Sale
spirit.
Title.
Preamble.
59
HONGKONG.
ANNO DECIMO SEPTIMO VICTORIA REGINE.
No. 4 of 1853.
BY His Excellency Sir SAMUEL GRORGE BONHAM, Baronet, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE TO AMEND ORDINANCES NOS. 11 or 1844 AND 5 OF 1845, and TO IMPROVE THE REGULATIONS FOR THE SALE OF SPIRITUOUS LIQUORS BY CHINESE, AND THE REGULATIONS FOR THE RETAIL AND PREPARATION OF OPIUM.
[22nd December, 1853.]
WHEREAS the Ordinance No. 11 of 1844, regulating the Sale of Spirituous Liquors, has been found inconvenient in its application to Chinese Dealers, and doubts have arisen as to the construction of the Regulations for the Retail of Opium made Certain Provisions by His Excellency the Governor on the 19th July, 1847, in pursuance of the provi- of Ordinance No, sions of Ordinance No. 5 of 1845: Be it enacted and ordained by His Excellency 11 of 1844 as to the the Governor of Hongkong, with the Advice of the Legislative Council thereof, That- mode of granting I. So much of the said Ordinance No. 11 of 1844 as refers to the mode of Licenses, &c., not to apply to Chi-granting Licenses, and as prohibits the Sale of Spirituous Liquors where a retail Shop for the Sale of other articles is kept, shall not apply to Chinese licensed to re- tail Spirituous Liquors under this Ordinance.
mese.
Superintendent of II. Any Chinese requiring a License to retail Spirituous Liquors to Chinese only Police to grant Li- censes to sell Spi- may apply to the Superintendent of Police, or such other Officer as the Governor rituous Liquors to may from time to time appoint for this purpose, who, on being satisfied that the Chinese only. applicant is a proper person to receive such License, and on payment of the establish- ed Fee into the Colonial Treasury may grant a License in the form laid down in Schedule A, which License shall not take effect until it has been countersigned by the Chief Magistrate.
Former Opium Re- golations annulled.
Opium not to be
III. The said Regulations for the retail of Opium, made on the 19th July 1847, be and the same are hereby annulled.
IV. If any person shall, without License, sell or barter raw Opium in any quantity retailed or prepar- less than One Chest, or prepare Opium in any quantity, or sell or barter prepared Opium ed without a Li- in any quantity, or keep a smoking Divan, he shall be liable to a Penalty not exceed-
ing Five Hundred Dollars.
Conse.
Prohibition
Dealers.
V. If any person not licensed to retail raw Opium shall import into the Colony against importa- raw Opium in smaller quantity than One Chest, or receive into his possession any. tion by unlicensed such raw Opium so imported, or if any person not licensed to prepare Opium, or to sell prepared Opium shall import into the Colony prepared Opium in any quantity, or receive into his possession any such prepared Opium so imported, he shall be liable to a penalty not exceeding Five Hundred Dollars.
VI. Any person requiring a License to retail Opium, or to prepare Opium, or to Superintendent of Police may grant sell prepared Opium, or to keep a smoking Divan, may apply to the Superintendent Licenses to retail of Police, or such other Officer aforesaid, who, on being satisfied that the Applicant or prepare Opium. is a proper person to receive such License, and on payment of the established Fee into the Colonial Treasury shall grant a License in the form laid down in Schedule B, which License shall not take effect until countersigned by the Chief Magistrate. VII. The Superintendent of Police may require that all persons licensed hereunder Superintendent of Police may require exhibit in front of the premises licensed their names and the number and nature of incense holders to their License, in a form to be determined by him. He may also, by inserting a Drake certain Re-special clause in the License, require all licensed persons to send in a monthly Re- ane, and may es- turn of the quantities of Opium or Spirituous Liquors retailed, sold or prepared by the preservation of them. He may also insert in the Licenses for keeping Smoking Divans the hours order in smoking during which the Divans shall be open, and any other Rules appearing to him neces-
sary for the preservation of good order therein.
tablish Rules for
Divans.
Penalties for offen-
es against License.
·
VIII. If any Holder of a License shall offend against the tenor of his License be shall be liable to pay a Fine not Exceeding One Hundred Dollars, and for a second Offence the convicting Magistrate may in addition annul the License.
Opium to be ex-
IX. No person shall receive in exchange or pledge for Opium sold by retail, any changed for Mo- article of Clothing or implement of Trade, or other such thing, but only the current ney only.
'Coin of this Colony.
tailed.
Search Warrant X. Any Magistrate on being oredibly informed that any Spirituous Liquor or may be granted for Opium is in any Ship, Boat or place for the purpose of being unlawfully retailed, seizure ofLiquor or sold, or prepared or having been unlawfully imported may issue his Warrant to search Opium intended to such place and bring before him such Liquor or Opium, and may adjudge to be be unlawfully re- forfeited to the Crown any Opium or Liquor so found that appears to him to have been in such place for the purpose of being unlawfully retailed, sold, or prepared or to have been unlawfully imported and the proof that such Opium or Liquor was - in such place lawfully and for a lawful purpose shall lie upon the person in whose possession or on whose premises such Opium of Liquor was found.
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