Unlicensed preparation,
41 of 54, 8.)
Culicmused divany. Kir»^ &
Sale of
prepared
epica.
CT 84, 16.)
Certificate.
ORDINANCE No. 21 of 1891.
Prepared Opium.
excess of two taels weight, upon giving notice thereof to the dross farmer, the dross farmer shall purchase the same at a fair and reasonable rate.
10. (1.) No person except the opium farmer shall within the Colony prepare opium.
(2.) No person except the opium farmer and any duly licensed person under this Ordinance shall sell or offer or expose for sale any prepared opium. (3.) No person except the dross farmer and any duly licensed person under this Ordinance shall deal in or prepare dross opium. Provided that no medical practitioner, chemist or druggist, not being a Chinese, or being such and having a European or American diploma, shall be prevented from preparing or selling opium bona fide for medicinal purposes and provided that no trader in opium shall be prevented from bona fide testing samples of opium obtained in accordance with the provisions of Ordinance No. 22 of 1887 or any Ordinance amending the same and keeping the same for the purposes of his trade the burden of proof whereof shall in each case be upon any person alleging the same in his defence.
11. (1) No person shall open or carry on any divan or other place for the smoking of opium or dross opium without a licence in such form and upon such conditions as may be approved by the Governor in Council.
(2.) All licensed divans shall be open to the inspection of the Opium Farmer and all Excise Officers at all times of night and day.
12. (1.) Every person selling prepared opium, not being dross opium, shall deliver therewith a certificate in Chinese or English in such form as the Governor may from time to time approve, specifying the date of the sale, the name of the purchaser, and the quantity sold. Such certificate shall be issued from books provided with counterfoils, and both the certificates and the counterfoils shall bear corresponding and consecutive printed numbers. The certificates shall be stamped by the seller with the stamp used by him in carrying on his business, and shall be evidence of the facts therein stated, and shall not be transferable.
(2.) If any person is charged with the possession of prepared opium without a valid certificate, he shall not be entitled to produce or put in evidence or cause to be produced or put in evidence any certificate, as covering the opium in respect of which he is charged, prior in date to the last certificate granted to him, unless he has received permission from the opium farmer to keep or store opium, which permission shall appear on the certificate produced or put in evidence.
(3.) Where there is no opium farmer the certificate shall be in the Form B. in the schedule hereto,
13. No certificate so granted by the opium farmer or by any licensee under him shall be valid after noon of the third day from the date of the expiration of such opium farmer's privilege.
Farms.
14. (1.) The Governor in Council may grant to any person, for such considerations and upon such conditions, and for such periods, and in such form as from time to time may be determined by the Governor in Council, the sole privilege of preparing opium, and of selling within the Colony opium so prepared, and either inclusive or exclusive of the privileges mentioned in sections 16 and 17. Such privilege may from time to time be offered for sale either by sealed tender or at public auction, and the time for sending in such tenders or of holding such auction shall be previously notified in the Gazette in English and Chinese and by advertisement in one or more daily newspapers.
(2.) The Governor in Council may also grant to any person the like privilege as aforesaid by private contract if it shall appear desirable in the interests of the Colony.
(3.) The accepted bidder for or the grantee of such privilege, before he shall become entitled to the benefit thereof shall give such security as the Governor in Council may require for the due performance of the conditions of such privilege and of his stipulations or agreement in respect thereof.
(4) The Opium Farmer shall in all cases keep a proper register or record of all opium supplied to him, and shall give such details as to its disposal as the Governor may require,
15. (1.) The opium farmer may in his discretion grant licences to suitable persons authorising them to sell prepared opium, but subject to such conditions as shall from time to time be approved by the Governor in Council.
(2.) Where there is no opium farmer the Governor in Council may in his discretion grant licences to suitable persons authorising them to prepare and sell opium upon such conditions as shall from time to time be approved by the Governor in Council.
In of
artisante.
1 of 81, 17.)
Opium term
(1 of 64, 5.
Opium
farmer's licensees
(1 of 34, 15)
500
:
Unlicensed preparation,
41 of 54, 8.)
