653740-1891-Bills-Prepared-Opium-and-The-Raw-Opium — Page 7

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THE HONGKONG GOVERNMENT GAZETTE, 3RD OCTOBER, 1891.

shall be deemed evidence of the unlawful use of any such ship, unless it be proved to the satisfaction of the Magistrate that every reasonable precaution had been taken to prevent the unlawful use of any such ship, and that none of the officers or their servants or any of the crew of such ship were implicated therein.

Where practicable, all offences under this section shall be enquired into and adjudicated on by two Magistrates sitting together.

35. 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.

Forfeitures.

36. All opium seized with regard to which any breach of this Ordinance, or of any regulation made thereunder, has been committed, together with any implements may be forfeited by the Magistrate and in his discretion adjudged and delivered in whole or part to the farmer.

37. Whenever any seizure of prepared opium is made under this Ordinance, or whenever there is reasonable ground to believe that opium is prepared by any unauthorised person or in any unauthorised place, all raw opium found in the possession of such person, or in such unauthorised place may be seized by any Police or excise officer. If the Magistrate considers that there is reason to believe that the unlawful preparation of opium was carried on by such unauthorised person, or in such unauthorised place, or if any implement within the meaning of this Ordinance be found in possession of such unauthorised person, or in such place, the Magistrate may order such raw opium to be for- feited, and may in his discretion direct that it be delivered to the opium farmer.

38. When any opium or any implement is found without being apparently in the possession of any person, the Ma- gistrate may cause a notice to be affixed at the place where any such opium or implement was found, calling upon the owner thereof to claim the same. If no person shall make such a claim within one week from the affixing of such notice, such opium, or implement shall be forfeited, and may be delivered by the Magistrate in his discretion to the opium farmer.

39. Notwithstanding anything in this Ordinance contained, any opium seized on board of any steamship bound or about to proceed to the ports of Canton or Macao and which does not appear on the manifest of such vessel shall if forfeited by a Magistrate be detained by him until the disposal thereof has been determined by the Governor in Council.

40. Any opium forfeited and detained under the preceding section may be disposed of as the Governor in Council directs; and no Police officer or other person lawfully holding or storing such opium shall be liable to any penalty under this Ordinance by reason of such opium not being accompanied by a certificate under section 12 or otherwise.

Procedure.

41. The Magistrate may, in his discretion, employ an analyst or other skilled person to report upon any technical point which may be in dispute in any prosecution under this Ordinance, and may at his discretion order the payment of such analyst or skilled person by the party in fault, or out of any fine recovered from either party, or out of the proceeds of any forfeiture ordered by such Magistrate.

42. In dismissing any charge or complaint under this Ordinance on the ground that such charge or complaint is false, or frivolous and vexatious, it shall be the duty of the Court to impose upon the person bringing such charge a penalty not exceeding that which the defendant would have incurred if convicted upon such charge or complaint, and such penalty shall be over and above any other penalties or liabilities which the said person may have likewise in- curred in respect of his said charge or complaint or of his evidence in support thereof.

Sundays, (22 of 87, 20.)

Contraband opinm may

be forfeited. (1 of 84, 29 and 35; 22 of 87, 13.)

Oplum found under suspicions circumstances.

1 of 84, 30 and 31.)

Unclaimed opium. (1 of 84, 35.)

Diginal of forfeited Opium.

Possession of forfeited opium.

Analysis.

Vexatious proceedings. (1 of 84, 37.)

851