4. It was suggested that although dealing in raw opium
was illegal generally yet the prohibitions of section 4
of the Opium Ordinance, 1923, as enacted by section 2 of
the Opium Amendment Ordinance, 1924, would not apply if
it could be shown that there was no intention that the
opium in question should ever be imported into the Colony.
Section 4 of this Ordinance introduces words which are
intended to meet that possible defence.
5.
Section 17 of the Opium Ordinance, 1923, made
illegal the possession of any Government label or wrapper
which had been or had become detached from the opium
receptacle to which it was attached when issued by the
Superintendent. In a prosecution under this section it
would usually be impossible to prove that the detached
label or wrapper had ever been attached to a receptacle
issued by the Superintendent, except by relying on a
general statement that in practice no label or wrapper is
issued except attached to a receptacle.
Section 5 of
this Ordinance repeals section 17 of the principal Ordinance
and substitutes a new section.
Sub-section (1) of the
new section meets the point above referred to by making
illegal the possession of any label or wrapper of a kind
used by the Superintendent unless such label or wrapper
is attached to some receptacle which was issued by the
Superintendent.
6.
Sub-section (2) of the new section 17 deals with
another point. It would be possible to remove the label
from a Government opium receptacle without damaging the
label and to use it again on another receptacle containing
non-Government opium.
It is true that the possession of
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