513
(13)
1.-Report of Case tried before Mr. E. Robinson.
POLICE COURT.
18th September.
THE CANTON STEAMERS AND THE OPIUM SMUGGLING TRADE.
Captain Lefavour, of the Hongkong, Canton, and Macao Steamboat Co.'s steamer Honam, was charged with an offence under the Opium Ordinance. Mr. Webber appeared to prosecute on behalf of the Opium Farmer, and Mr. Francis, Q.C., appeared for the defence.
Mr. Webber said he proposed in this case to make three distinct charges against the defendant, first, with having prepared Opium in his possession without a valid certificate from the Opium Farmer, contrary to section 2 of Ordinance of 1884; second, that he obstructed the excise officer when about to make a search of the ship under section 27; and third, with acting as an excise officer without lawful authority, contrary to section 5. The facts were as follows. On Thursday, 12th inst., about 8 p.m., the Opium Farmer, in consequence of information he had received, instructed the chief excise officer, Mr. Spooner, to go on board the defendant's ship, the Honam, which was then lying alongside the Hongkong, Canton and Macao Steamboat Co.'s wharf. The chief excise officer went on board, and the first person he met was the chief officer. He said "You have prepared Opium on board this ship." Some conversation took place and Mr. Spooner was eventually referred to the Captain, to whom he said, "You have prepared Opium on board your ship and I want it." The Captain most distinctly refused to give the Opium up and also challenged him to search his ship. The chief excise officer was accompanied by five other officers, and as there might have been a breach of the peace he took the precaution to send for a policeman. A constable arrived, but as his powers were not sufficiently large it was thought fit to send for an Inspector. There was some little delay and eventually Sergt. Baker arrived. The Captain still refused to deliver up the Opium, for the reason, he (Mr. Webber) thought he was justified in saying, that he thought it would be better to take it to Canton. The chief excise officer then, in order to convince the Captain of his wrong doing, sent for a copy of the Opium Ordinance, and then Sergt. Baker at considerable length explained to the Captain the provisions of that Ordinance. The Captain went into his long chair, became once more comfortable, and nothing more was said until about a quarter to twelve, when the Captain, after due consideration of his position, sent to the chief excise officer, who had remained on board, and ordered the Opium to be given up. The Opium, consisting of twenty-four tins, was then delivered to the chief excise officer, and was by him handed to the police, and the following morning the chief excise officer caused this summons to be taken out. If the facts he had stated were borne out the Captain was liable, under the sections he had mentioned, to whatever penalty his Worship might think fit to impose, but the Opium Farmer had given him instructions to say he did not wish that Captain Lefavour should be mulcted in any heavy penalty. The Opium Farmer only wanted to be satisfied his officers had a right to search these ships, and that a Captain, no matter to what line his ship belonged, had no right to take custody or control of any Opium, but should at once hand it over to the proper officers. They had therefore no wish to inflict any heavy penalty on Captain Lefavour, although he was perhaps not one of those Captains who had any right to claim leniency at their hands.
J. J. Spooner, chief excise officer, said—I received instructions from the Opium Farmer to take out this summons. From information I received on Thursday I went on board the Honam about 9 p.m. My information was that there was
513
(13)
1.-Report of Case tried before Mr. E. Robinson.
POLICE COURT.
18th September.
THE CANTON STEAMERS AND THE OPIUM SMUGGLING TRADE.
Captain Lefavour, of the Hongkong, Canton, and Macao Steamboat Co.'s steamer Honam, was charged with an offence under the Opium Ordinance. Mr. Webber appeared to prosecute on behalf of the Opium Farmer, and Mr. Francis, Q.C., appeared for the defence.
G
Mr. Webber said he proposed in this case to make three distinct charges against the defendant, first, with having prepared Opium in his possession without a valid certificate from the Opium Farner, contrary to section 2 of Ordinance, of 1884; second, that he obstructed the excise officer when about to make a search of the ship under section 27; and third, with acting as an excise officer without lawful authority, contrary to section 5. The facts were as follows. On Thursday, 12th inst., about 8 p.m., the Opium Farmer, in consequence of information he had reccived, instructed the chief excise officer, Mr. Spooner, to go on board the defend- ant's ship, the Honum, which was then lying alongside the Hongkong, Canton and Macao Steamboat Co.'s wharf. The chief excise officer went on board, and the first person he met was the chief officer. He said "You have prepared Opium on board this ship." Some conversation took place and Mr. Spooner was event- ually referred to the Captain, to whom he said, You have prepared Opium on board your ship and I want it." The Captain most distinctly refused to give the Opium up and also challenged him to search his ship. The chief excise officer was accompanied by five other officers, and as there might have been a breach of the peace he took the precaution to send for a policeman. A constable arrived, but as his powers were not sufficiently large it was thought fit to send for an Inspector. There was some little delay and eventually Sergt. Baker arrived. The Captain still refused to deliver up the Opium, for the reason, he (Mr. Webber) thought he was justified in saying, that he thought it would be better to take it to Canton. The chief excise officer then, in order to convince the Captain of his wrong doing, sent for a copy of the Opium Ordinance, and then Sergt. Baker at considerable length explained to the Captain the provisions of that Ordinance. The Captain went into his long chair, became once more confortable, and nothing more was said until about a quarter to twelve, when the Captain, after due consideration of his position, sent to the chief excise officer, who had remained on board, and ordered the Opium to be given up. The Opium, consisting of twenty-four tins, was then delivered to the chief excise officer, and was by him handed to the police, and the following morning the chief excise officer caused this summons to be taken out, If the facts he had stated were borne out the Captain was liable, under the sections he had mentioned, to whatever penalty his Worship night think fit to impose, but the Opium Farner had given him instructions to say he did not wish that Captain Lefavour should be mulcted in any heavy penalty. The Opium Farmer only wanted to be satisfied his officers had a right to search these ships, and that a Captain, no matter to what line his ship belonged, had no right to take custody or control of any Opium, but should at once hand it over to the proper officers. They bad therefore no wish to inflict any heavy penalty on Captain Lefavour, although he was perhaps not one of those Captains who had any right to claim leniency at their hands.
J. J. Spooner, chief excise officer, said-1 received instructions from the Opium Farmer to take out this summons. From information I received on Thurs- day I went on board the Honam about 9 p... My information was that there was
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