CO129-474 - Governor Sir Stubbs - 1922 [1-4] — Page 308

Enclosure

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307

ATTORNEY GENERAL'S CHAMBERS,

Hongkong... Mezah......................191/ 1982.

REPORT ON ORDINANCE No............................of 161/ 1922.

1.

I have examined the accompanying Ordinance intituled

an Ordinance to amend further the Opium Ordinance, 1914,

and I am of opinion that the Ordinance is one which is not contrary to the

Governor's Instructions.

Seption 2; The only section in the principal Ordinance under

which the charge of smoking opium in an opium divan could be laid was

Section 30.

That section provided that "No person shall open,

keep, or use any opium divan". The word "use" was ambiguous, and there was always a danger that the defence might argue that the sec- tion as a whole referred only to person of the keeper class and that "use" would not include smoking- The opportunity has therefore been 4

taken to make this point quite clear. It was obvious from section

31 of the principal Ordinance that smoking opium in a divan was in-

tended to be an offence.

3.

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