CO129-386 - Public Offices & Others - 1911 — Page 419

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

Penalty for compromising offences un- der this

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36. The Farmer shall not either by himself or by the means of any other person take from any person or on account of any person who may have committed or may be suspected of or charged with having Proclamation, committed a breach of any of the provisions of this Proclamation duy sum of money or any goods or chaitels or other consideration whatso- ever as a compromise reward or payment for not prosecuting such person,

Printed no-

tice of expira to be exposed

tion of farm

and to be ex- hibited at Farm shop.

Bre

37. (1)The Farner shall one mouth before the end of his termi of exclusive rights give public notice in the form I in the Second Schedule hereto that the said term is to expire on the day named in such notice which shall be the last day of his exclusive rights and that no opium or chandu purchased from him or from any Farm shop-keeper can be used without the consent of the new Farmer after noon of the third day next after such dute.

(2)--Such notice shall be printed in the English, Chinese and Malay languages and the Farmer shall supply copies thereof to every Farm shop-keeper who shall exhibit the notice in his Farm shop in a conspicuous place so as to be plainly visible to every person entering such Farm Shop.

Levy of fines

38. Every five imposed on the Farmer under the provisions of this against Facu- Proclamation if not paid at the Conrt when the same may be imposed may he recovered by the immediate sale of any property mortgaged pledged or deposited with Government by the Farmer and his sureties under the Farmer's Contract with Government.

Governor for appoint Li- censing Off-

cers.

Warrant of

of Revenue

Officers.

39. An Officer herein referred to as "the Licensing Officer" shail be appointed by the Governor for each District for the purpose of grant- ing licenses for Farm Shops,

40. (1)—The Licensing Officer at each of the Districts may grant appointment his warrant in form in the Second Schedule hereto to such agents or servants of the Opium Farmer as may be approved of by the said Licensing Officer to act as Revenue Officers at the District in which they may be appointed; and no person except those so appointed and except Police Officers shall be competent to net as Revenue Officers under this Proclamation.

Namor and residences to be published.

Badges to b supplied.

Production of before acting.

Police ofli- cers' badge.

To be public servants.

False return and state.

ments.

(2)-Such warrants may at any time be withdrawn by the läcens- ing Officer with the sanetion of the Governor.

(3)-Every Police Officer shall have all the powers and authority

of a Revenue Officer under this Proclamation.

(4)-Any person other than a Police Officer assuming to act as a Reveine Officer under this Proclamation and not holding a warrant as such shall be liable to a fine not exceeding one hundred dollars.

41. The names and places of residence of every Revenne Officer so appointed at any District shall be posted in a conspicuous place at the Chief Police Court of the District.

42. Every Revenue Officer appointed under this Proclamation shall be supplied at the expense of the Farmer with a badge bearing such sign or mark of office as may be directed by the Licensing Officer with the approval of the Governor and before acting against any person under this Proclamation every such Revenue Officer shall declare his office and produce to the person against whom he is about to act his said badge. Every Police Officer acting nuder the provision of this Proclamation if not in uniform shall in like manner declare his office aud produce to the person against whom he is about to act such part of his public equipment as the Chief Police Officer may direct to be carried by Police Officers when employed on secret or special service.

43. Ail Revenue Officers appointed under this Proclamation shall be deemed to be public servants within the meaning of the Penal Code.

44. Every person who shall deliver any requisition return account or other written statement required by this Proclamation to be made or delivered shall sign the same himself unless he be absent from the Dis- trict or unable from sickness to attend to business in which case the same may be signed by his agent for him; and if any such application requisition return account or other statement shall be false or incorrect

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either in whole or in part to the knowledge of the person so making delivering or supplying the same whether the same be signed by him- self or by his agent such person shall in every case not otherwise pro- vided for by this Proclamation be liable to a fiue not exceeding one thousand dollars for the first offence and two thousand dollars for every subsequent offence; and such agent shail also and in like manner if offending be liable to penalties of the like amount.

rants may be

45. Any Magistrate for the District may by his warrant directed Search war- to any Police Officer not being under the rank of a Corporal empower an him by day or by night to enter and search any dwelling house shop or Magistrate. other building or place or any ship within the District in any case in which it shall appear to such Magistrato upon the oath of any person that there is reasonable cause to believe that in any such dwelling house When satis

that there is

or other place or on board such ship is concealed or deposited any article fled on oath subject to forfeiture under this Proclamation or as to which an offence good cause has been committed against this Proclamation and to take possession of any such article and of the ship in which the same may be found and of all utensils used for preparing such article and to arrest any person Officer may or persons being in such dwelling house or other place or on board such take passes. ship in whose possession any such article may be found or whom the ion of articles said officer may have good and sufficient reason to suspect to have cou- muy arrest found and cealed or deposited therein or thereabout any such article and any person. Officer to whom such warrant shall be directed may in case of obstrue- tion or resistance break open any outer or inner doors of such dwelling house or other place and enter thereinto and forcibly enter such ship break doors. and every part thereof and remove by force any obstruction to such entry search seizure and removal as aforesaid and may detain every person found in such place or on board such ship until the said place or May detain ship shall have been searched and all informations to be laid and all persons. warrants to be issued and all arrests and seizures to be unde under this Proclamation may be had or done on a Sunday as well as on any Sundays. other day.

46.

Power to

Every Police Officer not being under the rank of Corporal Powers of shall have and at the request of the Farmer or his duly authorised search. Agent shall exercise in upon or in respect of any ship wharf or islet within any District all the powers and authorities mentioned in the last preceding section in as full and ample a manner as if he were empower ed so to do by the warrant of a Magistrate issued under the said section and shall further have and at such request as aforesaid exercise the power of searching and if necessary breaking open any box chest or package. Provided always that in the event of such search being un- successful the Farmer shall repack or cause to be repacked any goods which may have been unpacked during such search and make good any damage he may have caused thereby. In the event of any dispute as to the amount of damage to he made good by the Farmer such amount Fainer to shall be ascertained by two Arbitrators one to bo appointed by the damages.

make good all Farmer and the other by the person whose property is damaged; but if

at the expiration of twenty-four hours from the time of such dispute first arising such amount shall not have been so ascertained from any cause then and in such case such amount shall be ascertained by the Chief Police Officer of the District or some other person to be appointed by him whose decision shall be final.

For the purposes of this section the term "wharf" shall include any warehouse or any place adjoining a wharf and used in connexion therewith.

Definition.

47. (1)—lt shall be lawful for any Revenue Officer having a Revenue Offi- general authority in that behalf in writing from the Chief Police Officer cer may board of the District at all times to board any ship and to remain on board ships ou arvi- such ship so long as she remains at any District for the purpose of val. seeing that the provisions of this Proclamation are observed."

(2)-Such Revenue Officer may require the master or other person

in charge of the ship to exhibit to him any opium or chandu which may be on board of such ship.

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