896
A
THE HONGKONG GOVERNMENT GAZETTE, 17TH OCTOBER, 1891.
Public officers not to be
Interested.
(1 of 84, 39.)
Compensation- for unsuccess ful search.
Penalties. (I of 84, 33.)
Informer's share.
(1 of 84, 34.)
Protection of
Excise Officers In excention of their duty &e.
Repeals.
Commence-
ment of Ordinance,
48. Persons employed in any department of the public service, and persons in their employ, or any of them, are disqualified from becoming or being in any way possessed of or directly or indirectly interested in any privilege or licence under this Ordinance, or the profits thereof, whether at law or in equity, and whether in their own right re- spectively or in the right of another, and from suing for or in respect of or in any way enforcing the same.
49. If any unsuccessful search for opium has been made under section 30 or 31 of this Ordinance by the request or at the instigation of the Opium Farmer and there is no reason to suppose that any opium in contravention of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace and repack any goods which may have been unpacked by reason of such search, and shall make good any damage he may have caused thereby, and the amount of money claimed for any such damage shall be adjudicated uponby a Magistrate, and shall be recoverable as a civil debt under the provisions of The Magistrates Ordinance,
1890.
Penalties.
50. Every omission or neglect to comply with or act done contrary to the provisions of this Ordinance shall be deemed an offence, and for every offence against this Ordi- nance or against any regulation made thereunder not other- wise specially provided for, the offender shall, in addition to any forfeiture of opium and implements provided for by this Ordinance, be liable on summary conviction to the follow- ing penalties: **-****
(1.) For every first offence, a penalty not exceeding five hundred dollars, or imprisonment with or without hard labour for a term not exceeding three months.
(2.) For every subsequent offence, a penalty not ex- ceeding one thousand dollars, or imprisonment with or without hard labour for a term not exceeding six months.
51. A portion not exceeding half of the pecuniary penalty recovered from any offender against this Ordinance may at the discretion of the Magistrate be awarded to the informer, and in every case relating to prepared opium the remainder of any such penalty recovered shall be paid to the opium farmer except in the cases provided for by section 39.
52. Whosoever shall assault, resist or wilfully obstruct any excise officer in the due execution of his duty shall be guilty of a misdemeanour, and upon conviction thereof shall be liable in the discretion of the Magistrate to be imprisoned for any term not excceding one year with or without hard labour, or to a penalty not exceeding $250.
Repeals, &c.
53. Ordinances Nos. 1 of 1884 and 17 of 1886 are hereby repealed, but such repeal shall not affect any thing lawfully done or commenced to be done thereunder, or any privilege granted thereunder and every regulation, bond, licence, or appointment made or issued under the above repealed Ordinances shall continue in full effect as if made or issued under this Ordinance until such regulation, bond, liceuce, or appointment shall be duly cancelled, amended, or withdrawn, or shall expire.
54. This Ordinance shall come into operation on a day to be proclaimed by the Governor.
1.B. of
SCHEDULES.
(A.)
Appointment of Excise Officer.
THE OPIUM ORDINANCE 18
in
is hereby appointed to be an excise officer under the above Ordinance, and is duly vested with all the rights, powers, and immunities of such officer under the provisions of the said Ordinance, until
18
or until this licence is revoked by the Governor of this Colony for the time being.
Hongkong,
18
.
Colonial Secretary.
No comments yet.
Private notes are available after approval.