ORDINANCE No. 21 of 1891.
Prepared Opium.
Provided that the provisions of section 18 as to fines for breaches of regulations shall apply equally to all breaches of regulations as to the sale or preparation of opium imposed upon the licensees under this section.
16. The Governor in Council may from time to time upon such terms as he may think expedient grant the privilege of collecting dross, and of preparing and dealing in dross opium; and the grantee thereof may grant licences to persons approved by him to collect dross, or to prepare or deal in dross opium, and such licensees when collecting shall carry such badge as the Governor may direct.
17. The Governor in Council may in like manner grant out the privilege of keeping divans for the smoking of opium to any person, and the grantee or grantees of such privilege may issue licences to separate keepers of such divans. The Governor in Council may make such regulations as to the division of opium smoking divans into classes as to him may seem expedient.
18. The Governor in Council may from time to time make, revoke, add to, or alter a scale of fines to be levied for breaches of the regulations under which any privilege is granted under this Ordinance; provided such scale shall not come into effect until the same has been published in the Gazette. Every fine provided by such scale shall be levied in the same manner as the fines imposed by this Ordinance.
19. If the consideration money for any privilege granted under this or any Ordinance hereby repealed, or any instalment thereof, be not paid within one month next after the day appointed for the payment thereof, the said privilege shall become null and void, and, over and above all other liabilities under this Ordinance or any Ordinance hereby repealed, or any conditions of such privilege, the farmer shall be liable to make good to the Governor all losses or expenses incurred by reason of such default in payment, or by reason of any resale or regrant of such privilege which the Governor in Council may thereupon make, and to make which he is hereby authorised.
Transfer of Farm. Arbitration.
20. Every opium farmer shall, one month before his privilege expires, give public notice, in the form of schedule C, that such privilege is to expire on the day named in such notice, which shall be the last day of his exclusive privilege, and that no prepared opium purchased from such farmer, or from any licensee of such farmer, can be used without the consent of the new farmer after noon of the third day next after such date. Such notice shall be printed in English and Chinese, and the farmer shall supply copies thereof to all persons licensed by him under this Ordinance, and every such licensed person shall exhibit such notice in the place where he sells prepared opium, in a conspicuous position, so as to be plainly visible to every person entering such place.
21. The opium farmer shall not during the three months preceding the end of his term, prepare more than the usual quantity of opium, and neither he nor his licensees shall during such three months sell any prepared opium at less than the average current prices of the day, or in greater quantities than is usual at the time of year, and at the end of his term such farmer or his licensees shall not sell, export or otherwise make away with or dispose of any of his or their stock of prepared opium, but shall make over to the incoming farmer the full and complete stock of raw or prepared opium then in their possession, at the marketable value thereof together with all furniture, fittings and implements used in or about the opium farmer's premises for the purposes of his privilege and the incoming farmer shall be bound to take over and pay for the same accordingly.
22. All licensees of the Governor in Council under section 15, when there is no opium farmer, shall, during the last three months of the period of their licences, be subject to such restrictions as to the quantities of opium they shall prepare and sell as the Governor in Council may from time to time determine.
23. In the event of any difference arising between the incoming and out-going opium farmers as to the quantities of prepared opium produced or sold during the last three months of the term, and the value of the same, or as to the nature and quantity of the raw or prepared opium so to be purchased or made over, or the values thereof, or as to the value of the furniture, fittings and implements aforesaid, such difference shall be determined by three arbitrators, one to be appointed by the new farmer, one by the out-going farmer, and one by the Governor. The award of such arbitrators, or of a majority of them, shall be final, and the arbitration or such other settlement shall be held at such time after the end of the term of the out-going farmer as may seem reasonable to the Governor. Any award made may be filed in Court pursuant to the Hongkong Code of Civil Procedure.
24. The majority of the arbitrators may determine, and are hereby empowered to decide in each particular case, what are usual quantities of prepared opium within the meaning of this Ordinance.
25. In case either the out-going or incoming opium farmer fails to appoint an arbitrator within ten days from his receiving notice from the Governor so to do, the other farmer may appoint an arbitrator on his behalf, and the arbitrator or arbitrators so appointed shall act as if he or they had been appointed by both farmers.