Culicmused divany. Kir»^ &
Sale of
prepared
epica.
CT 84, 16.)
Certificate.
ORDINANCE No. 21 or 1891.
Prepared Opium.
excess of two tuels weight, upon giving notice thereof to the dross farmer, the dross farmer shall purchase the same at a fair and reason -
able rate.
10. (1.) No person except the opium farmer shall within
the Colony prepare opium.
(2.) No person except the opinm farmer and any duly licensed person under this Ordinance shall sell or offer or expose for sale any prepared opium. (3.) No person except the dross farmer and any duly licensed person under this Ordinance shall deal in or prepare dross opium. Provided that no medical practitioner, chemist or druggist, not being a Chinese, or being such and having a European or American diploma, shall be prevented from preparing or selling opium Zona fide for medicinal purposes and provided tlint no trader in opium shall be prevented from bona fide testing samples of opium obtained in accordance with the provisious of Ordinance No. 22 of 1887 or any Ordinance amending the same and keeping the same for the purposes of his trade the burden of proof whereof shall in each case be upon any person alleging the same in his defence.
11. (1) No person shall open or carry on any divan or other place for the smoking of opium or dross opium without a licence in such form and upon such conditions as may be approved by the Governor in Conneil.
(2.) All licensed divans shall be open to the inspection of the Opium Farmer and all Excise Officers at all times of night and day.
12. (1.) Every person selling prepared opium, not being dross opimo, sinull deliver therewith a cortificate in Chinese or English in such form as the Gov- ernor may from time to time approve, specifying the date of the sale, the uamo of the purchaser, and the quantity sold. Such certificate shall be issued from books provided with counterfoils, and both the certificates and the counterfoils shall bear corresponding and consecutive printed numbers. The certificates shall be stamped by the seller with the stamp used by him in carry- ing on his business, and shall be evidence of the facts therein stated, and shall not be trans- ferable.
(2.) If any person is charged with the possession of prepared opiam without a valid certificate, be shall not be entitled to produce or pat in evidence or cause to be produced or put in evidence any certificate, as covering the opium in respect of which he is charged, prior in date to the last
ORDINANCE No. 21 or 1891.
Prepared Opium,
certificate granted to him, unless he has received permission from the opium farmer to keep or store opium, which permission shall appear on the certificate produced or put in evidence. (3.) Where there is no opium farmer the certificate
shall be in the Form B. in the schedule herato,
13. No certificate so granted by the opium farmer or by any licensee under him shall be valid after noon of the third day from the date of the expiration of such opium farmer's privilege.
Farms.
14. (1.) The Governor in Council may great to any persou, for such considerations and upon such conditions, and for such periods, and in such form as from time to time may be determined by the Governor in Council, the sole privilege of preparing opium, and of selling within the Colony opium so prepared, and either inclusive or exclusive of the privileges mentioned in sections 16 and 17. Such privilege way from time to time be offered for sale either by sealed tender or at publie auction, and the time for sending in such tenders or of holding such anetiou shall be previously notified in the Gazette in English and Chinese and by alvertisement in one or more daily newspapers.
(2.) The Governor in Commeil may also grant to any person the like privilege as aforesaid by private contract if it shall appear desirable in the interests of the Colony.
(3.) The accepted bidder for or the grantee of such pri- vilege, before he shall become entitled to the benefit thereof shall give such security as the Governor in Council may require for the due performance of the conditions of such privilege and of his stipulations or agreement in respect thereof.
(4) The Opium Farmer shall in all cases keep a proper register or record of all opinus supplied to him, and shall give such details as to its disposal as the Governor may require,
15. (1.) The opium farmer may in his discretion grant licences to saitable persons authorising them to sell prepared opium, but subject to such conditions as shall from time to time be ap- proved by the Governor in Council.
(2.) Where there is no opium farmer the Governor in Council may in his discretion grant licences to suitable porsous authorising them to prepare and sell opium upon such conditions as shall from time to time be upproved by the Governor in Council.
In of
artisante.
1 of 81, 17.)
Opium term
(1 of 64. 5.
Oplam
farmer'e licenseet
(1 of 34, 15)
500
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