12333-1909-Bills-read-a-first-time--Opium — Page 4

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 27, 1909.

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• Importer means and includes any person who brings or causes to be brought by land or sea any opium into the Colony, and the owner, part owner, mortgagee, and pledgee of any opium brought by land or sea into the Colony by such person, and any agent who has authority to transfer ownership or possession or holds documents of title to such opium; but does not include any shipowner or other common carrier who carries opium in the ordinary course of business for the importer thereof.

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PART I.

RAW OPIUM.

3. No person shall bring or receive into the Colony, Prohibition any loose opium.

of importa- tion of loose opium.

4.-(1.) It shall be lawful for the Colonial Treasurer, Licence for on such terms and conditions as may be approved by the sale of loose Governor-in-Council, to grant licences for the sale or opium. ex port of loose opium, and no person, except the holder of such a licence, shall be permitted to sell or barter within the Colony or to export from the Colony any loose opium except as provided in section 6 of this Ordinance.

(2.) A licence to sell raw opium wrappings intended for export in quantities less than one chest shall be issued anually under this section to the Opium Farmer free of charge.

(3.) It shall not be lawful to purchase, sell, or harter quantities less than one ball of Bengal raw opium or three carties of Malwa, Persian, or Turkish raw opium in the Colony.

5. It shall be the duty of the holder of a licence Sale certi- granted under section 4 of this Ordinance to attach to all ficate to be parcels of raw opium sold by him in quantities less than granted by one chest a certificate in the Form No. 1 in Schedule licensee. A to this Ordinance.

Schedule A: Form No. 1.

6. No person, except the Opium Farmer or a licensee Possession of under section 4 of this Ordinance shall have in his possession loose opium. or under his custody or control any loose opium without a certificate of purchase from a licensee, unless he can show,

to the satisfaction of a Magistrate,-

(a.) that the said loose opium is covered by a certificate

of one of the licensees; and

(b.) that he has received it under an official export

permit under section 10 of this Ordinance.

Provided always that it shall be in the absolute discretion of the Superintendent of Imports and Exports to grant or withhold the same, and that this section shall not apply to samples not exceeding two taels covered by a certificate of the importer, which certificate shall be countersigned by the Opium Farmer.

7. It shall be the duty of every licensee under section Keeping of 4 of this Ordinance to keep a register of the particulars register by of purchase and sale, in such form as the Governor may

licensee. from time to time order.

8.-(1.) Every person who offends against the provi- Penalties. sions of any of sections 3, 4 and 6 of this Ordinance shall, on summary conviction before a Magistrate, be liable to a penalty not exceeding one thousand dollars and the forfeiture of the raw opium, or the Magistrate may order a period of imprisonment, with or without hard labour, in lieu of a portion of the penalty, provided the whole imprisonment does not exceed six months.

(2.) Notwithstanding the penalty for the breach of conditions to which a licensee under section 4 of this Ordinance is subject, it shall be lawful for a Magistrate to impose on such licensee a penalty not exceeding five hundred dollars for a breach of any such conditions in case it may not be deemed advisable to proceed for the full penalty under the licensee's bond.

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