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

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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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

this

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

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