21
(s. 38 contd.]
Penalties.
14
(8) Whenever any person to whom any licence or permit or authority has been issued or granted under this Ordinance would be liable under the provisions of this Ordinance or of any regulations made thereunder to any punishment, penalty or forfeiture for any act, omission, neglect or default, he shall be liable to the same punishment, penalty or forfeiture for every similar act, omission, neglect, or default of any agent or servant employed by him in the course of his business, and every agent or servant employed by him in the course of his business shall also be liable to every punishment, penalty, or forfeiture prescribed for such acts, omissions, neglects or defaults contrary to the provisions of this Ordinance as fully and effectually as if such agent or servant had been the person to whom the licence or permit or authority had been issued or granted.
(9) Every person who prepares, anakes, delivers or sup- plies any requisition, particulars, return, accounts or other written statement required by or under this Ordinance, shall, if such requisition, particulars, return, accounts or written statement are false or incorrect either in whole or in part to the knowledge of the person so preparing, making, delivering or supplying the same, whether the same be signed by him or not, be guilty of an offence against this Ordinance.
39.-(1) Every person who contravenes any of the provisions of any of the enactments specified in the first column of the following table shall upon summary conviction be liable to the penalty specified in the corresponding entries in the second and third columns of the said table-
Enactment.
Maximum fine.
Maximum term of imprisonment.
15
value of the opium (if any) in respect of which the offence was committed, whichever maximum fine is the greater, and to imprisonment for any term not exceeding one year: Provided that no such fine shall exceed five thousand dollars.
40. It shall be lawful for the court or a magistrate to Forfeiture. order to be forfeited to the Crown-
(1) any opium with respect to which any offence against this Ordinance has been committed whether any person shall have been charged with or shall have been convicted of such offence or not;
(2) any ship of less than fifteen tons net register tonnage in which any such opium may have been;
(3) any implements which have been seized in any search, unless such implements have been used only in connexion with Government opium;
(4) any unclaimed opium or implements.
estreated
41. All fines under this Ordinance, and any bail in Disposal of respect of any charge under this Ordinance which may be sand estreated by a magistrate, shall be paid into a special account bail. and may be disposed of as the Governor may direct.
Ordinances
42. The Opium Ordinance, 1923, the Opium Amend- Repeal of ment Ordinance, 1924, and the Opium Amendment Ordinance, No. 30 of 1930, are repealed.
Passed the Legislative Council of Hong Kong, this 7th day of April, 1932.
1923.
No. 7 of
1924.
No. 3 of
1930.
3.
8
s. 14
$2,000
$1,000
Six months.
s. 15 (1)
$ 500
s. 15 (2)
25
s. 17
$5,000
s. 18
$5,000
One year. One year.
s. 19
$5,000
One year.
s. 25 (4)
$ 250
s. 25 (5)
$ 250
Sixmonths.
s. 26
$ 250
any regulation
250
Three months.
made
under
this Ordinance
Provided that any person who contravenes any of the provisions of sections 17, 18 or 19 shall be liable, on conviction on indictment, to a fine not exceeding ten thousand dollars and to imprisonment for any term not exceeding ten years.
(2) Where a term of imprisonment is specified in the third column of the above table, such imprisonment may be with or without hard labour and may be imposed in addition to fine or without
any
fine being imposed. any
(3) Every person who commits an offence against this Ordinance for which no penalty is otherwise prescribed shall upon summary conviction be liable to a fine not exceeding two thousand dollars, or not exceeding ten times the market
SCHEDULE.
R. A. C. NORTH,
Leputy Clerk of Councils.
FORM NO. 1.
[ss. 3, 4, 7, 8 and 37,]
IMPORT CERTIFICATE.
Opium Ordinance, 1932.
INTERNATIONAL OPIUM CONVENTION, 1925.
CERTIFICATE OF OFFICIAL APPROVAL OF IMPORT.
I hereby certify that the Ministry or Department of
being the Ministry or Department charged with the administration of
the law relating to opium, has approved the importation by (a)...
(c) Name, address and business of importer.
22
No comments yet.
Private notes are available after approval.