689635-1878-Bills-read-first-time-Naval-Yard-Police-Opium-Amendment- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 21ST DECEMBER, 1878.

An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to amend Ordinance No. 2 of 1858 entitled “An Ordinance for Licensing and Regulating the Sale of Prepared Opium."

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WHEREAS by Ordinance No. 2 of 1858 it is enacted

(amongst other things) that the Governor in Council may grant unto any persons for such considerations and upon such conditions and for such terms and periods and in such form as from time to time shall be by the Governor in Council regu- lated and determined and also previously notified to the public in the Hongkong Government Gazette the sole privilege of boiling and preparing opium and of selling and retailing within this Colony or the waters thereof opium so boiled or prepared:

And Whereas it is by the said Ordinance also enacted that the person, if any, actually holding any such privilege is thereby empowered to grant licences to all proper persons authorising them to boil and prepare opium and to sell and retail opium so boiled and prepared:

And Whereas it is desirable to make some provisions with respect to the regulating the quantity of opium manufactured and the transfer of the stocks of raw and prepared opium in the possession of the person holding such exclusive privilege and his licensees at or near the end of his term of exclusive privilege to the next holder of the same, and to make other amendments in the said recited Ordinance:

Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I. No person holding such exclusive privilege as aforesaid, nor any licensee under such person as aforesaid, shall sell or dispose of any boiled or prepared opium at or near the end of the term for which such person holds such exclusive privilege or at any time during the term for which such person holds such exclusive privilege so as in either case to authorize the use of such boiled or prepared opium at any time after 12 o'clock at noon of the third day after the commencement of the term of the new holder of the exclusive privilege, under a penalty not exceeding one thousand dollars.

II. Every holder of such exclusive privilege shall, one month before the end of his term of exclusive privilege expires, give public notice in the form provided by the schedule hereto that the said privilege is to expire on the day to be named and that no boiled or prepared opium purchased from such holder of such exclusive privilege or from any licensee of such holder can be used after such time without the consent of the new holder. Such notice shall be printed in English and Chinese and the holder of the exclusive privilege shall supply copies thereof to all persons licensed by him under the said recited Ordinance: and every person so licensed shall exhibit the notice in his place of sale in a con- spicuous position so as to be plainly visible to every person enter- ing such place of sale. Any person offending against any of the provisions of this section shall be liable to a penalty not exceeding one hundred dollars.

III. The holder of the exclusive privilege and his licensees shall, on the expiration of his term, hand over to the incoming holder, and the incoming holder shall take over from the outgoing holder all his stock of raw, boiled and prepared opium at such prices as may be settled subject to the proviso hereinafter con- tained for arbitration in case of difference.

IV. Neither the holder of the exclusive privilege nor his licensees shall, at or near the end of his term, manufacture more than the usual quantity of boiled or prepared opium or sell any boiled or prepared opium at less than the average current prices of the day, or in greater quantities than usual at the time of the year, and shall not sell, export, or otherwise make away with or dispose of any of his stock of boiled or prepared opium but shall make over to the new holder of the said exclusive privilege the full and complete stock of raw or boiled and pre- pared opium at the marketable value thereof and in the event of any difference arising as to quantities of boiled and prepared opium manufactured or sold during the last three months of the term and the price of the same and of the nature and quantity of the raw or boiled or prepared opium so to be purchased or made over and the prices thereof, such difference shall be determined by three arbitrators, one to be appointed by the new holder of the exclusive privilege, one by the person whose exclusive privilege has expired or is about to expire, and one by the Governor, and the award of such arbitrators or a majority of them shall be final, and the arbitration or such other settlement shall be held at such time at or before or after the end of the term of the out-

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