THE HONGKONG GOVERNMENT GAZETTE, 25TH JULY, 1891.
Arrests and Seizures.
45. All the provisions of this Ordinance as to searches arrests, possession, the seizure and disposal of opium, or implements, and the disposal thereof, penalties and their division, rewards to informers, and penalties for false charges or irregular proceedings under this Ordinance, shall apply, so far as circumstances will permit, in relation to all cases of any infraction of this Ordinance or of any regulation made thereunder with respect to the preparation of or deal- ing in dross opium, the collection of or dealing in opium dross, or the keeping of opium smoking divans.
46. Any Police or excise officer may arrest without warrant any person within the Colony whom he reasonably suspects to be conveying or to have concealed on his per- son any raw or prepared opium in contravention of this Ordinance, and shall take such person before a Magistrate to be dealt with according to law.
47. Any Officer of Police not under the rank of sergeant or excise officer, having reasonable ground for believing that there is raw or prepared opium in any ship within the waters of the Colony in contravention of this Ordinance (such ship not being or having the status of a ship of war) may proceed without warrant ou board such ship and search for such raw or prepared opium, and may seize any such raw or prepared opium so found, and such officer shall take the opium so found, together with the person in whose possession it is found, to the police station in order that he may be taken before a Magistrate, to be dealt with accord- ing to law.
48. Whenever it shall appear to any Justice of the Peace, upon the oath of any person, that there is good and sufficient canse to believe that in any dwelling house, shop, or other building or place, or on board any ship not being or having the status of a ship of war, lying or being within the waters of the Colony, there is concealed or deposited any raw or prepared opium subject to forfeiture under this Ordinance, or as to which an offence has been committed against this Ordinance, such Justice of the Peace may by his warrant directed to any Police officer not under the rank of sergeant, or to any excise officer, empower such Officer by day or by night,
(1) To enter such dwelling house or other place, or to go on board such ship, and there to search for and take possession of any such raw or pre- pared opium, and of any implements in such place or ship.
(2.) To arrest any person or persons being in such place or ship, in whose possession such raw or prepared opium may be found, or whom such Officer may reasonably suspect to have con- cealed or deposited any such opium in such place or ship, or thereabout.
49. Such Officer may, in case it should be needful to
do so,
(1.) Break open any outer or inner door of such dwelling house or other building or place, and enter thereinto.
(2.) Forcibly enter such ship and every part thereof.' (3.) Remove by force any obstruction to such entry, search, seizure, and removal as he is empower- ed to effect.
(4.) Detain every person found in such place or on board such ship until such place or ship shall have been searched.
(5.) Seize and detain any raw or prepared opium, or implements found in such place or on board such ship.
(6.) Seize and detain any such opium or implements found in the possession of any of the persons against whom his warrant is issued in any place whatever within the Colony.
50. All informations to be laid, and all warrants to be issued, and all arrests and seizures to be made under this Ordinance may be had or done on a Sunday as well as on any other day.
51. Over and above all other liabilities and penalties to which, by this Ordinance or otherwise, any person shall become or be subject in respect of his serving out, obtaining, issuing, or executing improperly and without sufficient cause any search warrant under this Ordinance, the said person shall be further liable to the penalties specified in section 58, to be enforced and levied as hereinafter provided.
Ordinance
applies to all farms. (1 of 84, 13.)
Arrest with- out warrant. (1 of 81, 28; 22 of 87, 22.)
Search of ship without warrant.
(1 of 84, 27: 22 of 47, 23.)
Search with warrant.
(1 of 84, 28; 22 of 87, 20.)
What may be done under warrant. (1 of 84, 28; 22 of $7, 20.)
Sundays. 122 of 87, 20.)
Warrants improperly obtahied. (1 of 84, 98.)
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