(3.) Not to part with any Opium in the raw state either by sale or otherwise, but only Prepared Opium fit for smoking.
(4.) Not to grant to any person any licence to boil or prepare Opium.
(5.) To have one establishment only for boiling; such establishment to be approved by the Governor.
(6) The Governor to be at liberty at any time to depute such person or persons as he may think fit to supervise the boiling and preparation of Opium in the boiling establishment.
(7.) Not to have loose Opinm (as defined by the Opium Ordinance, 1909.) elsewhere than in his boiling establishment or any Raw Opium other than that covered by removal permit.
(8.) To observe, perform and keep the provisions of the Opium Ordinance, 1999.
FORM OF GRANT.
TO ALL TO WHOM THESE PRESENTS SHALL COME I
Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, in Executive Council, send Greeting:
WHEREAS, by the Opium Ordinance, 1909, it is enacted amongst other things, that the Governor-in-Council may grant, in the manner provided by the said Ordinance, to any person, for such considerations and on such conditions and for such periods and in such form as, from time to time, may be determined by the Governor-in-Council, the sole privilege of preparing Opium, and of selling, within the Colony, Opium so prepared, inclusive of the privilege of collecting dross an! of preparing and dealing in Dross Opium,-AND that the accepted bidder for, or the grantee of, such privileges, before he shall become entitled to the benefit thereof, shall give such security as the Governor-in-Council may require for the due performance of the conditions of such privileges and of his supulations or agreement in respect thereof; AND WHEREAS the Governor-in-Council has accordingly agreed to grant to
(hereinafter referred to as the Grantee) the privileges herein- before mentioned, and known as the Opium Farm, established under the said Opium Ordin- ance, 1909, for the term of three years from the 1st day of March, 1910, (inclusive), for the montbly sum of
on the conditions hereinafter contained; AND WHEREAS the Grantee has given the prescribed security for such grant to the satisfaction of the Governor-in-Council.
KNOW YE, therefore, that in pursuance of the said agreement and in consideration of the premises and of the payment by the Grantee of the monthly sum of
on the first day of each month, in advance, during the term hereby granted, and in pur- suance of the said Ordinance, I, THE SAID GOVERNOR, by and with the advice of the said Executive Council, have given and granted and by these presents (the form whereof has been determined by me in Council) under the seal of the said Colony for myself and my successors in the Government of the same, DO GIVE AND GRANT unto the Grantee his executors and administrators, the sole privilege of preparing Opism and of selling within the said Colony (including the New Territories) Opiumi so prepared inclusive of the privilege of collecting dross, and of preparing and dealing in Dross Opiam, for and during the term hereinafter expressed, in conformity with, and subject to the Ordinance in that behalf pro- vided, and to the following conditions and stipulations :-
1. That the said monthly sum of $
shall, during the said term, he paid regularly in advance to the Colonial Treasurer and without demand on the first day of each calendar month, the first of such payments being made on the 1st day of March, 1910.
2. That the Grantee shall have no Raw Opium in his possession except what is reported through the Imports and Exports Office; and, unless the special permission of the Governor to exceed that amount is obtained, shall not draw more than nine hundred chests of Law - Opium in each completed year of the Farm; and that if any prepared opium is imported into the Colony by the Grantee an equivalent deduction shall be made in the number of chests of Raw Upiam drawn by the Grantee.
3. That the Grantee shall not part with any Opium in the raw state either by sale or otherwise, but only prepared Opiuni fit for smoking.
4. That the Grantee shall not grant to any person any licence to boil or prepare Opium.
5. That the Grantee shall have only one establishment for boiling and preparing Opium; such establishment to be approved by the Governor.
6. That the Governor shall be at liberty at any time to depute such person or persons as he may think fit to supervise the boiling and preparation of Opium in the boiling establish-
ment.
7. That the Grantee shall not have loose Opium (as defined by the Opium Ordinance, 1909), elsewhere than in his boiling establishment, and shall not have in his possession or under his control any Raw Opium other than that covered by a removal permit authorizing the conveyance of such Raw Opium to such establishment.
8. That the breach of any of the provisions of the (pium Ordinance, 1909, or of any rules or regulations made thereunder or of any of the above conditions or stipulations shall involve the liability to a forfeiture of the grant and of the security deposited with the Colonial
Treasurer.
AND so as that the Grantee, his executors, and administrators, subject to such condi- tions and stipulations, shall and lawfully may have and enjoy the whole profit, benefit, com- modity, and advantage, from time to time, during the said term, coming, growing, accruing and arising by reason of the said privileges, TO HAVE, HOLD, USE, EXERCISE, AND ENJOY the premises hereby granted, subject as aforesaid, together with the power to grant licences as in the said Ordinance provided subject to such conditions as shall from time to time be approved by the Governor-in-Council, and all other powers incident to the said privileges, and all benefit and advantage of the said Ordinance and conditions or any of them, unto the Grantee, his executors, and administrators, for aud during and unto the full PRO- end and term of three whole years commencing with the First day of March, 1910: VIDED always and these presents are upon this express condition, that if, at any time during the said term hereby granted, the Grantee, his executors, or administrators. shall not, upon his or their part or behalf, pay the said monthly rent at the time appointed or shall fail to observe, perform, and keep any of the said conditions and stipulations, or any of the provisions of these presents, or of the said Ordinance, then and in any or either of the said cases it shall be lawful for the Governor-in-Council to cancel these presents, and in such case the same shall forthwith cease, determine and be utterly void, save as hereinafter provided: PROVIDED always, and it is hereby expressly declared, that the said
his executors, or administrators shall be and remain liable to make good to the Governor all losses and expenses incurred by reason of such default in payment or by reason of the non-observance or non-performance of any of the said conditions and stipula tious or any of the provisions of these presents or of the said Ordinance, or by reason of any re-sale or re-grant of the said privileges which the Governor-in-Council may thereupon
make.
PROVIDED always that in the event of the exportation of Raw Opium from India being so restricted during the terin hereby granted, as in the opinion of the Governor-in- Council seriously to affect the business of the Grautee, the onus of proof whereof shall rest on the Grantee, the Governor-in-Council upon the application of the Grantee, may reduce the rent payable under this Grant to such an extent or may modify the terms of this Grant in such other manner as to the Governor-in-Council may seem equitable.
PROVIDED also that in the event of the exportation of Raw Opium from India being prohibited during the term hereby granted and the Grantee not being able to procure suffi- cient opium for boiling the Grantee may give notice to the Governor-in-Council of his desire to surrender this Grant, and, if in the opinion of the Governor-in-Council such prohibition seriously affects the business of the Grantce, the onus of proof whereof shall rest on the Grantee, the Governor-in-Council may thereupon, or so soon thereafter as he may deem desirable cancel the same. Nothing in the two preceding provisos is to be taken to mean that an alteration in the quantity of opium exported from India is to be accepted as primâ facie evidence that the Farmer is entitled to a reduction of rent or to a modification of the terms of this Grant.
IN WITNESS whereof, I, TIE SAID GOVERNOR, have set my Hand and the Seal of the said Colony to these prescuts on the
day of
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