672778-1884-Ordinance-passed-1-of-1884 — Page 6

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THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCHI, 1884.

Confiscation of prepared coinm and utensils. (1 of 79, s. 7. 4 of 83, s. 1.)

Seizure of raw opium. - (1 of 79, s. 8.)

Seizure of

raw opium under on her circumstances.

(1 of 79, 93

Procedure

(2 of 59, s. 12,.

1 of 79, 8, 142)

Penalties.

(2 of 58, n. 13.

7 of 79, 0. 6.)

Disposal of fines.

(7 of 79, s. 10, 4 of 13. v. 4.)

Forfeiture of maw opiumi.

4 of 79, s. 16, 4 of 93, s. 2.)

for the said Magistrate to issue a search warrant in that behalf, and such search warrant may be executed by any Police or Excise Officer, and the officer excenting such warrant may enter any tenement, place, or vessel within this Colony or the waters thereof, and search for, and, if found, seize and hold, subject to the order of the Court hereinafter mentioned, any raw or prepared opium within such tenement, place, or vessel whereof no satisfactory explanation shall be given by the person aforesaid, and also any utensils, implements, or vessels which have been used or which are manifestly intended to be used in boiling, preparing, or smoking opium in such tenement, place, or vessel, and may also seize and hold as aforesaid any raw or prepared opium, or any such utensils, implements, or vessels, found in possession of the person aforesaid in any place whatever.

29. All boiled or prepared opium offered or exposed for sale by any unauthorised person, and all boiled or prepared opium found in the possession or custody or control of any unauthorised person or in any unauthoriseù place, and any utensils or vessels which have been used, or which are manifestly intended to be used in boiling or preparing or smoking opium by any unauthorised person, or in any unauthorised place, may be seized by a Police or Excise Officer, and shall be forfeited, and may be by a Magistrate delivered and adjuiged to the Farmer, and any unauthorised person in whose possession any such boiled or prepared opium or utensils or vessels are found may be apprehended and taken before a Magistrate by any Police or Excise Officer.

30. Whenever boiled or prepared opium is so scized as last aforesaid, and any such utensils or vessels are also seized as aforesaid, the Police or Excise Officer seizing the same may also seize any raw opium that may be found in the custody or control of such unauthorised person, or in such unauthorised place, and such raw opium shall be subject to the order of the Magistrate before whom the case is brought.

31. Whenever from any other cause there is reasonable ground to believe that boiled or prepared opium is manu- factured by any unauthorised person, or in any unauthorised place within this Colony, it shall be lawful for a Police or Excise Officer to seize any raw opium found in possession of such unauthorised person, or in such unauthorised place.

Procedure.

32. All offences against this Ordinance may be tried and all penalties under this Ordinance may be recovered in a summary way before a Magistrate.

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 offence a fine not exceeding 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 to the informer at the discretion of the Magistrate 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 Farmer.

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 umuthorised place, and it appears to a Magistrate that such boiled or prepared opium was hoiled 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. aud to direct that the same shall be delivered to the Farmer.