654103-1891-Ordinances-21-and-22-of-1891-assented-to — Page 7

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THE HONGKONG GOVERNMENT GAZETTE, 21ST NOVEMBER, 1891.

Liability of masters, owners, &c. of ship

landing, &c. #muggled opiumi.

Sundays. (22 of 87, 20.)

Contraband opium may

be forfeited.

(1 of 84, 29 and

35; 22 of 87, 13.)

Oplum found under suspicious circumstances. (1 of 84, 30 And 31.)

Unclaimed opine.

(1 of 84, 36.)

80,

(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, and 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 rea- sonably suspect to have concealed or deposited any such opium in such place or ship, or there- about.

32. 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.) Seize 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.

33. If any ship shall be used for the importation, landing, removal, carriage or conveyance of any opium in contra- vention of this Ordinance, the master, owners or agents thereof shall be liable to a penalty not exceeding one thousand dollars.

An amount of any such opium found on board any such ship and exceeding

(a.) In the case of any steamship of 60 tons burden

and upwards Tls. 50 in weight,

(b.) In the case of any steamship under 60 tons burden

Tls. 25 in weight,

(c.) In the case of all other ships Tls. 10 in weight shall be deemed evidence of the unlawful use of any such ship, unless it be proved to the satisfaction of the Magis- trate that every reasonable precaution had been taken to prevent the unlawful use of any such ship, and that none of the officers or their scrvants 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.

34. All informations to be lail, 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.

35. 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.

36. 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.

37. 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 clain 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.