Power of
Regulations,
41. The flovernor-in-Council may from time to time Govermesin nuke rules for any of the following purposes (--
(r.) To determine the quality of prepared opium and lrose opium to be sold by the Opiam Farmer or Dross Farmer or their licensees,
Council to make mies.
Making of regulations mulating to ties.
Prohibition
of spiam divans, Jously for keeping divan.
Penalty for smoking in
divan,
Presumption that person feaul in divan bas been smoking therein.
Power of
Justice of Prace to
issue warrant
to enter.
Penalty for alministra
tion of morphine, except in certain case.
Penalty for imuishing morphing, except in
certain case,
(b) To determine the packages and receptacles in which prepared opium and dross opium sball be sold to the public and the quantities to be
contained therein.
(.) To prescribe the keeping of such books and registers and the making of such returns by the Opium Farmer or the Dross Farmer as may be considered necessary or desirable to permit of a thorough investigation being made by the Government of the manner in which the farm business is conducted and of the profits or losses nising therefrom,
42.-(1) The Governor-in-Council may from time to time make, and, when made, alter, add to, or revoke, a scale of fines to be levied for breaches of any conditions, rules or regulations made muler this Ordinance: Provided that such scale shall not come into effect mutil the same has been published in The Gazelle.
(2.) Every fine provided by such scale shall be levied in the same rammer as the fines imposed by this Ovlinance.
Opium Dieans.
43. No person shall open, keep or use any opium divan.
44. The keeper of an opium divon shall on summary enviction be liable to a penalty not exceeding five bun- dred dollars,
45. Every person who in any opium divan smokes pro- pred opitun or dross opinn shall on summary conviction be liable to a penuity not execeding twenty-five dollars.
46. A person found in any opium divan or fond escaping therefrom on the occasion of its being entered audier this Ordinance shall be presmued until the contrary is proved to he or to have been smoking prepared opium er dress opium therein.
47. Whenever it appears to any Jastico of the Peace upon the oath, affirmation or declaration of any person that there is reasonable cause to believe that any place is an opium divan such Jusfier of the l'enco muy by his warrant directed to any Police Officer empower such officer by day or by night to enter and if necessary to break into such placó and to arrest any persons and to seizo any propured opium or dross opini and implements for the smoking of prepared opium or dross opium, as may be found therein, und such prepared opium, dross opium and implements shall and are hereby declared to be forfeited to the Crown.
PART HI.
MORPHINE ANd Compornds of Opium,
48.-(1) Every person who administers by injection any eorphine to any other person, execpt in a case where the same has been prescribed by some daly qualified medical practitioner, shall, ou conviction before a Magistrate, be Hable to a penalty not exceeding fifty dollars or to impri- soument, with or without hard labour, for any term not exceeding two months.
(2.) The onus of proving the exception shall lie on the person so administering the morphine.
49.-(1.) Every person who, except in a case where morphine has been prescribed by some duly qualified medical practitioner, furnishes morphine to any person, except to a July qualified medical practitioner or to a chemist or druggist, shall, on conviction before a Magistrate, be liable to a penalty not exceeding fifty dollars or to imprisonmrout, with or without bard labour, for any term not execeding two months.
(2.) The ons of proving the exception shall lie on the person furnishing morphine as aforesaid.
Profided that this section sifall doy apply to the furnish-
ing of morphine for the purpose of bond fidé exportation.
Repeated
33/10.
50. I shall be lawful for any Police Officer, duly au- Power to thorized by warrant of any Justice of the Peace (which Justice of shall be in the form in Sebedule C to this Ordinance), authorize
Peace to with sneh assistants as may be necessary, to enter and, if miry of necessary, to break into any place which such Justice of house. Ave., the Peace may, from the information upon outh, affirmation where the or declaration of any person, or of his own knowledge, have
injection of morphine is rensoumble gronds to suspect and believe to be a place kept carried on, or use for the injection of morphine contrary to the provi- &e. sions of this Ordinance or where such injection is carried Schedule C. on, and to arrest auy persons who may be found therein and whom he may suspect to have acted or to be acting in contravention of this Ordinaure, and to seize all morphine, hypodermie syringes, and other appliances which may be found there and which are capable of being used for the injection of morphine, and, on conviction of the offender, or in any case, if the Magistrate so orders, they shall be for- feited to His Majesty, his heirs and successors, and be dealt with as the Magistrate may direct.
51.-(1.) It shall be lawful for the Principal Civil Medien) Conditional Officer to grant licences to such persons as he may think licence for fit for importing for sale or use within the Colony, preparing, importing. maunfacturing, or dealing in morphine and compounds of phine mel opium, provided that the total number of licences which compounds may be granted and the conditions of such licences shall be of opium for determined by regulations made by the Governor-in-Compejl sale or use and published in The Gazette.
(2.) Any person importing, manufacturing or dealing
within the
Colony.
in morphine or any compound of opium without such liceele halle
shall be guilty of an offence against this Ordinance. And
(3.) Any such licence may be revoked by the Governor- in-Connell at bie discretion without assigning cause.
381
-Sun mary con-
writion to apenally not exceeding $2000 of in default of payment there of to imprisonment with a without hand later. for any term not exceeding V3 month's
(Aft lill)
(4.) There shall be paid for each such licence an annui fce of twenty-five dollars which shall be awarded to the Opium Farmer, and the holder of muy such licence shall pay to the Opiam Farmer a royalty calculated at the rate of ten dollars per tæel of morphine and four dollars per tel of opium or compound of opium other thum morphine which royalty may be recovered by the Opium Farmer in a summary way before a Magistrate.
(5.) If the holder of any such licence does not comply with the conditions of the licence he shall be guilty of ai offence against this Ordinance.
52. No person shall export morphim or any compound Frommbition of opiam from the Colony to China or to any country of exporta- which prohibits or restricts the import of morphine or of lion to such compound of opium, except in such quantities and China, etc. subject to such regulations as may be prescribed by the country to which such export is intended, provided that
the unmes of all countries which prohibit or restrict the import of morphine or of compounds of opium and the regn- lations prescribed by such countries as aforesaid shall be notified in The Gazette.
53.-(1.) It shall be lawful for the Superintendent to Conditional grant licences to such persous as he way think fit to import liceues for for export and to export morphine and compounds of opium exporting, from the Colony to such entries as do not prohibit the phine and import of morphine and compounds of opium.
&c., moy.
compounds (2.) Any such liecuce muy be revoked by the Governor, of opium to in-Council at his discretion without assigning cause,
certain contris.
(3.) There shall be paid to the Goverment for each such licence an annual fee of two dollars.
(4.) The conditions of such licences shall be determined
by regulations made by the Governor-in-Council and pub- lished in The Gazette.
(5.) Any person importing for export or exporting mor- phins or any compound of opinu to or from the Colony
without such licence shall be guilty of an offence against and shall be hate *
Big Ordinan40,
(6.) If the holder of any such licence does not comply
with the conditions of the licence he shall be guilty of on offence against this Ordinance.
above. (dpt hil)
40
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