Page 501
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ORDINANCE No. 21 or 1891.
Prepared Opium.
Provided that the provisions of section 18 as to fines for breaches of regulations shall apply equally to all breaches of regulations as to the sale or preparation of opinm imposed upon the licensees ander this section.
16. The Governor in Council may from time to time upon such terins as he may think expedient grant the privilege of collecting dross, and of preparing and dealing in dross opium; and the grantee thereof may grant licences to persons approved by him to collect dross, or to prepare or deal in dross opinn and such licensees when collecting shall carry such badge as the Governor may direct.
17. The Governor in Council may in like manner grant out the privilege of keeping divans for the smoking of opium to any person, and the grautec or grautees of such privilege may issue licences to separate keepers of such divans. The Governor in Council may make such regulations as to the division of opinn smoking divans into classes as to him may seem expedient.
18. The Governor in Council may from time to time make, revoke, add to, or alter a scale of fines to be levied for breaches of the regulations under which any privilege is granted under this Ordinance; provided such scale shall not come into effect until the same has been published in the Gazette. Every fine provided by such scale shall be levied in the same manner as the fines imposed by this Ordinance.
19. If the consideration money for any privilege granted under this or any Ordinance hereby repeated, or any insint- ment thereof, be not paid within one mouth next after the day appointed for the payment thereof, the said privilege shall become null and void, and, over and above all other liabilities under this Ordinance or any Ordinance hereby repealed, or any conditions of such privilege, the farmer shall be liable to make good to the Governor all losses or expenses incurred by reason of such default in payment, or by reason of any resale or regrant of such privilege which the Governor in Council may thereupon make, and to make which he is hereby authorised.
Transfer af Farm. Arbitration.
20. Every opium farmer shall, one mouth before his pri- vilege expires, give public notice, in the form of schedule C. that such privilege is to expire on the day named in such notice, which shall be the last day of his exclusive privi- lege, and that no prepared opium purchased from such farmer, or from any licensee of such farmer, can be used without the consent of the new farmer after noon of the third day next after snch date. Such notice shall be print- ed in English and Chiueso, and the farmer shall supply
ORDINANCE No. 21 of 1891.
Prepared Opium.
copies thereof to all persons licensed by him under this Ordinance, and every such licensed person shall exhibit such notice in the place where he sells prepared opium, in a conspicuous position, so as to be plainly visible to every person entering such place.
21. The opium farmer shall not during the three months proceding the end of his term, prepare more than the usual quantity of opium, and neither he nor his licensees sball during such three months sell any prepared opinm at less than the average current prices of the day, or in greater quantities than is usual at the time of year, and at the end of his term such farmer or bis licensees shall not sell, ex- port or otherwise make away with or dispose of any of his or their stock of prepared opina, but shall make over to the incoming farmer the full and complete stock of raw or prepared opium then in their possession, at the marketable value thereof together with all furniture, fittings and implo ments used in or about the opium farmer's premises for the purposes of his privilege and the incoming farmer shall be bound to take over and pay for the same accordingly.
22. All licensees of the Governor in Council under sec- tion 15, when there is no opium farmer, shall, during the last three months of the period of their licences, be subject to such restrictions as to the quantities of opium they shall prepare and sell as the Governor in Comeil may from time to time determine.
23. In the event of any difference arising between the incoming and out-going opium farmers as to the quantities of prepared opium produced or sold during the last three months of the terra, and the value of the same, or as to the nature and quantity of the raw or prepared opium so to be purchased or maile over, or the values thereof, or as to the value of the furniture, fittings and implements aforesaid sneh difference shall be determined by three arbitrators, one to be appointed by the new farmer, one by the out-going farmer, and one by the Governor. The award of such ar- bitratore, or of a majority of them, shall be final, and the arbitration or such other settlement shall be held at such time after the end of the torm of the out-going farmer as may seem reasonable to the Governor. Any award made may be filed in Court pursuant to the Hongkong Code of Civil Procedure.
24. The majority of the arbitrators may determine, aud are hereby empowered to docide in each particular case, what are usual quantities of prepared opium within the meaning of this Ordinance.
25. In case either the out-going or incoming opium farmer fails to appoint an arbitrator within ten days front his receiving notice from the Governor so to do, the other
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