667426-1886-Ordinance-21-of-1886-assented-to- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JUNE, 1886.

Unlicensed

distilling prohibited.

(8 of 44, and 5

of 69.)

Apothecaries, Chemists and Druggists may have stilis of eight gallons

contents.

(Ord. 8 of 1844 Section 3.)

Licences to distil.

(3 of 69.)

Adulterated Liquors, (38 & 39 Vic. c. 63 R. 5.)

Unlicensed

sale prohibit- ed.

(11 of 44. 1.)

reduce the strength more than twenty-five degrees below proof in the case of Brandy, Whisky or Rum, or more than thirty degrees below proof in the case of Gin.

Chinese spirits shall mean the intoxicating liquors

commonly known as Samshu.

Gallon shall mean an Imperial gallon, or, if the liquor be in bottles, six reputed quart bottles, or twelve reputed pint bottles.

Grocer's Licence shall mean a licence to sell intoxica- ting liquors by the bottle, such liquors not to be consumed on the premises. Intoxicating liquor shall include spirits, malt liquor,

and any wine or other fermented liquor whatever. Pint bottle and quart bottle shall mean the reputed pint and quart bottles ordinarily used in commerce. Public house shall mean any house or place of enter- tainment where intoxicating liquors are sold by retail and may be consumed on the premises, but shall not include any place of entertainment kept under an adjunct Licence.

Retail sale shall mean the sale of liquors in less quan-

tities than two gallons as above defined. Spirit shop shall mean any shop licensed to retail Chinese

spirits not to be consumed on the premises. Wholesale licence shall mean a licence to sell intoxi- cating liquors by the unopened cask or case, in quantities not less than two gallons of one liquor at one time, such liquors not to be consumed on the premises.

Distilleries.

3. No person shall make, distil, or rectify any spirits, or shall knowingly keep or have in his possession any still or other utensil, or apparatus for distilling or making or rectifying spirits, without a licence under this Ordinance.

It shall be lawful for the Colonial Secretary to issue a licence free of all charge to any Apothecary, Chemist, or Druggist applying for the same, to keep and use on his premises, a still of not more than eight gallons contents for the purpose of his trade only, provided that every person wishing to keep such still shall notify his intention so to do to the said Colonial Secretary, who shall thereupon require such person to give a Bond with two sufficient sureties in the sum of one thousand dollars, that he will not make use of such still, or suffer it to be made use of except for the preparation of medicines or other articles required bonâ fide for medical purposes, and every such person found to have such still without having entered into such Bond and obtained such licence, shall be deemed to be guilty of an offence under this Ordinance.

4. The Colonial Secretary may issue licences to distil in the form of Schedule A, on each of which licences an annual fee of One hundred and twenty dollars shall be payable in advance. Such conditions as the Governor in Council may from time to time determine may be added to such licences. Every licensed distiller may sell by whole- sale the liquors he distils.

5. Any person who shall distil, make, import, sell, dis- pose of, or deal in any adulterated intoxicating liquor shall be guilty of an offence against this Ordinance, and if such adulterated liquor be injurious to health he may, ou a second conviction, be sentenced to imprisonment with or without hard labour for a period not exceeding six months besides any other penalties to which he may be liable under this Ordinance.

No person shall be convicted under this Section if he shows to the satisfaction of the Magistrate before whom he is charged that he did not know that the liquor sold by him was adulterated, and that he could not have known it with any reasonable diligence.

Sale of Intoxicating Liquors.

6. No person shall sell or dispose of, or advertise or expose for sale any intoxicating liquor either by wholesale or retail within the Colony, or shall permit or suffer any such intoxicating liquor to be sold or disposed of or adver- tised or exposed for sale in his house or other place within the Colony without a licence under this Ordinance. The delivery of any intoxicating liquors shall be taken, in any proceeding under this Ordinance, to be primâ facie evidence that money or other consideration was given for the same.