Bolags. (28, 29)
tumband
opiunt mag
he tortened.
1) of 84. d
35;
of 67.
13.)
China fonna aunter
suspicions
elremstances.
11 of 41, 30 d.)
Unclaturd
apine).
fi of s4, 3)
Disposal of turtelted oydum.
Pogression of forfeited opium.
ORDINANCE No. 21 of 1891.
Prepared Opium,
Where practicable, all offences under this section shall be enquired into and adjudicated on by two Magistrates sitting together,
34. All informations to be laid, and all warrants to be issued, and all arrests and seizures to be made under this Ordinance may be had or done on a Sunday as well as on any other day.
Forfeitures.
35. All opium seized with regard to which any breach of this Ordinance, or of any regulation made thereunder, has been committed, together with any implements may be forfeited by the Magistrate and in his discretion adjudged and delivered in whole or part to the farmer.
36. Whenever any seizure of prepared opium is made under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorised person or in any unauthorised place, all raw opium found in the possession of such person, or in such unauthorised place may be seized by any Police or excise officer. If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorised person, or in such unauthorised place, or if any implement within the meaning of this Ordinance be found in possession of such unauthorised person, or in such place, the Magistrate may order such raw opium to be forfeited, and may in his discretion direct that it be delivered to the opium farmer.
37. When any opium or any implement is found without being apparently in the possession of any person, the Magistrate may cause a notice to be affixed at the place where any such opium or implement was found, calling upon the owner thereof to claim the same. If no person shall make such a claim within one week from the affixing of such notice, such opium, or implement shall be forfeited, and may be delivered by the Magistrate in his discretion to the opium farmer.
38. Notwithstanding anything in this Ordinance contained, any opium seized on board of any steamship bound or about to proceed to the ports of Canton or Macao and which does not appear on the manifest of such vessel shall if forfeited by a Magistrate be detained by him until the disposal thereof has been determined by the Governor in Council.
39. Any opium forfeited and detained under the preceding section may be disposed of as the Governor in Council directs; and no Police officer or other person lawfully holding or storing such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 12 or otherwise.
ORDINANCE No. 21 of 1891.
Prepared Opium.
Procedure,
40. The Magistrate may, in his discretion, employ an analyst or other skilled person to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may at his discretion order the payment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.
41. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false, or frivolous and vexatious, it shall be the duty of the Court to impose upon the person bringing such charge a penalty not exceeding that which the defendant would have incurred if convicted upon such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise incurred in respect of his said charge or complaint or of his evidence in support thereof.
42. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 49 to be enforced and levied as hereinafter provided.
43. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opium, implements, or other articles, the seizure whereof is authorised by any of the provisions of this Ordinance, it shall be lawful for the Judges of the said Court and for such Magistrate, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without enquiring into the manner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.
44. Except as hereinafter mentioned, no information laid under the Opium Ordinances 1884 to 1887 or this Ordinance shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged to disclose the name or address of any informer, or to state any matter which might lead to his discovery, and if any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any such informer is named or described, or which might lead to his discovery, the Court or Magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no further.
Vexatious proceedings
(1 of 4, 39.)
Irregularities relating to
articles, &c.
Information not to be
disclosed. Name of informer
to be protected, &c.
503
Bolags. (28, 29)
tumband
opiunt mag
he tortened.
1) of 84. d
35;
of 67.
13.)
China fonna aunter
suspicions
elremstances.
11 of 41, 30 d.)
Unclaturd
apine).
fi of s4, 3)
Disposal of turtelted oydum.
Pogression of forfeited opium.
ORDINANCE No. 21 of 1891.
Prepared Opium,
Where practicable, all offences under this section shall be enquired into and adjudicated on by two Magistrates sitting together,
34. All informations to be laid, and all warrants to be issued, and all arrests and seizures to be made under this Ordinance may be had or done on a Sunday as well as on any other day.
Forfeitures.
35. All opium scized with regard to which any breach of this Ordinance, or of any regulation made thereunder, has been committed, together with any implemouts may be forfeited by the Magistrate and in his discretion adjudged and delivered in whole or part to the farmer.
36. Whenever any seizure of prepared opium is unde under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorised person or in any manthorised place, all raw opium fonnt in the possession of such person, or in such unauthorised place may be seized by any Police or excise officer. If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorised person, or in snch nuauthorised place, or if any implement within the meaning of this Ordinance be found in possession of suck unauthorised persou, or in such place, the Magistrate may order such raw opium to be for- feited, and may in his discretion direct that it be delivered to the opium farmer.
37. When any opium or any implement is found withont being apparently in the possession of any person, the Ma- gistrate may cause a notice to be affixed at the place where any such opiam or implement was found, culling upon the owner thereof to claim the same. If no person shall make such a claim within one week from the affixing of such notice, such opium, or implement shall be forfeited, and may be delivered by the Magistrate in his discretion to the opium farmer.
38. Notwithstanding anything in this Ordinance con- tained, any opium seized nu board of any steamship bound or about to proceed to the ports of Canton or Macao and which does not appear on the manifest of such vessel shall if forfeited by a Magistrate be detained by him until the disposal thereof has been determined by the Governor in Connell.
39. Any opium forfeited and detained under the preceding section may be disposed of as the Governor in Council directs; and no Police officer or other person lawfully hold- ing or storing such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 12 or otherwise.
ORDINANCE No. 21 or 1891.
Prepared Opium.
Procedure,
40. The Magistrate may, in his discretion, employ an Analysis analyst or other skilled porson to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may at his discretion order the pay- ment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.
41. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false, or frivolous ami vexations, it shall be the duty of the Court to imposo upou the person bringing sneh charge a penalty not exceeding that which the defendant would have incurred if convicred upon such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likòwise iu- eurred in respect of his said charge or complaint or of his -evidence in support thereof.
42. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, muy person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 49 to be enforced and levied us hereinafter provided.
43. In any proceedings before a Magistrate or on appeal to the Supreme Court relating to the seizure of any opitum, implements, or other articles, the seizure whereof is authorised by any of the provisions of this Ordinance, is sball bo inwful for the Judges of the said Court and for such Magistrate, and they are hereby respectively required, to proceed in such cases on the merits only, without reference to matters of form and without eupiring into the tanner or form of making any seizure, excepting in so far as the manner and form of seizure may be evidence on such merits.
44. Except as hereinafter mentioned, no information laid under the Opinn Ordinances 1884 to 1887 or this Ordinance shall be admined in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged to disclose the uame or address of any informer, or to state any matter which might lead to his discovery, and if any books, documents or papers which are in evidenco or liable to inspection in any civil or criminal proceeding whatsoever contain any carry in which any such informer is named or described, or which might lead to his discovery, the Court or Magistrate shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery but no But if in any proceedings before a Magistrate for
further.
Vexatious procantinen
* DE ME, 37.)
บร
il propri obtained.
(1 of 4, 39.)
Irmonale relating to
of
articles, &c.
Juformation not whine Juorih,
Name of informer te be
led, re.
503
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