Register to be kept by Licensees
7. It shall be the duty of 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 one thousand dollars and the forfeiture of the Opium or in default imprisonment with or without hard labour for a period not exceeding three 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 does not exceed six months; and notwithstanding the penalty for the breach of conditions to which licensees are subject, it shall be lawful for a Magistrate to impose on a Licensee a penalty not exceeding five hundred dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond.
9. Every person importing into the Colony any Opium shall forthwith report the same to an Officer to be appointed by the Governor to be named the Superintendent of Imports and Exports, hereinafter called the Superintendent, giving the number of chests, and shall, before landing such Opium or any part thereof, send or cause to be sent to such Superintendent a requisition in the form of Schedule A giving the particulars therein required, whereupon the Superintendent shall furnish a permit in the form of Schedule B authorising the Opium to be landed and stored, and such permit shall be exhibited to the Opium Farmer or his Agent and shall be signed by him or his Agent and shall not be used or acted upon until it is so signed.
10. Every person moving Opium for exportation in chests shall, before doing so, send to the Superintendent a requisition in form of Schedule C furnishing the particulars therein required, whereupon the Superintendent shall grant an export permit in the form of Schedule D authorising the said Opium to be exported. The owner or shipper shall cause such permit to be exhibited to the Opium Farmer or his Agent, and such permit shall be signed by him or his Agent, and shall not be used or acted upon until it is so signed.
11. Every person moving a chest or chests of Opium from one place to another within the Colony or transhipping such chest or chests within the waters thereof shall before doing so, furnish to the Superintendent a requisition properly filled up in the form of Schedule E, whereupon the Superintendent shall furnish a permit in the form of Schedule F authorising the transhipment or removal of the said Opium, which permit shall be exhibited to the Opium Farmer or his Agent, and shall be signed by him or his Agent, and shall not be used or acted upon until it has been so signed.
12. In the event of the arrival at or departure from the Colony of any steamer carrying Opium when the Superintendent's Office is closed or may be closed before application for a permit can be made, it shall be lawful for the Agent of such steamer to land or ship any Opium without a permit, and to deliver any Opium so landed to the owner or consignees thereof, or to keep the same in his own custody, but so soon thereafter as the Superintendent's Office is opened the said Agent shall apply for the necessary permit, and furnish the particulars requisite.
13. Any person offending against or not complying with any of the provisions of sections 9, 10, 11, 12 shall be liable on conviction to a penalty not exceeding five hundred dollars, and any Opium imported or exported or stored or moved or attempted to be imported or exported or stored or moved contrary to the provisions of the foregoing sections shall be seized and may be forfeited.
14. Every importer of Opium shall keep a Register showing the number of chests imported by him and how and to whom it was disposed of. Marks and Government numbers in the case of the Bengal drug shall be given, and such other marks or numbers in the case of other sorts of Opium as the Superintendent may require to be placed upon it. Every offence for non-compliance with the requirements of this section shall be punishable with a fine not exceeding five hundred dollars.
15. No junk or other Chinese craft, whether licensed or not, shall leave her anchorage, unless the safety of the vessel (through stress of weather) shall render it necessary, between the hours of 6 P.M. and 6 A.M. from October to March inclusive, nor between the hours of 7 P.M. and 5 A.M. from April to September inclusive, under a penalty, on conviction before two Stipendiary Magistrates, not exceeding five hundred dollars, or the forfeiture of junk and cargo. Special Permits or Night Clearances hitherto grantable under Ordinance 8 of 1879, section 38, sub-sections 8 and 9 shall be no longer allowed, except in the case of Hongkong specially licensed fishing boats.
16. On the coming into operation of this Ordinance, every person having in his possession, custody, or control any Opium within the Colony or its waters shall furnish to the Superintendent an account of all such Opium, and in case of chests the numbers and marks on such chests, and the Superintendent or his deputy shall be at liberty at any time, and as often as he shall think fit, to demand in writing from every person having any Opium in his possession, custody, or control, an account in writing of the Opium so held at the time of such demand, and in case of chests the marks and numbers, and the said Superintendent or his deputy shall be at liberty at any time, to enter the premises where such Opium is, and to inspect the same, and any person refusing to give such account, or without reasonable cause shown to permit such entry, or giving a false or incorrect account shall be liable, on conviction, to a penalty not exceeding five hundred dollars, in addition to any other penalty which may be recoverable under the terms and conditions of section 4 of this Ordinance.
