672778-1884-Ordinance-passed-1-of-1884 — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 29TH MARCII, 1884.

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 clain 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 vexatious, 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 incur- 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 executing improperly, and without sufficient cause, 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 of the Public Service, and persons in the employment of theta, 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 licence 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 The following Ordinances are hereby repealed,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,

Unclaimed utensils.

(1 of 79, n. 15. 4 of 3, 3.2.1

False charges.

&c.

(2 of 58, e. 15.)

Irregular proceedings.

(2 of 58, s. 16.)

Public Bervants disqualified.

(2 61 58, s. 6.)

Repeals.

Ordinance No. 1 of 1879,

Ordinance No. 7 of 1879,

Ordinance No. 4 of 1883,

Ordinance No. 8 of 1883, -

but such repeal shall not alleet anything lawfully done or commenced to be done thereunder, and every Regulation, Bond, or Licence 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 cancelled, amended, withdrawn, or sliall expire.

41. This Ordinance shall commence and take effect on a day to be proclaimed by the Governor..

Passed the Legislative Council of Hongkong, this 26th day of March, 1884.

J. II. STEWART-LOCKHART, Acting Clerk of Councils.

Assented to by His Excellency the Governor, the 27th day of March, 1884.

Regulations, 8:c. to continue.

Commence- ment of Ordinance.

SCHEDULES.

A.

W. II. MARSII,

Colonial Secretary.

A.B. of

`APPOINTMENT OF EXCISE OFFICER.

The Excise Ordinatice, 188

in

is hereby appointed to be an Excise Officer under the above Ordinance, and is duly vested with all the rights, powers, and immunities of such officer under the provisions of the said Ordinance, until

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or mutil this licence is revoked by the Governor of this Colony for the time being.

ilongkong,

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+

Colonial Secretary.

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