CO129-007 - Sir John Davis - 1844 — Page 345

Governor

28th Victoria, Hongkong,

December, 1844.

N°79.

3 Enclosures.

Received

N° 71, forwarding, entitled for licensing the-

Transmitting copy of Ordinance-

An Ordinance.

And for the licensing of Pawnbrokers " within the Colony of Hongkong, Auctioneers with a Table of official Licenses and Fees

on

Pawn Brokers-

and Betel Leaf-with

"sale of Salt, Opium, Bhaang, Ganja

"Ard

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"Signatures", and the Regulations

under it

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In Confirmation of the Act. Implied the

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341

HONGKONG,

ANNO OCTAVO

VICTORIÆ REGINÆ,

No. 21 of 1844.

BY His Excellency JOHN FRANCIS DAVIS, Esquire, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China with the advice of the Legislative Council of Hongkong.

AN ORDINANCE for licensing the Sale of Salt, Opium, Bhaang, Ganja, Pawn, Betel and Betel Leaf within the Colony of Hongkong, and for the licensing of Pawnbrokers and Auctioneers with a Table of Fees on Official Licences and signatures.

[Passed the 26th day of November, 1844.]

WHEREAS, it is expedient to raise such funds as may be necessary to defray the Civil expenses of the Colony of Hongkong and its Dependencies.

1.

Be it therefore enacted and ordained with a view to the part performance of such object by His Excellency the Governor of Hongkong with the advice of the Legislative Council thereof. That no person shall within the said Island of Hongkong or its Dependencies or the waters thereof carry on the trade or occupation of a weigher or broker of Salt or sell or retail any Opium, Bhaang, Ganja, Pawn, Betel or Betel Leaf in a smaller quantity than one chest for consumption without having previously obtained a licence for that purpose from the Governor for the time being in Council.

2. And be it further enacted and ordained that it shall be lawful for the Governor for the time being in Council to grant by licence to one or more persons the exclusive right and privilege of exercising the trade or occupation of a broker or weigher of Salt and of selling or retailing Opium, Bhaang, Ganja, Pawn, Betel and Betel Leaf for consumption in any quantity less than one chest within the said Colony and its Dependencies and the waters thereof.

Title.

Preamble.

No person to act as a weigher or broker

of salt or retail Opium, Bhaang, Ganja, Pawn, Betel or Betel Leaf without a licence for that purpose.

Power given to Governor in Council to grant such licences to

one or more persons.

Licences how to be

3. And be it further enacted and ordained, that the said licence or licences shall be granted to the highest bidders to be ascertained either by Public Auction or by tenders to be sent in, in pursuance of public notice to that effect, and on such conditions relative to the giving of Security for the payment of the sum tendered and for the maintenance of good order and the prevention of riots or disturbances among the persons engaged in the Salt-trade or on the premises of persons retailing or selling Opium, Bhaang, Ganja, Pawn, Betel and Betel Leaf for consumption within the said Colony of Hongkong or its Dependencies or the waters thereof and subject to such other regulations in all respects as from time to time to His Excellency the Governor with the advice of the said Executive Council may seem fit.

4. And be it further enacted and ordained that if any person without having obtained such licence as aforesaid or the permission or authority of the person so licenced as aforesaid shall exercise or carry on the trade or occupation of weighing Salt within the said Colony of Hongkong and its dependencies or the waters thereof or shall sell or retail Opium, Bhaang, Ganja, Pawn, Betel and Betel Leaf for consumption in any quantity less than one chest or shall infringe any of the Regulations from time to time established by the Governor in Council under the authority of this Ordinance he shall be liable to a penalty not exceeding 500 dollars to be recovered in a summary manner before any Magistrate of Police and in default of the said penalty being duly paid after conviction the same shall be levied by distress in the usual manner on the offender's goods and chattels and if there be no sufficient distress every such offender shall be liable to imprisonment for a period not exceeding six calendar months.

5. And be it further enacted and ordained that it shall and may be lawful to and for the said Governor in Council from time to time to make such further regulations or orders as to him shall see fit, respecting the weighing or vending of Salt or Opium, Bhaang, Ganja, Pawn, Betel and Betel Leaf with a power to enforce the same by such penalties as shall seem expedient, provided always that such penalties shall not exceed those hereinbefore imposed.

6. And be it further enacted and ordained that it shall and may be lawful to and for the said Governor with the advice of the said Council to make hereafter all such rules and regulations as to him may seem expedient concerning the farming, selling and retailing of Bhaang, Ganja, Pawn, Betel and Betel Leaf and that in the making and enforcing of such rules and regulations he shall be vested with all and singular the powers and authority hereby vested in him with respect to the farming, selling and retailing of Opium.

7. And be it further enacted and ordained that no person shall exercise or carry on the trade or occupation of a Pawnbroker or of an Auctioneer or shall keep a public billiard table without having previously obtained a licence from the Governor for the time being in Council which licence shall endure for the space of one year from the

Penalty for weighing Salt or retailing Opium, Bhaang, Ganja, Pawn, Betel and Betel Leaf contrary to Law and regulations.

Power to Governor

in Council to make Regulations from time

to time.

Power to Governor

in Council to make farming, selling and retailing regulations for the selling of Bhaang, Ganja, Pawn, Betel and

Betel Leaf as Opium.

No person to act as Pawnbroker, Auctioneer or keep public Billiard table without a licence.