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THE HONGKONG GOVERNMENT GAZETTE, 17TH OCTOBER, 1891.
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.
Arrests and Seizures.
29. 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 dross, dross opium, or the keeping of opium smoking divans.
30. (1.) Any Police or excise officer may arrest without warrant any person within the Colony whom he reasonably suspects to have in his actual possession any opium in contravention of this Ordinance, and may take such person to a Police Station in order that, if necessary, he may be brought before a Magistrate to be dealt with according to law. (2.) Every such person and his luggage shall be liable to be searched before he is taken to the Police Station, but only under the supervision of an European Police Officer not under the rank of Sergeant,
31. Any Police or excise officer, having reasonable ground for believing that there is any opium in any ship within the Colony in contravention of this Ordinance (such ship not being or having the status of a ship of war) may proceed without warrant on board such ship and search for such opium, and may seize any such opium so found, together with all implements connected therewith, and shall take the same, together with the person in whose possession it is found, to a Police Station in order that he may be taken before a Magistrate, to be dealt with according to law.
32. Whenever it shall appear to any Justice of the Peace, upon the oath of any person, that there is reason- able cause 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) within the Colony, there is concealed or deposited any opium subject to for- feiture 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 or excise officer, empower such officer by day or by night—
So,
(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 opium, aud 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 opium may be found, or whom such Officer may reà- sonably suspect to have concealed or deposited any such opium in such place or ship, or there- about.
33. Such Officer may, in case it should be needful to do
(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 empowered 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.) Scize and detain any such 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.
34. If any ship shall be used for the importation, landing, removal, carriage or conveyance of any opium in contravention of this Ordinance, the master, owners and agents and the consignees thereof shall be liable to a pe- nalty not exceeding one thousand dollars.
Application of Ordinance. (1 of 84, 13.)
Arrest will:- out warrant. (1 of 84, 26; 22 of 87, 93.)
Search of ship without warrant.
(1 of 84, 37.)
Search with warrant.
(1 of 84, 28; 22 of 87, 20.)
Liability of
nasters, owners, &e. of ship landing, &c. smuggled
opium.
893
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