CO129-481 - Governor Sir Stubbs - 1923 [8-12] — Page 328

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of that sub-section are complied with.

defined so as to include a firm.

322

The term person is

A consequential provision

is contained in section 11(5).

4.

The reference in section 3(1) of the Ordinance to prepara- tory acts was suggested by the definition of exportation in sec- tion 4 of the Opium Ordinance, 1914, Ordinance No. 4 of 1914. The reference to preparatory acts in that definition has been found useful on occasion for the purpose of avoiding discussion as to whether particular acte proved did or did not amount to an attempt in law, and this extension of the meaning of the term has not caused any hardship.

the

In this Ordinance the re-

ference to preparatory acte has been inserted in a substantive section because it seems to involve a somewhat unnatural use of the term if it is inserted in the definition.

5. Section 3(2) adopts, for exports other than transit cargo which complies with section 3(3), the import certificate system recommended by the Opium Section of the Advisory Committee of the League of Nations on Traffic in Opium. The form of certifi- cate in the Schedule has been adapated from the form recommended by the Opium Section. The wording of section 3(2) allows latitude in the use of this form.

6. Section 3(3) lays down the conditions under which transit cargo is relieved from the requirements of the Ordinance as to import and export licences. It will be noticed that if through cargo is transhipped here licences will be required.

The pro- visions requiring a ship carrying dangerous drugs to proceed direct and for thwith to the harbour of Victoria, and direct and forthwith out of the watersof the Colony, are an attempt to meet

to some extent a practice of ships carrying dangerous drugs to "hang about" outside the harbour for the purpose of dumping drugs to be picked up later by persons in league with the importers.