654103-1891-Ordinances-21-and-22-of-1891-assented-to — Page 4

Government Gazette 政府憲報 轅門報 All

THE HONGKONG GOVERNMENT GAZETTE, 21st NOVEMBER, 1891.

10. (1.) No person except the opium farmer shall within

the Colony prepare opium.

(2.) No person except the opium farmer and any duly licensed person under this Ordinance shall sell or offer or expose for sale any prepared opium. (3.) No person except the dross farmer and any duly licensed person under this Ordinance shall deal in or prepare dross opium. Provided that no medical practitioner, chemist or druggist, not being a Chinese, or being such and having a European or American diploma, shall be prevented from preparing or selling opium bonâ fide for medicinal purposes and provided that no trader in opium shall be prevented from bonâ fide testing samples of opium obtained in accordance with the provisions of Ordinance No. 22 of 1887 or any Ordinance amending the same and keeping the same for the purposes of his trade the burden of proof whereof shall in cach case be upon any person alleging the same in his defence.

11. (1.) No person shall open or carry ou any divan or other place for the smoking of opium or dross opium without a licence in such form and upon such conditions as may be approved by the Governor in Council.

(2.) All licensed divans shall be open to the inspection of the Opium Farmer and all Excise Officers at all times of night and day.

12. (1.) Every person selling prepared opium, not being dross opium, shall deliver therewith a certificate in Chinese or English in such form as the Gov- ernor may from time to time approve, specifying the date of the sale, the name of the purchaser, and the quantity sold. Such certificate shall be issued from books provided with counterfoils, and both the certificates aud the counterfoils shall bear corresponding and consecutive printed numbers. The certificates shall be stamped by the seller with the stamp used by him in carry- ing on his business, and shall be evidence of the facts therein stated, and shall not be trans- ferable.

(2.) If any person is charged with the possession of prepared opium without a valid certificate, he shall not be entitled to produce or put in evidence or cause to be produced or put in evidence any certificate, as covering the opium in respect of which he is charged, prior in date to the last certificate granted to him, unless he has received permission from the opium farmer to keep or store opium, which permission shall appear on the certificate produced or put in evidence. (3.) Where there is no opium farmer the certificate

shall be in the form B. in the schedule hereto. 13. No certificate so granted by the opium farmer or by any licensee under him shall be valid after noon of the third day from the date of the expiration of such opium farmer's privilege.

Farms.

14. (1.) The Governor in Council may grant to any person, for such considerations and upon such conditions, and for such periods, and in such form as from time to time may be determined by the Governor in Council, the sole privilege of preparing opium, and of selling within the Colony opium so prepared, and either inclusive or exclusive of the privileges mentioned in sections 16 and 17. Such privilege may from time to time be offered for sale either by sealed tender or at publie auction, and the time for sending in such tenders or of holding such anction shall be previously notified in the Gazette in English and Chinese and by advertisement in one or more daily newspapers,

(2.) The Governor in Council may also grant to any person the like privilege as aforesaid by private contract if it shall appear desirable in the interests of the Colony.

(3.) The accepted bidder for or the grantee of such pri vilege before he shall become entitled to the benefit thereof shall give such security as the Governor in Council may require for the due performance of the conditions of such privilege and of his stipulatious or agreement in respect thereof.

(4.) The Opium Farmer shall in all cases keep a proper register or record of all opium supplied to him, and shall give such details as to its disposal as the Governor may require.

Unlicensed preparation,

&c.

(1 of 84, 3

Unlicensed divans.

(1 of 84.)

Sale of prepared opium.

(1 of 54, 16.)

Certificate.

Lapse of certificate.

(1 of 1, 17.)

Opium farm. (1 of 84, 9.)

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