724569-1858-GOVERNMENT-NOTIFICATION — Page 2

ARY 27, 1858.]

The Hongkong Government Gazette.

GOVERNMENT NOTIFICATION.

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'subjoined Opium Ordinance, as amended in Committee at a Meeting of the Legislative Council held this published for general information.

By Order,

uncil Room, Victoria, Hongkong, 22d February, 1858.

HONGKONG.

L. D'ALMADA E CASTRO,

Clerk of Councils.

ANNO VIGESIMO PRIMO VICTORIE REGINE.

No. of 1858.

By His Excellency SIR JOHN BowRING, Knight, LL.D., Governor and Commander-in-Chief of the of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative neil of Hongkong.

An Ordinance for licensing and regulating the Sale of prepared Opium,

[ February, 1858.]

Be it enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the dative Council thereof, as follows:-

Title.

Preamble.

Repeal of Ordinance 1. The whole of Ordinance No. 3 of 1845, and also so much of Ordinances No. 5 of 1845, and No. 4 of No. 3 of 1845, and of 4, as relate to Smoking Divans, or to Opium, Bhaang, Ganja, Paun, Betel, or Betel Leaf, and all Regula- parts of Ordinances Nos. 5 of 1845, and 4 s of the Governor in Council in anywise relating to the premises or any of them, are hereby repealed. of 1853.

II. .

His Excellency the Governor in Council may grant unto any Persons, for such Considerations,

The Opium privi- I upon such Conditions, and for such Terms or Periods, and in such Form as from Time to Time shall

lege to be sold to the by His said Excellency in Council regulated and determined, and also previously notified to the Public highest Bidder.

e Hongkong Government Gazette, the sole Privilege of boiling and preparing Opium, and of Selling Retailing within the said Colony, or the Waters thereof, Opium so boiled or prepared: And such lege may from Time to Time be granted to the highest Bidder, to be ascertained either by Public Auction or by Tender, to be made in pursuance of Notice to be published in the said Guzette to that effect. III.The Person, if any, actually holding any such Privilege, or in default of any such Person, His iscellency in Council, is hereby empowered to grant Licenses to all proper Persons, authorising them to censes.

and prepare Opium, and to sell and retail Opium so boiled and prepared; but such Licenses shall be rted subject to such Conditions as shall from Time to Time be by His said Excellency in Council

ated and previously notified in manner aforesaid.

Who may grant Li-

Other dealings for-

IV. From henceforward, no Person not holding any such Privilege or License, or save as he may be by ch Privilege or License in that behalf authorised, shall, within this Colony or the Waters thereof, boil bidden.

in any way prepare Opium, or sell, retail, or offer or expose for sale or retail, any boiled or prepared um; yet so that no Medical Practitioner, Chemist, or Druggist, shall be prevented from preparing or

ing Opium bona fide for medicinal purposes, the burthen of proof whereof shall be upon any Person ging the same in his defence.

V. Persons employed in any Department of the Public Service and their families, and Persons in the Persons employed ployment of them, or of any of them, are disqualified from becoming or being in any way possessed of, or in the Public Servico

cily or indirectly interested in, any Privilege or License under this Ordinance, or the profits thereof, disqualified. ether at Law or in Equity, and whether in their own right respectively, or in the right of another, and

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VI. The Laws relating to Nuisances shall not be affected by this Ordinance.

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VII. For the breach of any of the Regulations to be so made and notified as in Sections Two and Penalties may be Free mentioned, His said Excellency in Council is further empowered from Time to Time, to award and awarded by His Ex- y in the said Gazette all such Penalties as shall be deemed reasonable, which Penalties, when incurred, cellency in Council for breach of Regulations, y be recovered and levied in Manner and Form provided by any Ordinance, for the time being in force, and all Proceedings regulating Summary Proceedings for Penalties before Justices of the Peace in the said Colony; and under the same or this ewise all Violations or Disobediencies of, or Defaults in compliance with, the Provisions of this Ordi- Ordinance to be Sun-

ce, or of any Regulations made under the Powers hereby created or conferred, shall be heard and mary. termined summarily in the like manner.

Penalties under this

VIII. For every Offence against the Provisions of this Ordinance not otherwise provided for by any Regulations to be made and notified in Manner aforesaid by His said Excellency in Council, and actually in Ordinance. Arce, there shall be recovered and levied in manner aforesaid from, or imposed on the Offender in that behalf, the Penalties following, that is to say:

For every First Offence, a Fine not exceeding Two Hundred and Fifty Dollars; or Imprisonment

for a Term not exceeding Three Months, nor less than One Day.

And for every subsequent Offence, a Fine not exceeding Three Hundred Dollars; or Imprison-

ment for a Term not exceeding Six Months.

IX. If any Charge' or Complaint shall be preferred under this Ordinance, or under any of the said Informer to be paid egulations by a Person holding any such Privilege or License as aforesaid, and upon the said Charge or Oue-half of the pecu-

plaint the Defendant thereto shall be convicted, One-half of the pecuniary Penalty, (if any,) imposed uiary Penalty. on the Defendant by the Court, shall be awarded and paid to the Person preferring such Charge or Complaint.

X. In dismissing any Charge or Complaint under this Ordinance on the ground of the same being Penalties for falso ke, or frivolous and vexatious, it shall be the duty of the Court to impose upon the Person bringing charges.

he same, any Penalty not exceeding or other than the Penalty which the defendant, if convicted upon tech Charge or Complaint, would have incurred; over and above all Penalties, (if any,) which the said Person y have likewise incurred in respect of his said Charge or Complaint, or of his Evidence in support thereof,

er Ordinance No. 7 of 1857, Sections Six and Seven.

GOVERNMENT NOTIFICATION.

The subjoined List of Jurors, for the Year commencing on the 1st March, 1858, as revised and amended by lis Excellency The Governor and the Legislative Council, is hereby published for general information.

uris

By Order,

Council Room, Victoria, Hongkong, 24th February, 1858,

J. M. D'ALMADA E CASTRO,

for the Clerk of Councils.