571143-1930-Ordinance-passed-and-assented-to---Opium-Amendment--No-3-of-1930 — Page 3

THE HONG KONG GOVERNMENT GAZETTE, JANUARY 24, 1930.

5. Section 17 of the Opium Ordinance, 1923, is repealed Repeal of and the following section is substituted therefor :--

Unlawful

Government

and

Ordinance No. 30 of 1923, s. 17,

section.

17.-(1) No person shall without lawful and substitu- possession of authority or excuse have in his possession, tion of new opium labels except attached to a receptacle issued by the Superintendent and 80 issned containing Government prepared opium, any label or wrapper of a kind used by the Superintendent for affixing to receptacles containing Govern- ment prepared opium, or any portion of any such label or wrapper.

wrappers.

(2) No person shall without lawful autho- rity or excuse have in his possession, except attached to a receptacle issued by the Super- intendent and containing the full quantity of Government prepared opium contained therein at the time of issue, any label or wrapper of a kind used by the Superintendent for affixing to receptacles containing Government pre- pared opium, unless such label or wrapper has been broken in such a way as to make it impracticable to use the label or wrapper again.

6. Section 86 of the Opium Ordinance, 1923, is repealed Repeal of and the following section is substituted therefor :-

Presump- tions.

Ordinance No. 30 of 1923, s. 36,

section.

36.-(1) Every person who is proved to and substitu- have had in his possession or under his control tion of new and thing whatsoever containing opium, or the keys of any box, drawer or other recep- tacle whatsoever containing any opium, shall until the contrary is proved be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein con- tained.

(2) Every person who is proved to have had in his possession or under his control or subject to his order any document of title, including any baggage receipt or any document or thing intended to serve the purpose of a baggage receipt, relating to any thing whatsoever con- taining any opium, shall, until the contrary is proved, be deemed to have been knowingly in possession of, and to have known the kind of, the opium therein contained.

(3) The presumptions provided for in this section shall not be deemed to have been rebutted by proof that the accused never had physical possession of the opium in question.

7. Section 37 of the Opium Ordinance, 1923, is re- pealed and the following section is substituted therefor

Superin- tendent's

certificate.

Schedule.

Repeal of Ordinance No. 30 of 1923, s. 37,

37.-(1) A certificate in the form of the and substitu- Superintendent's Certificate set out in the tion of new Schedule, signed by the Superintendent, if it section. purports to relate to any opium, shall in any proceeding be conclusive evidence as to the facts stated therein.

(2) Any such certificate purporting to be signed by the Superintendent, or by an Assist- ant Superintendent, shall, until the contrary is proved, be deemed to have been sigued by the Superintendent, or by an Assistant Superin- tendent as the case may be.

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