672574-1884-Bills-read-Weights-and-Measures-Opium-Stamp-Medical-Registration-Prison-Dangerous-Goods-Amendment-Mr-Chater-s-Piers--c---c- — Page 8

THE HONGKONG GOVERNMENT GAZETTE, Sти MARCH, 1884.

Penalties.

33. For every offence against the provisions of this Ordinance (or against any regulation made thereunder) not otherwise specially provided for, the offender shall be liable to the following penalties :-

(1.) For every first offcuce a fine not execoding five hundred dollars, or imprisonment for a term not exceeding three months, with or without hard labour.

(2.) For every subsequent offence, a fine not exceed- ing one thousand dollars, or imprisonment for a term not exceeding six months, with or without hard labour.

34. The pecuniary penalty imposed upon the offender shall, after the adjudication of a portion of the same not exceeding one half at the discretion of the Magistrate to the informer, be paid to the Farmer, and all the boiled or prepared opium to which the same relates may be forfeited, and by the Magistrate in his discretion adjudged and de- livered to the Farmor.

35. Where any boiled or prepared opium, or utensils or vessels used for preparing or smoking the same, are found in the possession of any unauthorised person, or in any unauthorised place, and it appears to a Magistrate that such boiled or prepared opium was boiled or prepared by such person, or in such place, or if any utensil or vessel used for boiling or preparing or smoking opium be found in the possession of such person or in such place, it shall be lawful for such Magistrate to declare any raw opium found in the possession of such person or in such place to be forfeited, and to direct that the same shall be delivered to the Farmer. 36. In case any boiled or prepared opium, or utensils or vessels used for preparing or smoking the same, are found without being apparently in the possession of any one, it shall be lawful for the Magistrate to cause a notice to be affixed at the place where any such article may be found, calling upon the owner thereof to claim the same; and in case no person shall come forward to make a claim within one week from the date of such notice, the same, together with any raw opium that may be found in the same place, shall be forfeited, and may be handed over by the Magis- trate to the Farmer.

37. In dismissing any charge or complaint under this Ordinance on the ground of the same being false, or fri- volous and vexations, it shall be the duty of the Court to impose upon the person bringing the same any penalty not exceeding the penalty which the defendant, if convicted upon such charge or complaint, would have incurred, such penalty shall be over and above any other penalties or liabilities which the said person may have likewise ineur- red in respect of his said charge or complaint, or of his evidence in support thereof.

38. Over and above all other liabilities or penalties to which, by this Ordinance or any other law, any person shall become or be subject in respect of his suing out, obtaining, issuing, or excenting improperly, and without sufficient canso, any search warrant under this Ordinance, the said person shall be further liable to the penalties spe- cified in section 33, to be enforced and levied as herein- before provided.

39. Persons employed in any department ci the Public Service, and their families, sad persons in the employment of them, or of any of them, are disqualified from becoming or being in any way possessed of, or directly or indirectly interested in any privilege or license under this Ordinance, or the profits thereof, whether at law or in equity, and whether in their own right respectively, or in the right of another; and from suing for or in respect of, or in any way enforcing the same.

40. The following Ordinances are hereby repealed,

Ordinance No. 2 of 1858, Ordinance No. 1 of 1879,

Penalties. (2 of 5%, s. 13, 7 of 79, a. 6.)

Disposal of finer.

(7 of 79, s. 10, 4 of 53, s. 4.7

Forfeiture of raw epiunt. (1 of 79, s. 16, 4 of 3, s. 2.)

Unclaimed utensils.

(1 of 79, s. 15. 4 of 8, s. 2.)

False charges,

&n

(2 of 58, s. 15,)

Irregula proccedings.

(2 of 5 s. 16)

Publie

Servants disqa ulified Cer09, 5.6.1

Repeal.

137

Ordinance No. 7 of 1879,

Ordinance No. 4 of 1883,

Ordinance No. 8 of 1883,

but such repeal shall not affect anything lawfully done or commenced to be done thereunder, and every Regulation, Bond, or License 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, or Li- cence shall be duly caucelled, amended, withdrawn, or shall expire.

Regulations, Seto aunting.