17. If any Opium is found, on search authorised under this Ordinance, to have been imported contrary to the provisions of this Ordinance, or to be missing from the place in which it was stored on importation, or from the place where, according to the permits, it ought to be found stored, the person in whose possession such Opium so imported may be found, or in whose name such Opium so missing shall have been so stored, shall be liable, on conviction, to a penalty not exceeding five hundred dollars for every chest of Opium which shall be found to have been so imported, or to be so missing.
18. If the Opium Farmer shall neglect or refuse, or shall without sufficient cause unreasonably delay to do any of the acts or things hereinbefore provided and required to be done by him, he shall be liable to a penalty for each such offence not exceeding five hundred dollars.
19. Every person who shall under the provisions of this Ordinance make any application, or supply any particulars, Return, or Account, or other written Statement required by this Ordinance to be made or supplied, shall sign the same himself, unless he be absent from the Colony or unable, from sickness, to attend to business, in which case the same may be signed by his Agent for him; and if any such application, particulars, Return, Account, or other Statement shall be false or incorrect, either in whole or in part, to the knowledge of the person so making or supplying the same, whether the same be signed by himself or by his Agent, such person shall, in every case not otherwise provided for by this Ordinance, be liable on conviction to a penalty not exceeding one thousand dollars for the first offence, and two thousand for every subsequent offence: and such Agent shall also and in like manner if offending be liable to penalties of the like amount.
20. Any Justice of the Peace may, by his warrant directed to any Police Officer, not under the rank of a Sergeant, empower him by day or by night to enter and search any dwelling house, shop, or other building or place, or any ship not being a man-of-war or ship having such status, lying or being within the waters of the Colony, in any case in which it shall appear to such Justice of the Peace, upon the oath of any person, that there is good and sufficient cause to believe that in any such dwelling house, shop, or other building or place, or on board any such ship is concealed or deposited any Opium subject to forfeiture under this Ordinance, or as to which an offence has been committed against any of the provisions of this Ordinance, and to take possession of any such Opium found to be concealed, or deposited therein, and of the ship in which the same may be.
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7. It shall be the duty of 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 one thousand dollars and the for- feiture of the Opium or in default imprisonment with or without bard labour for a period not exceeding three months, or the Magistrate may order a period of imprisonment with or without hard labour in lieu of a portion of the fine, pro- vided the whole imprisonment do not exceed six months; and notwithstanding the penalty for the breach of condi- tions to which licensees are subject, it shall be lawful for a Magistrate to impose on a Licensee a penalty not exceeding five hundred dollars for a breach of any such conditions iu case it may not he doomed advisable to proceed for the fall penalty under the licensee's bond.
9. Every person importing into the Colony any Opium shall forthwith report the same to an Officer to be appointed by the Governor to be named the Superintendent of Imports and Exports, hereinafter called the Superintendent, giving the number of chests, and shall, before landing such Opium or any part thereof, send or cause to be sent to such Superintendent a requisition in the form of Schedule giving the particulars therein required, whereupon the Superintendent shall furnish a permit in the form of Schodate B authorising the Opium to be lauded and stored, and such permit shall be exhibited to the Opium Farmer or his Agent and shall be signed by him or his Agent and shall not be used or acted upon until it is so signed.
10. Every person moving Opium for exportation in chests shall, before doing so, send to the Superintendent a requisition in form of Schedule C furnishing the partienlars therein required, whereupon the Superintendent shall grant an export permit in the form of Schedule D authorising the said Opium to be exported. The owner or shipper shall canso such permit to be exhibited to the Opium Farmer or his Agent, and such permit shall be signed by him or his Agent, and shall not be used or acted upon until it is so signed.
11. Every person moving a chest or chests of Opinn from one place to another within the Colony or transhipping such chest or chests within the waters thereof shall before doing so, furnish to the Superintendent a requisition pro- perly filled up in the form of Schedule E, whereupon the Superintendent shall furnish a permit in the form of Schedule Fauthorising the transhipment or removal of the said Opium, which permit shall be exhibited to the Opium Farmer or his Agent, and shall be signed by hi or his agent, and shall not be used or neted upon until it has been so signed.
12. Ju the event of the arrival at or departure from the Colony of any steamer carrying Opium when the Superin- tendent's Office is closed or may be closed before application for a permit can be made, it shall be lawful for the Agent of such steamer to land or ship any Opium without a permit, and to deliver any Opium so landed to the owner or eon- signees thereof, or to keep the same in his own custody, Init so soon thereafter as the Superintendent's Office is opened the said Agent shall apply for the necessary permit, and furnish the particulars requisite.
