CO129-524-9 Opium Amendment Ordinance 1930 23-1-1930 - 11-8-1930 — Page 18

19

this non-Government opium would be an offence in itself,

but the improper use of a Government label is a distinct

aggravation of that offence, and should be punishable in

itself. Accordingly, the sub-section in question makes

illegal the possession of any label or wrapper of a kind

used by the Superintendent unless such label or wrapper

is either attached to a receptacle issued by the

Superintendent and containing the full quantity of

Government opium as issued, or else has been broken in

such a way as to make it impracticable to use the label

or wrapper again.

7.

Section 36 of the Opium Ordinance, 1923, provided

that every person who was proved to have had in his

possession any thing containing opium, or the documents

of title to any thing containing opium, should, until the

contrary was proved, be presumed to have been in possession

of the opium. Section 6 of this Ordinance repeals that

section and substitutes a new one which contains the

following additional points which have been suggested by

the corresponding section in the Dangerous Drugs Ordinance:-

(a) The presumption is made to arise also upon

proof of the possession of the keys of any

box or drawer containing opium.

(b) The term "document of title" is made to include

a baggage receipt.

(c) The presumption of knowledge is made to

extend to knowledge of the kind of opium

contained in the box or other receptacle.

This is inserted because it is necessary in

the charge to refer to some particular kind

of opium, e.g., prepared opium or raw opium.

(a) It is expressly provided in sub-section (3)

that the presumptions of the section will not