any way possessed officers not of or directly or indirectly interested in any privilege or license under this Ordinance, or terested. the profits thereof, whether at law or in equity, and whether in their own right respec- (1 of 84, 39.) tively or in the right of another, and from suing for or in respect of or in any way enforcing the same.

tion for

search.

48. If any unsuccessful search for opium has been made under section 29 or 30 of this Compensa Ordinance by the request or at the instigation of the opium farmer, and there is no reason unsuccessful to suppose that any opium in contravention of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the opium farmer shall replace and repack any goods which may have been unpacked by reason of such search, and shall make good any damage he may have caused thereby, and the amount of money claimed any such damage shall be adjudicated upon by a magistrate, and shall be recoverable as a civil debt under the provisions of the Magistrates Ordinance, 1890.

for

Penalties.

49. Every omission or neglect to comply with or act done contrary to the provisions Penalties.

of this Ordinance shall be deemed an offence, and for every offence against this Ördinance (1 of 94, 33.)

or against any regulation made thereunder not otherwise specially provided for, the offender shall, in addition to any forfeiture of opium and implements provided for by this Ordinance, be liable on summary conviction to the following penalties:-

(1.) For every first offence, a penalty not exceeding five hundred dollars, or imprison-

ment with or without hard labour for a term not exceeding three months.

(2.) For every subsequent offence, a penalty not exceeding one thousand dollars, or

imprisonment with or without bard labour for a term not exceeding six months.

50. A portion not exceeding half of the pecuniary penalty recovered from any offender Informer's against this Ordinance may, at the discretion of the magistrate, be awarded to the informer, share. and in every case relating to prepared opium the remainder of any such penalty recovered (1 of 84, 84.) shall be paid to the opfum farmer, except in the cases provided for by section 38.

51. Whosoever shall assault, resist, or wilfully obstruct any excise officer in the due Protection execution of his duty shall be guilty of a misdemeanour, and upon conviction thereof of excise shall be liable, in the discretion of the magistrate, to be imprisoned for any term not execution of exceeding one year with or without hard labour, or to a penalty not exceeding $250.

'Repeals, &c.

oficers in

their duty, &c.

52. Ordinances Nos. 1 of 1884 and 17 of 1886 are hereby repealed, but such repeal Repeals. shall not affect anything lawfully done or commenced to be done thereunder, or any privilege granted thereunder and every regulation, bond, license, or appointment made or issued under the above repealed Ordinances shall continue in full effect as if made or issued under this Ordinance until such regulation, bond, license, or appointment shall be duly cancelled, amended, or withdrawn, or shall expire.

53. This Ordinance shall come into operation on a day to be proclaimed by the Commence Governor.

Passed the Legislative Council of Hong Kong, this 2nd day of November 1891.

เ

A. M. THOMSON, Acting Clerk of Councils.

Assented to by his Excellency the Officer Administering the Government, the 13th day of November 1891.

A.B. of

SCHEDULES. (A.)

Appointment of Excise Officer. THE OPIUM Ordinance, 18

in

W. MEIGH GOODMAN, Acting Colonial Secretary.

is hereby appointed to be an excise officer under the above Ordinance, and is duly vented with all the rights, powers, and immunities of such officer under the provisions of the said Ordinance, until

or until this license is revoked by the Governor of this Colony for

Colonial Secretary.

18

the time being. Hong Kong.

18 •

D 3

ment of Ordinance.

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