40
25
And Whereas it is desirable to make some provisions
with respect to the regulating the quantity of opium
24 THE HONGKONG GOVERNMENT GAZETTE, 22ND JANUARY, 1879.
數及
改承洋存滿者伊-
生將年牌凡舊洋定文 條另新熟現期照由承烟師照 限得
則-
烟所日均轉
例人移有應於領與及熟
manufactured and the transfor of the stocks of raw and
prepared opium in the possession of the person holding.
such exclusive privilege and his licensees at or near the end of his term of exclusive privilege to the next holder of the same, and to make other amendments in the said recited Ordinance:
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:---
I. The terin “Revenue Officer" shall mean the person appointed by the Governor under section XI of this Ordi-
naace, and for the purposes of this Ordinance, any boiled or prepared opium, or utensils or vessels used for preparing
the same shall be deemed to be in possession of any person
if he knowingly have them in actual possession, custody,
or control by himself or by any other person.
II. No person holding such exclusive privilege as afore-
said, nor any licensee under such person as aforesaid, shall
sell or dispose of any boiled or prepared opium at or near
the end of the term for which such person holds such
exclusive privilege or at any time during the term for
which such person holds such exclusive privilege so as in
either case to authorize the use of such boiled or prepared
opium at any time after 12 o'clock at noon of the third day after the commencement of the term of the new holder
of the exclusive privilege, under a penalty not exceeding one thousand dollars.
III. Every holder of such exclusive privilege shall, one
month before the end of his term of exclusive privilege ex- pires, give public notice in the foria provided by the sche-
dule 4 hereto that the said privilege is to expire on the day to be named and that no boiled or prepared opium pur- chased from such holder of such exclusive privilege or from any licensee of such holder can be used after such time with-
out the consent of the new holder. Such notice shall be
printed in English and Chinese and the holder of the ex- clusive privilege shall supply copies thereof to all persons
licensed by him under the said recited Ordinance: and
every person so licensed shall exhibit the notice in his place of sale in a conspicuous position so as to be plainly
visible to every person entering such place of sale. Any person offending against any of the provisions of this section.
shall be liable to a penalty not exceeding one hundred dollars.
IV. The holder of the exclusive privilege and his
licensees shall, on the expiration of his term, hand over to the incoming holder, and the incoming holder shall take
over from the outgoing holder all his stock of raw, boiled and prepared opinin at such prices as may be settled subject to the proviso hereinafter contained for arbitration in case of difference.
V. Neither the holder of the oxclusive privilege nor his licensees shall, at or near the end of his term, manu- facture more than the usual quantity of boiled or prepared opium, or sell any boiled or prepared opinn at less than the average current prices of the day, or in greater quan- tities than usual at the time of the year, and shall not sell, export, or otherwise make away with or dispose of any of his stock of boiled or prepared opium, but shall make over to the new holder of the said exclusive privilege the fall and complete stock of raw or boiled and prepared opium at the marketable value thereof and in the event of any difference arising as to quantities of boiled and prepared opium manufactured or sold during the last three months of the term and the price of the same and of the nature and quantity of the raw or boiled or prepared opium so to be purchased or made over and the prices thereof, such differ-
之手執掌管理
不熟 將 洋 滿
過之
洋承其時-
領-
VI. Section VIII of the said recited Ordinance shall be amended by the insertion therein and the addition thereto of the following words:--After the word "any" in the third line of the said section the words "boiled or" and after the word "opium" in the fourth line thereof the words "not purchased from the holder of the existing privilege for "the time being or his licensee the burthen of proof of "which purchase shall lie upon any person alleging that Provided always that no "he so purchased the same. "person who may have purchased any boiled or prepared opium from the outgoing holder of the exclusive privilege "or from any licensee of such outgoing holder shail be "liable to be convicted for having in his possession such "boiled or prepared opium not exceeding three taels weight
"at any time before noon on the third day after the com- “ mencement of the new holder's privilege.
