Government licensees.
Settlement
between
Treaming
and or
going Opion Farmers.
30. A licensees of the Governor-in-Commeil under suction 25 of this Ordinance when there is no Opium Farm- er, shall, during the last three months of the period of their licences, he subject to such restrictions as to the qmatities of prepared opium and dross opium they shall prepare and sell as the Governor-in-Council may from time to time determine,
31.--(1) In the event of any difference arising between of difference the incoming and outgoing Opiim Farmers as to the quan- tities of prepared opini or dross opium produced or sold during the last three months of the term and the value of the same, or as to the nature and quantity of the raw or prepared opium so to be purchased or wade over or the values thereof, or as to the valno of the furniture, fittings, and implements aforesaid, such difference shall be determined by three arbitrators, oue to be appointed by the incoming lattner, ono by the outgoing farmer, and one by the floverine.
Pailure to apport arbitrator.
Time for awani.
Towers of arbitrators,
Tuportation
pina, etc.
(2.) The unjority of the arbitrators may determing, and are hereby empowered to decide in each particular caso, what are usual quantities of prepared opium and dress opium within the meaning of this Ordinance.
(8.) The award of the arbitrators or of a majority of them shall be final, and the arbitration or such other seitle- ment shall be held at such time after the end of the term of the outgoing farmer as way scem reasonable to the Governor.
(4.) Any award made my be filed in the Supreme Court pursunt to the Code of Civil Procedure for the time being in force.
32. In case either the incoming or the outgoing Opinn Farmer fails to appoint an arbitrator within ten days from his receiving notice from the Governor to do so, the other two arbitrators may proceed with the award, and, in case of difference of opinion, they shall appoint an umpire, whose award shall be fluat, and may be filed in the Supreme Court pursuant to the said Code.
33. The Governor shall fix the time within which the award of the arbitrators is to be completed, and such time simll be specified on the appointment of each arbitrator,
34. The arbitrators shall have the same powers as if the appointment and reference to arbitration had been made by an order of the Supreme Court under the said Cole.
Importation and Exportation.
3(1.) It shall be lawful for the Opiam Farmer, of prepare subject on vach necasion to the consent of the Superintend
ent siguitied in writing under his land having been previously obtained, to bring into the Colony prepared opium, apim dross, dross opium or halun, No person except the Opin Farmer acting with such consent as uforesaid sisall bring into the Colony any prepared opima, opium dross, dross opina or halan.
(2.) No person, except the Opium Farmer, his fiecusous, aul persous daly authorized by him in writing, shalt have in his possession within the Colony any prepared opinna without having a valid certificate under section 39 of this Ordinance.
(3.) No person shall have in his possession within the Colony any dross opium without the knowledge and con- sent of the Dross Farmer.
(4) No person, except a Dross Farmer or #2 duly Beensed person mider this Ordinance, shail, within the Colony, collect opinm dross or halao or have in his posses- sion, without die knowledge and consent of the Dross Farmer or his licensees, my opium dross or hainu, except such as may be the result of his own smoking or of smoking on his own premises (the hurden of proof whereof shall fie on ruch person), and such opium dross or halan shall in no case excced two taels in weight: Provided that when any person late in his possession any such opium dross or haluti in excess of two taels weight, and gives notice thereof to the Dross Farmer, the Dross Furier shall purchase the same at a fair and reasonable rate.
phere not with the ban
(7) The Jammer shall mot st
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(5.) No person sill have in his possession any opium? druss or balon except such as results from smoking the Opinn Farmer's prepared opium or dross opium.
(6.) No person shall sell any opitum dross or Inlan except to the Opinn. Farmer or Dross Farmer.
other than the Zemer No person
o his beinseco mny have sinhis
possession more than taako sprepared opium without the written permission of the
Sup:
36. It shall be unlawful for the Opin Farmer, his Exportation licensees or any other persons whomsoever to export or cause of prepared to be exported prepared opium or dross opium from the pin to Chinn or Colony Olim-or-French- Indo-China or to any-country French which probibits the inpori of prepared opium or dross Indo-China
prdibited.
Provided always that this section shall not be construed as applying to the possession by a passenger by steamer from Hongkong to China or French Indo-China or to any suck country as aforesaid of a quantity of prepared opinu or loss opium, to be used for personal consumption on the voyage, not exceeding five mace for every day of duration of the voyage.
provided always that this section).
than not be construed.
applying to the possession by
Provided-alse that the names of all conutries which probibit the import of prepared opium or dross opium shall Be notified in The Gazette.
37. No person shall export any prepared opium or Export to dross opium Tre the Colony to Country or place to tries to
which it is
A passinger by skämmer høhich it is lawful to exporthe same except he shall first awful to
thong to any
btain the permissior writing of the Superintendent who export. hay require such particulars of destination, mode of des-
Hash chest in thin the patch or otherwise as be may deem necessary.
prepared open in or drons
opera tobe ared for opurn.
personal consumption
the muse not exceding
5 mace for wrey duration of the mage
1/10
aire fot
རྦ་ .
or dress
be bothand
Sale of Prepared Opium.
38.-(1) No person, except the Opium Farmer, shall Unliensed
of opium.
preparo opium within the Colony.
(2.) No person, except the Opium Farmer and any duly licensed person under this Ordinance, shall sell or offer or expose for sale any prepared opium or dress opium.
proporation
etc.
(3.) No person except the Opium Farmer or Dross Unlicensed Farmer or any person duly licensed under this Ordinance sale of pre- to deal in or prepare dross opium shall deal in or prepare pared opians, any dross opian.
Provided that no trader in opima shall be prevented from bonâ fide testing samples of opiam covered by a certificate under the proviso to section 6 of this Ordinance and keeping the sume for the purposes of his trude, the burden of proof whereof shall in each case be upon any person alleging the same in his defence.
39.-(1.) Every person selling prepared opium, shall Sale på pre- deliver therewith a certificate, in English or Chinese, in parad opina. such form as the Governor may from time to time approve, specifying the date of the sale, the name of the pur- chaser, and the quantity sokl.
(2.) The certificate shall be issued from books provided with counterfoils, and both the certificates and the counter- foils shall bear corresponding and consecutive printed numbers.
(3.) The certificate shall be stamped by the seller with the stamp used by him in carrying on his business, and shall be evidence of the facts therein stated; and shall not he transforubie,
cause
(4.) If any person is charged with the possession of prepared opium without a valid certificate, he shall not be entitled to produce or put in evidence, or to be produced or put in evidence any certificate, as covering the prepared opium in respect of which he is charged, prior in dare to the last certificate granted to him, muless be has received permission from the Opiam Farmer to keep or store prepared opium, which permission shall appear on the certificate produced or put in evidence.
(5.) When there is no Opium Farmer the certificate shall Schedule B:
he in the Form No. 2 in Schedule B to this Ordinance.
(6.) No person shall sell any prepared opium or dross opium to any female or to any person being under sixteen years of age.
Form No. 2.
40. No cortiñente grated by the Opium Farmer under Lapse of section 39 of this Ordinauce or by any licensee under the certificate. Opium Farner shall be valid after noon of the third day from the date of the expiration of such Opium Farmer's
privilege.
37
12
first
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Page 390Page 391
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