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by the Government-General, or who sell, transfer, exchange, or lond such mixtures or period of not compounds, shall be punished by imprisonment with hard labour for a more than three years, or shall pay a fine of not more than 3,000 yen. Persons not having received special licence under article 4, section i, or not having been officially appointed to sell opium, who sell, transfer, exchange, or lend pium paste for smoking, and persons having received special licence under article 4, section 1, who sell, transfer, exchange, or lead opium paste for smoking to persons not in possession of a licence to purchase and consume opium paste for smoking, or persons selling opium paste for smoking under official appointment who sell. transfer, exchange, or lend opium paste for smoking to persons not in possession of a licence to retail opium paste for smoking, shall be punished by imprisonment with hard labour for a period not exceeding four years, or shall pay a fine of not more than 4,00 yen.
Art. 9. Persons who manufacture or impor drugs of the same efficacy as raw opium, powdered opium, or opium paste for smoking, shall be punished by imprisonment with hard labour for a period not exceeding four years, or shall pay a fine of not more than 4,000 yen.
Persons who sell, transfer, exchange or lends dugs of the same efficacy as raw opium or opium paste for smoking, and persons, other than apothecaries, druggists, pharmacists and medical practitioners, not having received special licence under article 4, section 5, who sell, transfer, exchange or lend powdered opium, shall be punished by imprisonment with hard labour for a period not exceeding three years, or shall pay a fine of not more than 3,000 yen.
Art. 9 (2). Persons who attempt unsuccessfully to import, or who attempt unsuccessfully to manufacture, drugs of the same efficacy as opium paste for smoking shall suffer the above punishments reduced by one or by two degrees.
Art. 9 (3). Persons using morphine or drugs containing morphine as substitutes for the consumption or smoking of opium, shall be punished by imprisonment with hard labour for a period not exceeding one year, or shall pay a fine of not more than 1,000 yen, and persons administering such drugs at the request of third parties shall suffer the same punishments.
Art. 10. Persons cultivating opium poppies, or having in their possession poppy heads, for the purpose of manufacturing opium, shall be punished by imprisonment with hard labour for a period not exceeding two years, or shall pay a fine of not more than 2,000 yen.
Art. 11. Persons who import utensils for the eating and smoking of opium, or who manufacture utensils for the eating and smoki g of opium, without having received special licence under article 4, section 2, shall be punished by imprisonment with hard labour for a period not exceeding three years, or shall pay a fine of not more than 3,000 yen.
Persons not having received special licence inder article 4, section 2 or section 3, who sell, transfer, exchange or lend utensils for the eating and smoking of opium, and persous having received these licences who sell, transter, exchange or lend utensils for the eating and smoking of opium to persons not in possession of special licences to establish places for the eating and smoking of opium, or of special licences to purchase and consume opium paste for smoking, shall be punished by imprisonment with hard labour for a period not exceeding two years, or shall pay a fine of not more than 2,000 yen.
Art. 12. Customs officers who permit, or who themselves are guilty of, the importa- tions mentioned in articles 8, 9 and 11 shall sutler the penalties prescribed, increased by one degree,
Art, 13. Persons not having received special licence unler article 4, section 4, who supply utensils or provide places for the consumption of "pium shall be punished by imprisonment with hard labour for a period not exceeding four years, or shall pay a fiue Persons having received special licence under article 4, of not more than 4,000 yen. section 4, who supply utensils or provide places tor the consumption of opium to persons not in possession of a licence to purchase and consume opium paste for smoking shall suffer the same punishments. In the above two cases, if the offences were not for the purpose of profit, the punishments shall be reduced one degree.
Art. 14. Persons not having received licence under article 3, who consume opium, shall be punished by imprisonment with hard labour for a period not exceeding three years, or shall pay a fine of not more than 3,000 yen. The foregoing penalties shall be increased one degree in the case of persons who shall entice persons not having a licence under article 3, and shall cause them to consume opium.
Art. 15. Persons other than those who sell opium paste for smoking under special appointment, not having received licence under article 3, or article 4, section 1, who
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have or possess opium paste for smoking, and persons not having received licence under article 3, or article 4, sections 2, 3 or 4, who have or possess utensils for the consumption of opium shall be punished by imprisonment with hard labour for a period not exceeding one year, or shall pay a fine of not more than 1,000 yen.
Persons having or possessing drugs of the same efficacy as raw opium or opium paste for smoking, or persons not licensed under article 4, section 5, having or possessing powdered opium, excepting medical practitioners, pharmacists, druggists and apothecaries, shall suffer the same punishment,
Art. 16. In the cases covered by articles 8 to 15 the utensils in question shall be confiscated. If the utensils in question have already been destroyed, their value shall be collected instead.
Art. 17. Persons punished by imprisonment with hard labour under this ordinance may commute their sentence by a money payment at the rate of 2 yeu for each day; and proportionally if they shall have made a part payment, a corresponding number of days shall be deducted from the sentence.
Cases coming under this article shall be examined anew in a court of law, and the opinion of a public procurator shall be taken and an order issued by a judge.
Art. 18. Persons not having fully paid their fines may commute their fines by detention in prison for a period of not more than five years. During such detention they can be made to perform military service.
Persons who are to be detained in prison shall be examined anew in a court of law, and on an application by a public procurator. a judge shall determine the period of detention and shall pronounce sentence
Persons sentenced to pay a fine, who shall have paid a part of it, shall have the number of days of detention correspondingly reduced according to the proportion between the amount of the fine imposed and the corresponding number of days of detention.
A person who shall have paid his fine during the period of his detention in prison shall complete the remaining days according to the proportions of the preceding articles.
Art. 19. Should this ordinance be broken as regards their business by the employers or by the members of the families of persons who have been granted a licence under article 4, and who have been officially appointed to sell opium paste for smoking, the owners of the businesses or the persons appointed to sell opium shall be punished. Art. 20. Paragraph 1, chapter 5, of book 2 of the Penal Code shall not apply.
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