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THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1891.
Transfer of Farm. Arbitration.
20. Every opium farmer shall, one month before his pri- vilege expires, give public notice, in the form of, schedule E. that such privilege is to expire on the day named in such notice, which shall be the last day of his exclusive privi- lege, and that no prepared opium purchased from such farmer, or from any licensee of such farmer, can be used without the consent of the new farmer after noon of the third day next after such date. Such notice shall be print- ed in English and Chinese, and the farmer shall supply copies thereof to all persons licensed by him under this Ordinance, and every such licensed person shall exhibit such notice in the place where he sells prepared opium, in a conspicuous position, so as to be plainly visible to every person entering such place.
21. The opium farmer shall not during the three months preceding the end of his term, prepare more than the usual quantity of opium, and neither he nor his licensees shall during such three months sell any prepared opium at less than the average current prices of the day, or in greater quantities than is usual at the time of year, and at the end of his term such farmer or his licensees shall not sell, ex- port or otherwise make away with or dispose of any of his or their stock of prepared opium, but shall make over to the incoming farmer the full and complete stock of raw or prepared opium then in their possession, at the marketable value thereof together with all furniture, fittings and imple- ments used in or about the opium farmer's premises for the purposes of his privilege and the incoming farmer shall be bound to take over and pay for the same accordingly,
22. All licensees of the Governor in Council under sec- tion 15, when there is no opium farmer, shall, during the last three months of the period of their licences, be subject to such restrictions as to the quantities of opium they shall prepare and sell as the Governor in Council may from time to time determine.
23. In the event of any difference arising between the incoming and out-going opium farmers as to the quantities of prepared opium produced or sold during the last three months of the term, and the value of the same, or as to the nature and quantity of the raw or prepared opium so to be purchased or made over, or the values thereof, or as to the value of the furniture, fittings and implements aforesaid such difference may be determined by three arbitrators, one to be appointed by the new farmer, one by the out-going farmer, and one by the Governor. The award of such ar- bitrators, or of a majority of them, shall be final, and the arbitration or such other settlement shall be held at such time after the end of the term of the out-going farmer as may seem reasonable to the Governor. Any award made may be filed in Court pursuant to the Hongkong Code of Civil Procedure.
24. The majority of the arbitrators may determine, and are hereby empowered to decide in each particular case, what are usual quantities of prepared opium within the meaning of this Ordinance.
25. In case either the out-going or incoming opium farmer fails to appoint an arbitrator within ten days from his receiving notice from the Governor so to do, and also fails to furnish the Colonial Secretary with the notice provided for in section 28, the other two arbitrators may proceed with the award, and in case of difference of opinion they shall appoint au umpire, whose award shall be final, and may be filed in Court pursuant to the said Code.
26. The Governor shall fix the time within which the award of such arbitrators is to be completed, and such time shall be specified on the appointment of each arbitrator.
27. The arbitrators shall have the same powers as if the appointment and reference to arbitration had been made by an order of the Supreme Court under the said Code, and their award in each case shall be final.
23. Nothing in sections 24 to 26 shall be so construed as to compel either the incoming or out-going farmer to submit any difference whatever between them to arbitration to the exclusion of any suit or action, and should either of them, within the ten days specified in section 25, notify the Colonial Secretary in writing that he prefers to bring or to defend any suit or action, the arbitration shall not take place, and both parties shall be allowed, at their option, to resort to ordinary legal procedure.
Notice of expiry of farm (1 of 84, 18.)
Market not to be overstocked. (1 of 84, 20,)
Government licensees. (1 of 84, 19.)
Arbitration.
(1 of 84, 20.)
Usual quantities. (1 of 81, 21.)
Failure to appoint arbitrator. (1 of 81, 22.)
Time.
(1 of 84. 23.)
Powers of arbitrators.
(1 of 84, 21.)
Arbitration not compul- sory.
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