13. Any person offending against or not complying with any of the provisions of sections 9, 10, 11, 12 shall be liable on conviction to a penalty not exceeding five hundred dollars, and any Opiim imported or exported or stored or moved or attempted to be imported or exported or stored or moved contrary to the provisions of the foregoing see- tions shall be seized and may be forfeited.
14. Every importer of Opium shall keep a Register showing the number of chests imported by him and how and to whom it was disposed of. Marks and Government numbers in the case of the Bengal drug shall be given, and such other marks or numbers in the case of other sorts of Opinn as the Superintendent may require to be placed upon it.
Every offence for non-compliance with the requirements of this section shall be punishable with a fine not exceeding
five hundred dollars. ·
15. No junk or other Chinose eraft, whether licensed or not, slad lonvo ber auchorage, uutoss the safety of the vessel (through stress of weather) shall render it necessary, between the hours of 6 P.M. and 6 A.M. from October to March inclusive, nor between the hours of 7 P.M. and 5 A.M. from April to September inclusive, under a penalty, on conviction before two Stipendiary Magistrates, not exceed- ing five hundred dollars, or the forfeiture of junk and cargo. Special Permits or Night Clearances hitherto grantable noder Ordinance 8 of 1879, section 38, sub-sections 8 and 9 shall be no longer allowed, except in the case of Hongkong specially licensed fishing boats.
16. On the coming into operation of this Ordinance, every person having in his possession, custody, or control any Opium within the Colony or its waters shall furnish to the Superintendent an account of all such Opium, and in case of chests the numbers and marks on such chests, and the Superintendent or his deputy shall be at liberty at any time, and as often as he shall think fit, to demand in writing from every person having any Opium in his possession, eustody, or control, an account in writing of the Opinn so held at the time of such demand, and in case of chests the marks and numbers, mud the said Superin- tendent or his deputy shall be at liberty at any time, to enter the premises where such Opiuni is, and to inspect the same, and any person refusing to give such account, or without reasonable causo shewn to permit such entry, or giving a false or incorrect account shall be liable, on con- viction, to a penalty not exceeding five hundred dollars, in addition to any other penalty which may be recoverable der the terms and conditions of section 4 of this Ordinance.
17. If any Opium is found, ou search authorised under this Ordinance, to have been imported contrary to the pro- visions of this Ordinance, or to be missing from the place in which it was stored on importation, or from the place where, according to the permits, it ought to be found stored, the person in whose possession such Opium so imported may be found, or in whose name such Opium so missing shall have been so stored, shall be liable, on conviction, to a penalty not exceeding fire hundred dollars for every ehest of Opium which shall be found to have been so iu- ported, or to be so missing.
18. If the Opium Farmer shall neglect or refuse, or shall without suficient canso unreasonably delay to do any of the acts or things hereinbefore provided ant required to be done by him, he shall be liable to a ponalty for each such offence not exceeding five hundred dollars.
19. Every person who shall under the provisions of this Ordinance make any application, or supply any particulars, Return, or Aecomit, or other written Statement required by this Ordinance to be made or supplied, shall sign the same himself, unless he be absent from the Colony or unable, from sickness, to attend to business, in which case the same may bo signed by his Agent for him; and if any such application, particulars, Return, Account, or other Statemout shall be false or incorrect, either in whole or in part, to the knowledge of the person so making or supplying the same, whether the same be signed by himself or by his Agent, such person shall, in every case not otherwise provided for by this Ordinance, be liable on conviction to a penalty not exceeding one thousand dollars for the first offence, and two thousand for every subsequent offenco: and such Ageut shall also and in like manner if offending be liable to penalties of the like
amount.
20. Any Justice of the Peace may, by his warrant directed to any Police Officer, not under the rank of a Sor- geant, empower him by day or by night to enter and search any dwelling house, shop, or other building or place, or any ship not being a man-of-war or ship having such status, lying or being within the waters of the Colony, in any case in which it shall appear to such Justice of the Peace, upon the oath of any person, that there is good and sufficient cause to believe that in any such dwelling house, shop, or other, building or place, or on board any such ship is con- cealed or deposited any Opium subject to forfeiture under this Ordinance, or as to which an offence has heen com- mitted against any of the provisions of this Ordinauce, and to take possession of any such Opium found to be concealed, or deposital therein, and of the ship in which the same may
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41
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