THE HONGKONG GOVERNMENT GAZETTE, Srп JANUARY, (1879.
And Whereas it is by the said Ordinance also enacted
that the person, if any, actually holding any such privi-
lege is thereby empowered to grant licences to all proper
persons authorising them to boil and prepare opinm and to sell and retail opium so boiled and prepared:
And Whereas it is desirable to make some provisions
with respect to the regulating the quantity of opium
manufactured and the transfer 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 amendinents in the said recited Ordinance:
Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:--
I. No person holding such exclusive privilege as afore-
sail, 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 sucht 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.
II. 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 form provided by the sche-
dule 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 bolder 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 us 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.
III. 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 opium at such prices as may be settled subject to the proviso hereinafter contained for arbitration in case of difference.
IV. Neither the holder of the exclusive privilege nor his licensees shall, at or near the end of his term, manu facture more than the uenal quantity of boiled or prepared
ium, or sell any bailed or prepared opium 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 full and complete stock of raw or boiled and prepared opina at the marketable value thereof and in the event of any difference arising as to quantities of boiled and prepared opium nuanufactured 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 opino so to be pureliased or made over and the prices thereof, such differ- ence shall be determined by three arbitrators, one to be appointed by the new holder of the exclusive privilege, one by the person whose exclusive privilege has expired or is
烟發賣 條
零沽
各色洋 及另改則例
條髮
伊之於發有者確釋
煮人合牌權
准例照轉
將年牌凡舊洋定又
現期照由承烟例照
存滿者伊-
若限得
所日均聼人干煮現
有應於領與及熟欲
定會督香籮
例同憲港此
烟-
分沽期
牌
壹者用
期
其
第
得洋
亦煮
滿
圓但膏
罰凡
煮在烟期於
承熟該過之
午-
洋承 其 時
自
人秕伊人者必洋
轉應當
領將用
該英新
坭將者
叉不
至得賤
當罰錶但不過壹百大圓 之人准 生熟洋烟移 於後 者起期第三日正午 人應將該紙分給所有遵依該則例由 槪接受其價值 -
人該貨照依時價給值倘有爭論 於合例 將現存所有 特醶 致使人在新承-
考常用英文華文合寫一紙而該承-
承-
人亦應一 必將所有生坭熟膏一切盡交新承 發牌照 年期滿日應 議定 -
期內沽賣煮熟洋 必先求新承-
人允肯力可已上所言 新承-
人而新 販賣出埠成彼此遷移互相授受務 有權轉 牌照者均於 局員 分量亦不得在該承 洋烟均不得在該承-
期滿後使用乃 熟膏一概交與 賣者至於現存煮熟洋煙一些不得 者立即 凡由伊轉領 定例 沽寳煮熟沣烟過其 自承-
人或由伊轉領牌照者此種 現存所有生坭 又不得賣煙多過平時卽照本季所 確承-
舊承-
人與 會 期滿及將滿期之時 滿又俾衆皆知凡有煮熟洋烟無論買 於期滿時應將 不得賤價沽賣過於時值中等價錢 經定片 洋烟若干及 督憲 粺者均不得於承-
傳報衆人俾知某月某日是他承-
期 及由伊領牌者 將滿均不得煮熟洋煙多過平時亦 遵例 定例限煮熟 香港 之全權者及由伊領 承-
滿日預先一個月用下開格 承-
之全權者 伊領牌者於該承-
之期已滿或期 式 叉照得 又照得現欲 爲此 第一欸 該承-
第二款 韩該承-
之全權者須於該 第三歎 執 第四欸 執該承-
之全權者及由 此款者必罰但銀 紙懸掛店內當眼之處務使凡入店之 之後用其烟膏凡違 伊轉領牌照者而該領牌*亦應將該 人無不一目了然凡違此款之一者皆
伊煮熟 新承-
人
不過壹千大圓
論酌
則要
人將
前該所
三貨有
個照
多寬或因如此交賣煮熟洋貨色 有爭論則請 可由商酌安當 或因前三個月內煮煙煙之價值 公正人照下限 低價値貴賤等情則當立公正人 定章程拍和 三名即由新承-
人立一名由舊承
平滿
價時或
亦期由
牌遵
牌 已後
洋
爍
他
下
使者無
用此論-
格於
乃種買期式該
{
46
3
|-
人立一名由本港總
一或二人所見相同亦可 人同心合意而定厥議 督立一名應由該公正
另議之期或在承-
期
决定遵行至於决斷及
可在按察使司衙門遵
及在新承-
人起期第三日正午所 他因所有煮熟洋煙不及三兩之數 牌照者買來該煮熟洋煙則不得罸 明買此貨之證據歸於其人倘若有 人果實由舊承-
人及領舊承-
人 有人說該貨如此買來則當自已立 片二字之下要加已下除去所有買 自當時承-
者或買自領伊者若 下要加煮熟或三字叉在第四行鴉 群開在後 在該歎第三行字之 第五欸 已上所言一千八百五十 八年第二條則例應改第八欸其曾
而該公正人所决定
港總督意見裁定奪
或在旣滿之後必由本
滿之日或在未滿之前
[照香港國家錢債審判
則例陳明
THE HONGKONG GOVERNMENT GAZETTE, 8TH JANUARY,1879.
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 at 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, and any award runde may be filed in Court pursuant to the provisions of "The Hongkong Code of Civil Procedure.”
則照
察正
使人
意
見
滿
之
或
在
期
或
限之先
熟人
V. Section VIII of the said recited Ordinance shall be
amended by the insertion "opium" 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 "opina" 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 opiam from the outgoing holder of the exclusive privilege "or from any licensee of such outgoing holder shall 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- “ ioudément of the new holder's privilege.
第六歎 凡有未領牌照之人有 熟洋煙撂人採買或擺賣或寄沽及
凡有煮熟洋煙在未領牌照之人
掌簪理見於不准之處除第五款所
匯出餉
之生人
慈
員兼具洋欵
或若
所煮有
曾被差役或收
若論第
不權本有有八
確何欵 原
有覺故不
在本港內有
處而該生坭任
理或在不准之
出生坭見在無 權之人手上管
人員皆可緝拿歸官卽由巡理府定
緝獲所有生
則差役或收 餉人員有權
煮熟注煙者
在不准之處
無權之人或
生權收
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器具 奪交當時承-
之人又凡見在未領
定 府 奪 决
斷
坭朧無權之
人及在不准
於何人
之處者
-
或洋
見熟 用有
拿用於者煮 熟之者不或
將煮見
其煙
拿具
所准確
之質具
由差處預會
不
除
役或備有第照
收實
餉
沽有
及煮
獲解送巡理府
VI. All boiled or prepared opinn 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 aro manifestly intended to be used in boiling or preparing
opium by any authorised person or in any unauthorised! place, may be seized by a Police or Revenue Officer, and 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 opium or utensils or vessels are found may be appreliended and taken before a Magistrate by any Police or Revenue Officer,
VII. Whenever boiled or prepared opium is ao seized as last aforesaid and any such utensils or vessels are also seized as aforesaid, the Police or Revenue 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 tho Magistrate before whom the ease is brought.
VIII. Whenever from any other causo 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 Revenus Oficer to seize any raw opium found in
authorised place.
the possession of such unauthorised person or in such un-
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