12333-1909-Bills-read-a-first-time--Opium — Page 15

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610 THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1909.

Powers of officer executing warrant.

Liability of master,

ship (not being or having the status of a ship of war), within the Colony, there is concealed or deposited any opium subject to forfeiture under this Ordinance, or as to which an offence has been committed or is about to be committed against this Ordinance, such Justice of the Peace may, by his warrant directed to any Police or Excise Officer, empower such officer, by day or by night,- (a.) to enter such dwelling house, shop, or other building or place, or to go on board such ship, and there to search for and take possession of any such opinn and of the ship in which the same is found and of any implements in such place or ship; and

(b.) to arrest any person or persons, being in such dwelling house, shop, or other building or place or ship, in whose possession, custody or control such opium may be found, or whom such officer may reasonably suspect to have concealed or deposited any such opium in such place or ship or thereabout.

70. Such officer may, if it is necessary to do so,— (a.) break open any outer or inner door of such dwell- ing house, shop, or other building or place, and enter thereinto;

(b.) forcibly enter such ship and every part thereof; (c.) remove by force any obstruction to such entry, search, seizure and removal as he is empowered to effect;

(d.) detain every person found in such place or on board such ship until such place or ship has been searched;

(e.) seize and detain any such opium or implements

found in such place or ship; and

(f) seize and detain any such opium or implements found in the possession of any of the persons against whom his warrant has been issued in any place what- ever within the Colony.

71.-(1.) If any ship is used for the importation, land- ing, removal, carriage, or conveyance or for the exportation of any opium in contravention of this Ordinance, the landing, etc., master, owners, or agents thereof shall be liable to a

penalty not exceeding one thousand dollars,

owner, etc., of ship

smuggled

opium.

Process on Sundays.

Contraband opium.

Opium found under sus- picious circum- stances.

(2.) An amount of any such opium found on board any

such ship and exceeding,—

(a.) in the case of any steamship of sixty tous burden

and upwards, fifty taels in weight; or,

(b.) in the case of any steamship under sixty tous

burden, twenty-five taels in weight; or,

(c.) in the case of any other ship, ten taels in weight, shall be deemed evidence of the unlawful use of such ship, unless it is proved, to the satisfaction of the Magistrate, that every reasonable precaution had been taken to prevent the unlawful use of such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein.

(3.) Where practicable, all offences under this section shall be inquired into and adjudicated on by two Magis- trates sitting together.

72. All informations to be laid, and all warrants to be issued, and all arrests and seizures to be made under this Ordinance may be had or done on Sunday as well as on any other day.

Forfeitures.

73. All opium, other than raw opium, seized with regard to which any breach of this Ordinance, or of any regulation made thereunder, has been committed, together with any implements, may be forfeited by the Magistrate and, in his discretion, adjudged and delivered in whole or in part to the Farmer.

74.-(1.) Whenever any seizure of propared opium or dross opium is made under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorized person or in any unauthorized place, all raw opium found in the possession of such person or in such unauthorized place may be seized by any Police or Excise Officer.

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