No. 15 of 1897.
An Ordinance to further amend The Prepared Opium Ordinance, 1891,
LS
WILLIAM ROBINSON,
Governor.
[1st September, 1897.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited, for all purposes, as The Prepared Opium (Divans) Ordinance, 1897, and shall be construed as one with Ordinance No. 21 of 1891, (as amended by Ordinance No. 4 of 1894) hereinafter referred to as the principal Ordinance; and the three Ordinances may be cited together as The Prepared Opium Ordinances, 1891 to 1897.
2. In this Ordinance, unless the context otherwise requires, the expression "Opium Divan" shall include any house, room, or other place, used for the smoking of prepared Opium or dross Opium by others than the tenant, his family, and bona fide private guests.
3. No person shall open or carry on any Opium Divan without a valid Licence from the Colonial Secretary,
4. Such Licence shall be in the form set forth in the Schedule to this Ordinance and be subject to the conditions which may be endorsed upon it. It may, at any time, be cancelled by the Colonial Secretary for any failure to comply with the conditions under which it is granted or for any contravention of the requirements of the law, for the time being in force, relating to Opium or for any breach of any of the Regulations, for the time being in force, relating to Opium Divans.
Such cancellation shall not, however, relieve any offender from any penalty incurred under this or any other Ordinance or under any Sanitary Bye-laws or under any of such Regulations.
5. Opium Divans shall be open, at all times, to the inspection of the Opium Farmer, of all Excise Officers, of Officers of the Police not being under the rank of Sergeant and of Officers of the Sanitary Board.
6. Any person who commits any of the following offences shall be liable, upon Summary Conviction, to a fine not exceeding one hundred dollars, or to imprisonment, with or without hard labour, for a period not exceeding three months;
(a) Opens or carries on an Opium Divan without a valid Licence; or
(b) Knowingly permits any person other than an adult male to smoke opium or dross opium in an Opium Divan; or
(c) Knowingly permits or suffers any female, not being the Opium Divan keeper or the wife or child of such keeper or a bona fide member of such keeper's family, to enter or remain in an Opium Divan; or
(d) Knowingly permits any armed person to be in an Opium Divan.
7. It shall be lawful for the Governor in Council, from time to time, to make and, when made, to alter, add to, or revoke Regulations with regard to the licensing, management and classification of Opium Divans and as to the Fees to be paid in respect of such Licences, and to prescribe a scale of pecuniary penalties not exceeding, in each case, twenty-five dollars, for the breach of any of such Regulations. Such Regulations shall not come into force until they are notified in the Gazette and, thereafter, such penalties may be enforced, summarily, before a Magistrate and, on conviction for any breach of such Regulations, the offender shall be liable, in default of payment, to imprisonment, with or without hard labour, for a period not exceeding one month.
Page 105
No. 15 of 1897.
An Ordinance to further ament The Prepared
Opium Ordinance, 1891,
LS
WILLIAM Robissos,
Governor.
[1st September, 1897.]
Be it emetod by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
struction.
1. This Ordinance may be cited, for all purposes, as The Short title Prepared Opium (Divais) Ordinance, 1897, and shall be and won- construed as one with Ordinance No. 21 of 1891, (us amended by Ordinance No. 4 of 1891) hereinafter referred to as the principal Ordinance; and the three Ordinatees may be cited together as The Preparei Opium Ordinances, 1891 to 1897.
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2. In this Ordinance, unless the context otherwise Interpreta- requires, the expression "Opium Divan" shall include any tim. house, room, or other place, used for the smoking of pre- pared Opium or dross Opinn by others than the tenant, his family, and bonâ fide private guests
3. No person shall open or carry on any Opium Divan Opium without a valid Licence from the Colonial Secretary,
Divans to be licensed.
4. Nuch Licence shall be in the form set forth in the Form and Schedule to this Ordinance and be subject to the conditions cancellation which may be endorsed upon it. It may, at any time, be of Licence. cancelled by the Colonial Secretary for any failure to com- ply with the conditions under which it is granted or for any contravention of the requirements of the law, for the time being in force, relating to Opium or for any breach of any of the Regulations, for the time being in force, relating to Opium Divans,
Such cancellation shall not, however, relieve any offender Proviso, from any penalty incurred under this or any other Ondi- nance or under any Sanitary Bye-laws or under any of such Regulations.
5. Opium Divans shall he opeu, at all times, to the ins- Inspection pection of the Opinn Farmer, of all Excise Officers, of of Opium Officers of the Police not being under the rank of Sergeant and of Officers of the Sanitary Board.
Disans.
6. Any person who commits any of the following offences offences shall be liable, upon Summary Conviction, to a fiue not and penalty.
exceeding one hundred dollars, or to imprisonment, with or without hard labour, for a period not execeling three months;→→
(a) Opens or carries on an Opium Divan without a
valid Licence; or
(b) Knowingly permits any person other than an adult male to smoke opium or dross opium in an Opium Divan; or
(e) Knowingly permits or suffers any female, not being the Opinia Divan keeper or the wife or chill of such keeper or a bonû file member of such keep- er's family, to enter or remain in an Opium Divan; or (d) Knowingly permits any armed person to be in an
Opium Divan.
7. It shall be lawful for the Governor in Council, from Regulations. time to time, to make and, when made, to alter, add to, or revoke Regulations with regard to the licensing, manage- ment and classification of Opium Divans and as to the Fees to be paid in respect of such Licences, and to prescribe a scale of pecuniary penalties not exceeding, in each case. wenty-live dollers, for the breach of any of such Regulations. Such Regulations shall unt come into forre until they are notified in the Gazette and, thereafter, such penalties may be enforced, summarily, before a Magistrate and, on con- viction for any breach of such Regulations, the offender shall be liable, in default of payment, to imprisoument, with or without hard labour, for a period not exceeding one mouth,
105
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