12333-1909-Bills-read-a-first-time--Opium — Page 18

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1909.

(3.) Whenever a house or flo:r of a house wholly in the occupation of one Chinese family has been unsuccessfully searched for opiam, and whenever the Captain Superintend- ent of Police has reason to suspect that a search warrant for opiam has been obtained on falso information, the Opium Farmer shall furnish confidentially to the Captain Superintendent of Police the name and address of the informer.

Penalties.

84. Every omission or neglect to comply with or aer Penalties in done contrary to the provisions of this Ordinance shall be cases not deemed an offence, and for every offence against this Ordin- Specially

provided for. ance or against any regulation made thereunder, not other- wise specially provided for, the offender shall, in addition to any forfeiture of opium and implements provided for by this Ordinance, be liable, on summary conviction, to the following penalties :—

(.) for every first offence, a penalty not exceeding five hundred dollars or imprisonment, with or without hard labour, for any term not exceeding three months; and

(4.) for every subsequent offence, a penalty not ex- ceeding one thousand dollars or imprisonment, with or without hard labour, for any termi not exceeding six months.

85. A portion, not exceeding one half, of the pecuniary Appropri- penalty recovered from any offender against this Ordinance ation of may, in the discretion of the Magistrate, be awarded to the penalties. informer, and in every case relating to prepared opium, dross opium, opium dross or halan the remainder of any such penalty recovered shall be paid to the Opium Farmer, except in the cases provided for by section 77 of this Ordinance or in cases where the Opium Farmer himself or his licensees are convicted of any offence mider this Ordin-

anee.

assaulting,

86. Every person who assaults, resists, or wilfully Punishment obstructs any Excise Officer in the due execution of his of person duty shall be guilty of a misdemeanor, and, being convicted etc.. Excise thereof, shall be liable, in the discretion of the Magistrate, Officer. to a penalty not exceeding two hundred and fifty dollars or to imprisonment, with or without hard labour, for any term not exceeding one year.

87. Every person who, under the provisions of this Penalty for Ordinance, makes any application or supplies any particulars, giving false

particulars. return, or account, or other written statement required by this Ordinance to be made or supplied shall sign the same himself or by his agent thereunto lawfully authorized in writing; and if any such application, particulars, return, account, or other statement is or are false or incorrect, either in whole or in part, to the knowledge of the person so making or supplying the same, whether the same is or are signed by himself or by his agent, such person shall, in every case nor otherwise provided for by this Ordinance, on summary conviction before a Magistrate, be liable to a penalty not exceeding one thousand dollars for the first. offence and two thousand dollars for every subsequent offence; and such agent shall also and in like manner, if offending, be liable to penalties of the like amount,

88. Any hail estreated for any offence under this Ordin- ance, with respect to which the Opium Farmer appears as prosecutor, may in the discretion of the Magistrate be for- feited and paid to the Opium Farmer.

Payment of

bail estreat- ed to Opinun

Farmer.

89. If any person charged with any offence under this Giving false Ordinance gives a false name, or, with intent to procure name, etc. his discharge or acquittal, produces or offers in evidence, or causes to be produced or offered in evidence, any certificate required by this Ordinance which is proved, to the satisfaction of the Magistrate, to have been issued to any other person or to be forged, he shall, on summary conviction, be liable to a penalty not exceeding one hundred dollars, in addition to any other punishment or penalty to which he may by law be liable.

90. Every person who~~

Attempt,

(a) attempts to commit any offence in contraven- etc., to com-

tion of this Ordinance; or

mit offence.

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