CO129-391 - Acting Governor Claud Severn Governor Sir May - 1912 [7-8] — Page 386

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

"Excise Officer" means any person appointed by the Governor under this Ordinance as an Excise Officer: "Farm" menus any exclusive privilege granted un- der this Ordinance :

"Farmer" means any holder for the time being of any such exclusive privilege :

+4

Opium Farmer" means the hokler for the time be- ing of the exclusive privilege of preparing and selling prepared opium in the Colony, either inclusive or ex- Plusive of dross opinn :

Dross Farmer" means the holder, if any, for the fime being of the exclusive privilege of collecting and purchasing opium dross and preparing and dealing in dross opinta in the Colony :

Where there is uo Opium Farmer, or no Dross Farmer, this Ordinance shall be read as if the Governor-in- Council, or any person licensed for the purpose by the Governor-in-Council, were expressly named instead of the Opium Farmer, or as if the Colonial Secretary, or any person licensed for the purpose by the Colonial Secretary, were expressly named instead of the Dross Farmer, And payment or delivery to the Colonial Treasurer, for the use of the public revenne, or to an Excise Officer for the same purpose, shall in all such cuses be taken to be payment or delivery to such Farmer under this Ordinance:

Ship" includes any steam-vessel, sailing-vessel, juuk, boat, or sampan, and any kind of craft used or adapted to be used either for the conveyance of persons or things by water or for occupation by persons or storage of things, whether afloat or not:

"Operm I wan" means and included in our motor beatitudes any resol propelled by town

kry place open kept or wnd:-

07

the sale & prepare dopin

"The smokes in

any

er place--

(1) used for the sale of prepared oping or dross opin to be moked on the premises:

Or

(2) used for the supking of prepared þpiam or dross lopium where a fep or its equivalent is wharged kamen

«Divan Keeper” means and includes the occupier for person having the use temporarily of any opium divan, or any person having or appearing to have the care or management of such place and also any person who acts in any manner assisting in conducting the business of any such place or keeping watch in or about the same:

or dross op urm such place; or (2) for the smoking of prepared Where opuin or dros oprim a fee or its equivalent is changed for such smoking or there any here fit or advantage. whatever, direct or indirect, derived by the Rufer & such peace in counsence of the

parm omoting of prepared of arm. drons of mr m

opur in such place;

Implement" meaus any vessel, uteusil, instrument, br other thing which has been used, or which is probably intended to be used, for coutaining opium, or for pre- paring or aiding in preparing any opium, or for smok - ing opium:

Any opium, implement, or other thing shall, for the purposes of this Ordinance, he deemed to be in the ossession of any persou if he has such opium, imple- ment, or thing in possession, custody, or control," by himself or by any other person:

Summary Couniction menus a conviction before Police Magistrate of the Colouy:

"Duly Qualified Medical Practitioner " mous a practitioner registered under any Ordinance for the imo being in force relating to the registration of medical practitioners:

or where the optim dross o halan produced by any person smoking in such place is comuted

"Chemist or Druggist" means a chemist or druggist gistered nuder the Pharmacy Ordinance, 1908:

received wrectained by any person other than the smoker "Mac"

means & induke's any

aversel or any

A

water.

house room,

1

hout, schiele offices, agmey, erection movable or otherwise on any spot

any spot on land

(Added by dff Wit)

C

Anded by 11/10.

→ Importer meaus and includes any person who brings or causes to be brought by land or sca any opitia into the Colony, and the owner, part owner. nortgagee, and pledgee of any opium brought by land or sea into the Colony by such person, and any agent who has authority to transfer ownership or possession or holds documents of title to such opium; but does not include any shipowner or other common carrier who carries opinn in the ordinary course of business for the importer thereof,

377

any

"To export" means and includes to convey out of the Cobory and to de act preparatory for the purpose of causing conveyance but of

3 (1) No person shall import, the Collong

311)

FART

RAW OPIUM,

waed or abat the timp station 3. the posay shup gripe pe pecegin jim the Colony, proactation

Law

opune into the

Zupinn),

of importa. tion of loose opium.

Colony or into the waters, for te

thereof, if such importation shall have been notified

on such terms and conditious as may be approved by the sale or Governor-in-Comeil, to grant licences for the sale or export of "export of loose opium, and no person, except the holder of

loose opini. such a licence, shall be permitted to sell or barter within the Colony or to export from the Colony any loose opium.

in the Gazette in pursuance's cell as junvided in section ti of this Oislinance.

I any resolution of the Legislative Counsel so

Princel bling illegal

(2.) A licence to sell raw opium wrappings intended for export in quantities less than one chest shall be issued to the Opinn Farmer free of charge for the period of his Farm.

(6.) It shall not be lawful to purchase, sell, or barter quantities less than one ball of Bengal raw opium or three gatties of Malwa, Persian, or Turkish raw opium in the Colony,

"(2) the forsions of subsection (1) of this section shall

not apply to opium imported

by or for the lure of the

5. It shall be the duty of the holder of a licence sale emti- granted under section 4 of this Ordinnuce to attach to all ficate to be parvels of loose opium sold by him a certificate in the Forni granted by No. 1 in Schedule A to this Ordinance.

Opsum Fermes with the watter

consent of the Safe of

Hicensee.

Schedule A Foria No. 1.

6. No person, except the Opium Farmer or a licensee Possessinu of under section 4 of this Ordinance shall have in his possession loose opiumi.

og under his custody or control any loose opium without a

Imports & Exports previnity

rtificato of purchase from a licensec, nuless he can show,

the satisfaction of a Magistrate,----

thmuck & furthe Shell (a) that the said loose opium is covered by a certificate

not apply to ohmim brought into the Colony or into the waters there of on any steamship under a hill

of one of the licensees; and

(b.) that ho has received it under an official export

permit under section 10 of this Ordinance,

Provided always that it shall be in the absolute discretion of the Superintendent of Imports and Exports to grant or withhold the same, and that this section shall not apply to samples not exceeding two tacls covered by a certificate of the importer, which certificate shall be countersigned by

Lading to some place to the Opium Farmer, which such opium may by

the laws of such place

7. It shall be the duty of every Becuste under section Keeping of 4 of this Ordinance to keep a register of the particulars register by of purchase and sale, in zuch form as the Governor may licensec. from time to time order.

In Carpaty imported. movided that wouch open Make not he removed from

8.-(1) Every person who offends against the provi- Penalties, sions of any of sections 3, 4 and 6 of this Ordinance shall, "În summary conviction before a Magistrate, be able to a penalty not exceeding one thousand dollars and the forfeiture of the raw opin, or the Magistrate may order a period of

portion of the peanity, provided the whole imprisonment does not exceed six months.

Such steamshed whilst imprisonment, with or without hard labour, in lien of a

in the waters & the Colery shall impor

3) Nopisson fraid or abet they isolation Lang

loose

(2.) Notwithstanding the penalty for the breach of conditions to which a licensee under section 4 of this Ordinance is subject, it shall be lawful for a Magistrate la impose on such licensee a penalty not exceeding five hundred dollars for a breach of any such conditions in ense it may not be deemed advisable to proceed for the ful penalty nuder the livensee's houd,

abuim in to the Colony or hits

In saline thereof (Ardeol

HM

40/4 39/11,

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