12353-1909-Ordinances-passed-and-assented-to--Opium-No-23 — Page 18

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THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 3, 1909.

Compen- sation for unsuccessful search.

Prohibition

of public

officer being interested in farm.

Repeal of byelaws under

Ordinance No. I of 1903.

Commence- ment of Ordinance.

(b.) aids or abets any other person in any such offence

or in the attempt to commit any such offence,” shall, on summary conviction, be liable to the same punishment and penalties as if he had been guilty of the actual offence.

Miscellaneous Provisions.

91. If any unsuccessful search for opium has been made under section 67 or section 68 of this Ordinance by the request or at the instigation of the Opium Farmer, and there is no reason to suppose that any opium in contravention of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace and repack any goods which may have been impacked by reason of such search, and shall make good any damage which he may have caused thereby; and the amount of claimed for any such damage shall be adjudicated upon by a Magistrate and shall be recoverable as a civil debt under the provisions of any Ordinance for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable on summary conviction.

money

92. Persons employed in any department of the public service, and persons in their employ, or any of them, are disqualified from becoming or being in any way possessed of or directly or indirectly interested in any privilege or licence nuder this Ordinance or the profits thereof, whether at law or in equity and whether in their own right respect- ively or in the right of another, and from suing for or in respect of or in any way euforcing the same.

93. All byelaws governing opium divaus made under the Public Health and Buildings Ordinance 1903 (No. 1 of 1903) are hereby repealed.

94. Sub-sections 1, 2, 3 and 4 of section 23 of this Ordinance shall come into operation forthwith.

The remaining sections and parts of sections of this Ordinance shall come into operation on the first day of March, 1910, and with effect from that day the Ordinances enumerated in Schedule D of this Ordinance and all regulations made thereunder are hereby repealed.

Passed the Legislative Council of Hongkong, this 1st day of September, 1909.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 2nd

day of September, 1909.

A. M. THOMSON,

Colonial Secretary.

Section 5.

SCHEDULE A.

FORMS.

FORM No. 1.

Certificate of Sale,

Date,

1

"

catties

No.

Sold this day to

Malwa, or

per ship

balls Bengal,

to be exported by him to

This certificate shall not be valid after noon of the

-2

Chop.