672763-1884-Ordinance-passed-1-of-1884 — Page 4

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224 THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 27TH MAR., 1884.

Fines under farm system.

(2 of 58, s. 12.)

Protection of Divan and Dross farmers,

Default in Payment for farm, resale. (2 of 58, 8. 4.)

Sub-licenees. (2 of 58. 6,3,}

Sales.

Certificate.

(2 of 58, 6, 7,

7 of 79, s. 3.

4 of 83, 8, 1.)

Expiry of certificate. (7 of 79, 8, 4, 4 of 83, s. 3.)

Notice of expiration of farm.

(1 of 79, s. 3.)

Restriction on Licences.

12. The Goveruor in Council may make and when made revoke, add to, or alter a scale of fines to be levied for breaches of the Regulations under which any Farm is created under this Ordinance. Every fine provided by such Seale of Fines shall be levied in the same manner as the fines imposed by this Ordinance.

13. All the provisions of this Ordinance as to searches, arrests, possession, the seizure and disposal of opin, utensils, vessels, or implements used for preparing or smok- ing the same, and the disposal thereof, penalties and their division, rewards to informers, and penalties for false charges or irregular proceedings under this Ordinance, shall apply, so far as circumstances will permit, in relation to all cases of any infraction of this Ordinance or of any regulation made thereunder with respect to Opium Smoking Divaus, or to the preparation of or dealing in dross opium.

14. If the consideration money for any Farm created under this Ordinance, or any instalment thercof, be not paid within one month next after the day appointed for the payment thereof, the said farm shall become and be abso- lutely null and void; and, over and above all other such liabilities as are hereinbefore or hereinafter created, the Farmer shall thereupon become and be liable to make good to the Government all losses or expenses incurred by, or by reason of such default in payment or any resale or regrant of such privilege which the Governor"in Council nay thereupon make, and to make which he is hereby

authorised.

15. The Opium Farmer, if any, or in default of any such farmer, the Governor in Council may at his discretion grant licences to proper persons, authorising them to boil and prepare opium, and to sell and retail, opium so boiled and prepared; but subject to such conditions as shall from time to time be by the Governor in Council regulated and previously notified in the Gazette. And the provisions of section 12 of this Ordinance as to a Scale of Fines for breaches of Regulations made under this Ordinance shall apply equally to all breaches of regulations made and notified as aforesaid with regard to such licences for the boiling and preparation of opium.

16. It shall be the duty of every person selling or retail- ing prepared opium, not being dross opium, under this Ordi- nance, to deliver therewith a certificate in English and Chinese, stamped with the stamp used by him in carry- ing on his business, specifying the amount so sold; which certificate shall be evidence of the facts therein stated, and shall not be transferable, and shall be in one of the forms provided in schedules B or C to this Ordinance, according as there is or is not, at the time of issuing such certificate, an Opium Farmer under this Ordinance. Such Certificates shall be issued from Books provided with counterfoils, and both the Certificates and the Counterfoils shall bear corresponding and consecutive printed numbers.

17. 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.

18. Every Opium Farmer shall, one month before his farm expires, give public notice, in the form provided by the schedule D hereto, that the said farm is to expire on the day to be named, and that no boiled or prepared opium purchased from such Farmer, or from any licensee of such farmer, can be used after such time without the consent of the new Farmer. Such notice shall be printed in English and Chinese, and the farmer shall supply copies thereof to all persons licensed by him under this Ordinance: and every person so licensed shall exhibit the notice in his place of sale in a conspicuous position, so as to be plainly visible to every person entering such place of sale.

19. All licensees of the Governor in Council under Section 15 of this Ordinance when there is no Opium Farmer shall during the last three months of the period of their licenses (if the Governor in Council shall have granted the Opium Farm to any Farmer) be subject to such restrictions as to the quantities of prepared opium they shall boil, pre- pare, or sell, as the Governor in Council may from time to time determine. Provided that such restrictions shall not apply to any license granted before the passing of this Ordinance.

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