起洋
員例同憲港此
人人例第
具内
即所欸
指导
凡收此
欵此有餉則
該文報滿
承伸
皆伸先
或知
由凡
知
月
牌照者均於 局員 准者又此則 分量亦不得在該承 此種洋烟均不得在該 洋烟若干及 督憲 人員即指凡有 牌者均不得於承-
格式傳報衆人俾知某月某日是他承 及由伊領牌者 已滿或期將滿均不得煮熟洋 定例跟煮熟 香港 例内所收餉 之全權者及由伊領 承-
期滿日預先一個月用下開第一 承-
之全權者 及由伊領牌者於該承-
之期 叉照得現欲 爲此 第一欸 此則 第二歎 執該承-
第三欸 執該承-
之全權者須於該 第四欸 執該 第五歎 執該承-
之全權者
於特 定會督委
轉應當
承
伊有月 轉煮某用權 領熟日下者 牌洋是開
烟他第於
使者無承
熟現
將者
一槪交與 煙多過平時卽照本季所賣者 -
期滿後使
於多於妾
必出現過時過
或煮時
彼熟
該生此洋
貨坭
煙本
生熟洋烟移 於後 具為人所有者 者起期第三日正午 承-
人應將該紙分給所有遵依該則 槪接受其價值 受務必將所有生坭熟膏一切 將現存所有 特醶 洋烟或煮器 烟致使人在新承-
所言者當用英文華文合寫一紙而該 承-
人亦應] 販賣出埠或彼此遷移互相授 年期滿日應 議定 例內所煮熟 -
期沽內賣煮熟泮 用乃必先求新承-
人允肯方可已上 新承-
人而新 至於現存煮熟洋煙一些不得 欸者必罰但罰錢 乃指其人自已 之後用其烟膏凡達 由伊轉領牌照者而該領牌亦應 可由商酌麥當 盡交新承-
人該貨照依時價
自已或藉他人 不過壹千大圓 明知所有無論
入應則該
定公倘可槪承
章正
爭商
將該懸掛店內當眼之處務使凡入 倘有爭論則 給値倘有爭論或因前三個月 店之人無不一目了然凡違此歎之一 公正人照下限 內煮煙賣煙之價值多寡或因 定章程拍利
者皆賞罰錢但不過壹百大圓
如此交賣煮熟洋煙貨色低
至於决斷及另議之期或在
人所見相同亦可决定遵行
人同心合意而定厥議或二
港總督市一名應由該公正
名由舊承-
人立一名由本
人三名都由新承-
人立一
價值資賤等情則當立公正
司衙門遵照香港國家錢債
正人所决定者可在按察使
THE HONGKONG GOVERNMENT GAZETTE, 22ND JANUARY, 1879.
ence shall be determined by three arbitrators, one to be appointed by the new holder of the exclusive privilege, pue by the person whose exclusive privilege has expired or is about to expire, and one by the Governor, and the award of such arbitrators or a majority of them shall be final, and the arbitration or such other settlement shall be held nt such time at or before or after the end of the term of the outgoing holder of the exclusive privilege as to the Governor may seem reasonable, aud any award made may be filed in Court pursuant to the provisions of "The Hongkong Code of Civil Procedure."
審司正總前承至人人港名人價 判衞人督或-
於所同 所意在期决 例遵决見旣游 台业 裁滿之及
名
可定應
承
人
立
者或買自領伊牌者若有人說該貨
要加已下除去所有買自當時承-
三字又在第四行鴉片二字之下 在該歎第三行或字之下要加煮熟 改第八款及加增群開在後之言即 第六款 已上所言前時之則例應
凡有煮熟洋煙在未領牌照之人 熟洋煙招人採買或擺賣或寄沽及 第七款 凡有未領牌照之人有煮
或
或洋之外管 煙人叉理
欲置用
-
拿用於者
显者
官所准
見熟招
凡由差處預會除牌 煮見巡役或靠有第
理及確用未 未府收實 領欵
倒 煮牌所執
奪交當時承-
之人叉凡見在未領
該案者定奪
由巡理府决斷
處而該生坭任
理或在不准之
權之人手上簪
出生坭見在無
餉人員緝獲櫻
言被差役或收
煙器具如上所
煮熟洋煙或煮
第八欸 若有
坭員差
在不准之處
無權之人成
在本港內有
若有確據覺
論有何原故
第九欸 不
故不
煮熟
則差役或收
餉人員有權
所
有
員
有
役
或
煙
准之港
緝獲所有生
則各差役收餉人員皆可將其人拿 牌照之人有煮熟洋煙或煮煙器具
於何人
人及在不准
坭屬無權之
-
據此
海人當
牌人明
因照果買
實此
承有買由貨
-
煮來舊
人起期第三日正午所限之先
洋煙不及三兩之數及在新承-
該煮熟洋煙則不得罰他因所有煮
VII. All boiled or prepared opium offered or exposed for sale or retail by any unauthorised person and all boiled or prepared opium found in the possession or custody or control of any unauthorised person or in any unauthorised place, except as in the last section mentioned, and any utensils or vessels which have been used or which are manifestly intended to be used in boiling or preparing
opium by any unauthorised person or in any unauthorised place, may be seized by a Police or Excise Officer, aud shall be forfeited and may be by a Magistrate delivered
and adjudged to the holder of the exclusive privilege for the time being, and any unauthorised person in whose possession any such boiled or prepared opiùra or utensils or vessels are found may be apprehended and taken before a Magistrate by any Police or Excise Officer.
VIII. Whenever boiled or prepared opium is so seized as last aforesaid and any such utensils or vessels are also
seized as aforesaid, the Police or Excise Officer seizing
the same may also seize any raw opium that may be found in the custody or control of such unauthorised person or in such unauthorised place and such raw opium shall be subject to the order of the Magistrate before whom the case is brought.
IX. Whenever from any other cause there is reason- able ground to believe that boiled or prepared opium is manufactured by any unauthorised person or in any un- authorised place within this Colony it shall be lawful for a Police or Excise Officer to seize any raw opium fond in the possession of such unauthorised person or in such un- authorised place.
獲解送巡府
之處者
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