12353-1909-Ordinances-passed-and-assented-to--Opium-No-23 — Page 3

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 3, 1909.

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C

Divan Keeper" means and includes the occupier or person having the use temporarily of any opium divan, or any person having or appearing to have the care or management of such place and also any person who acts in any manner assisting in conducting the business of any such place or keeping watch in or about the same :

"Implement" means any vessel, utensil, instrument, or other thing which has been used, or which is probably intended to be used, for containing opium, or for pre- paring or aiding in preparing any opium, or for smok- ing opium :

Any opium, implement, or other thing shall, for the purposes of this Ordmance, be deemed to be in the possession of any person if he has such opium, imple- ment, or thing in possession, custody, or control, by himself or by any other person;

Summary Conviction" means a conviction before a Police Magistrate of the Colony:

"Duly Qualified Medical Practitioner " means a practitioner registered under any Ordinance for the time being in force relating to the registration of medical practitioners:

Chemist or Druggist ” means a chemist or druggist registered under the Pharmacy Ordinance, 1908:

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Importer means and includes any person who brings or causes to be brought by land or sea any opiam into the Colony, and the owner, part owner, mortgagee, and pledges 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.

PART J.

RAW OPIUM,

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

4.-(1.) It shall be lawful for the Colonial Treasurer, on such terms and conditions as may be approved by the Governor-in-Council, to graut licences for the sale or export 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 quamities less than one chest shall be issued to the Opium Farmer free of charge for the period of his Faria.

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

of importa- tion of looSE opium.

Licence for sale or

xport of loose opiam.

5. It shall be the duty of the holder of a licence Sale cati- granted under section 4 of this Ordinance to attach to all ficate to be parcels of loose opium sold by him a certificate in the Form grouted by No. 1 in Schedule A to this Ordinance.

Hcensee. Schedule A: Form No. 1. Possession of

6. No person, except the Opium Farmer or a liccusce under scetion 4 of this Ordinance shall have in his possession loose opium. or under his enstody 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

(.) 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.

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