Confidential
A.
Enclosure 2
Draft of Ordinance read at Hong Kong Committee on
14 July
A BILL
ENTITLED
An Ordinance for the better regulating of the trade in Raw Opium,
WHEREAS for the more effectual protection of the Revenue of the Colony it is expedient to regulate and control the movement of Raw Opium: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Opium in this Ordinance means raw, crude, or unprepared Opium.
Chest of Opium means the package with the opium therein such as is usually imported by merchants in the Colony.
Ship in this Ordinance shall be construed so as to include any steam vessel, junk, boat, sampan, or any kind of craft used for conveyance of persons or things by water.
2. It shall be lawful for the Governor in Council to grant to one or more persons of whom he may approve the exclusive privilege of selling Opium in smaller quantities than one chest within the Colony or the waters thereof, and such exclusive privilege shall be granted in such manner and for such consideration and for such period or periods as the Governor in Council may deem advisable. The grantee or grantees shall be called the Raw Opium Farmer whether the privilege be vested in one or several persons.
Opium in quantities less than one chest.
3. No person shall bring into the Colony or the waters thereof or receive therein Opium in quantities less than one chest so brought into the Colony or its waters.
4. It shall be lawful for the Raw Opium Farmer, on such terms as may be approved by the Governor in Council, to grant licenses for the sale of Opium intended for export in quantities less than one chest, and no person except the Raw Opium Farmer or his licensees shall be permitted to sell, or barter, within the Colony or its waters Opium in quantities less than one chest. The purchase, sale, or barter of quantities less than one ball or cake is hereby forbidden.
5. It shall be the duty of the Raw Opium Farmer and his licensees to grant to persons purchasing Opium in quantities less than one chest a certificate in the following form:-
No.
Sold this day to
Date 188.
Balls (Patna)
Cakes (Malwa)
to be exported by him to
This Certificate shall not be valid after noon of the day of the above date without the consent of the Raw Opium Farmer.
[Chop.]
6. No person except the Raw Opium Farmer or his licensees shall have in his possession or under his custody or control Opium in quantities less than one chest unless he can show to the satisfaction of a Magistrate
(a.) that he purchased the said Opium from the Raw Opium Farmer or one of his licensees, and
(b.) that the said Opium is intended for export: provided however that the production of a valid certificate of sale from the Raw Opium Farmer or licensee and a valid duty receipt from the Chinese Customs Authorities will be good and sufficient evidence of such purchase and intention to export.
7. It shall be the duty of the Raw Opium Farmer and the licensees to keep a Register of the Particulars of purchase and sale in such form as the Governor may from time to time order.
8. Any person offending against the provisions of Sections 3, 4 and 6, shall, on conviction before a Magistrate, be liable to a fine not exceeding $1,000 and the forfeiture of the Opium or in default imprisonment with or without hard labour for a period not exceeding 3 months or the Magistrate may order a period of imprisonment with or without hard labour in lieu of a portion of the fine, provided the whole imprisonment do not exceed 6 months.
RECO/Russell
REGR
OCT 86/
Page 276
158613704.
Interpretation
Exclusive grant of selling Raw Opium in quantities less than one chest.
Import of Opium less than one chest prohibited.
Sale of Opium in quantities less than one chest.
Purchase, sale or barter of Opium in less than one chest for export only.
Confidential
A.
Enchiserne 2
Draft of Ordinance read at Hong Kong
Comnettim on
ད་
14
July
A BILL
ENTITLED
An Ordinance for the better regulating of the
W
trade in Raw Opium,
́HEREAS for the more effectual protection of the Revenue of the Colony it is expedient to regulate and control the movement of Raw Opium: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Opium in this Ordinance means raw, crude, or un- prepared Opium.
Chest of Opium means the package with the opium therein such as is usually imported by merchants in the Colony.
Ship in this Ordinance shall be construed so as to in- clude any steam vessel, junk, boat, sampau, or any kind of craft used for conveyance of persons or things by water.
2. It shall be lawful for the Governor in Council to grant to one or more persons of whom he may approve the exclusive privilege of selling Opium in smaller quantities than one chest within the Colony or the waters thereof, and such exclusive privilege shall be granted in such manner and for such consideration and for such period or periods as the Governor in Council may deem advisable. The grantee or grantees shall be called the Row Opium Farmer whether the privilege be vested in one or several persons.
Opium in quantities less than one chest.
3. No person shall bring into the Colony or the waters thereof or receive thereiu Opium in quantities less than one chest so brought into the Colony or its waters.
4. It shall be lawful for the Raw Opium Farmer, on such terms as may be approved by the Governor in Council, to grant licenses for the sale of Opium intended for export in quantities less than one chest, and no person except the Raw Opium Farmer or his licensees shall be permitted to sell, or barter, within the Colony or its waters Opium in quantities less than one chest. The purchase, sale, or barter of quantitios less than one ball or cake is hereby forbidden.
5. It shall be the duty of the Raw Opium Fariner and his licensees to grant to persons purchasing Opium in quantities less than one chost a certificate in the following
form:-
276
158613704.
Interpreza-
tion
Exclusive grant of sell- ing Raw Opium In quantities Lena Shan one chest.
Import of
Ofam less than one chest prohi bited.
Fale of
Uplata la
quantities less than one clust.
Pokkeeudon Optum in lese than one chest for export only.
RECO /Russell
REGR
OCT 86/
No.
Sold this day to
Date
188.
Balls (Patna)
Cakes (Malwa)
to be exported by him to
This Certificate sbull not be valid after noon of the
day of the above date without the consent of the Raw Opium Farmer.
[Chop.]
6. No person except the Raw Opium Farmer or his licensees shall have in his possession or under his enstody or control Opium in quantities less than one chest unless he can shew to the satisfaction of a Magistrate
(a.) that he purchased the said Opium from the Raw
Opium Farmer or one of his licensees, and (b.) that the said Opiuro is intended for export: provided however that the production of a valid certificate of sale from the Raw Opium Farmer or licensee and a valid duty receipt from the Chinese Customs Athorities will be good and sufficient evidence of such purchase and intention to export. 7. It shall be the duty of the Raw Opium Farmer and the licensees to keep a Register of the Particulars of pur- chase and sale in such form as the Governor may from time to time order.
8. Any person offending against the provisions of Sec- tions 3, 4 and 6, shall, on conviction before a Magistrate, be liable to a fine not exceeding $1,000-and the forfeiture of the Opium or in default imprisonment with or without hard labour for a period not exceeding 3 months or the Magistrate may order a period of imprisonment with or without hard labour in lieu of a portion of the fine, provided the whole imprisonment do not exceed 6 months.
Evtilemma of
sale and of Intention to export.
Register of
Particolare.
Penaliter.
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