ORDINANCE No. 2 of 1858.
Prepared Opium.
practitioner, chemist, or druggist, not being a Chinaman, or (being such) not having an European or American diploma, shall be prevented from preparing or selling opium bona fide for medicinal purposes, the burthen of proof whereof shall be upon any person alleging the same in his defence.
399
ed in the Public Service disquali-fied.
6. Persons employed in any department of the Public Service and their families, Persons employ- and persons in the employment of them, 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.
7. It shall be the duty of every person selling or retailing prepared opium under this Ordinance, to deliver therewith a sealed certificate, specifying the amount so sold; which certificate shall be evidence of the facts therein stated, and shall not be transferable. [Amended by Ordinances No. 7 of 1879 and No. 4 of 1883, and see Ordinance No. 8 of 1883.]
8. No person shall bring into this Colony, or the waters thereof, or [(except in cases to which section 7 applies) Repealed by Ordinance No. 7 of 1879] have in his possession or custody within the same, any prepared opium. [Amended by Ordinance No. 7 of 1879.]
9. Upon lawful evidence being first given to the reasonable satisfaction of a Stipendiary Magistrate or the Superintendent of Police (duly constituted under Ordinance No. 12 of 1844), that any person within this Colony or the waters thereof hath in his possession or custody any opium contrary to section 8, or any opium prepared, sold, or retailed, contrary to this Ordinance, it shall be lawful for the said Magistrate or Superintendent to issue a search warrant in that behalf, and under such warrant any member of the Police Force 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 prepared opium within such tenement, place, or vessel, and whereof no satisfactory explanation shall have been given by the person aforesaid.
10. No regulations to be made under sections 2 and 3 shall be contrary to this Ordinance, or inconsistent therewith.
11. The laws relating to nuisances, trespasses, and other torts, shall not be affected by this Ordinance.
12. For the breach of any of the regulations to be so made and notified as in sections 2 and 3 mentioned, His said Excellency in Council is further empowered from time to time, to award and notify in the said Gazette all such penalties as shall be deemed reasonable, which penalties, when incurred, may be recovered and levied in manner and form provided by any Ordinance, for the time being in force, for regulating summary proceedings for penalties before the Court of Petty Sessions in this Colony; and likewise all violations or disobediencies of, or defaults in compliance with the provisions of this Ordinance, or of any regulations made under the powers hereby created or conferred, shall be heard and determined summarily in the like manner.
Certificate of sale to be given to purchaser.
Prohibition in other cases.
Power to issue search warrants upon lawful evidence of facts.
Regulations to be consistent with this Ordinance.
Nuisances.
Penalties may be awarded by His Excellency in Council for breach of regulations, and all proceedings under the same or this Ordinance: to be summary. [*See Ordinance No. 6 of 1862.]
ORDINANCE No. 2 of 1858.
Prepared Opium.
practitioner, chemist, or druggist, not being a Chinaman, or (being such) not having an European or American diploma, shall be prevented from preparing or selling opium bona fide for medicinal purposes, the burthen of proof whereof shall be upon any person alleging the same in his defence.
399
ed in the Public Service disquali-
fied.
6. Persons employed in any department of the Public Service and their families, Persons employ- and persons in the employment of them, 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.
7. It shall be the duty of every person selling or retailing prepared opium under this Ordinance, to deliver therewith a sealed certificate, specifying the amount so sold; which certificate shall be evidence of the facts therein stated, and shall not be transferable. [Amended by Ordinances No. 7 of 1879 and No. 4 of 1883, and see Ordinance No. 8 of 1883.]
8. No person shall bring into this Colony, or the waters thereof, or [(except in cases to which section 7 applies) Repealed by Ordinance No. 7 of 1879] have in his possession or custody within the same, any prepared opium. [Amended by Ordinance No. 7 of 1879.] 9. Upon lawful evidence being first given to the reasonable satisfaction of a Stipendiary Magistrate or the Superintendent of Police (duly constituted under Ordi- nance No. 12 of 1844), that any person within this Colony or the waters thereof bath in his possession or custody any opium contrary to section 8, or any opium prepared, sold, or retailed, contrary to this Ordinance, it shall be lawful for the said Magistrate or Superintendent to issue a search warrant in that behalf, and under such warrant any member of the Police Force 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 prepared opium within such tenement, place, or vessel, and whereof no satisfactory explanation shall have been given by the person aforesaid.
10. No regulations to be made under seotions 2 and 3 shall be contrary to this Ordinance, or inconsistent therewith.
11. The laws relating to nuisances, trespasses, and other torts, shall not be affected by this Ordinance.
12. For the breach of any of the regulations to be so made and notified as in sections 2 and 3 mentioned, His said Excellency in Council is further empowered from time to time, to award and notify in the said Gazette all such penalties as shall be deemed reasonable, which penalties, when incurred, may be recovered and levied in manner and form provided by any Ordinance, for the time being in force, for regulating summary proceedings for penalties before the Court of Petty Sessions * in this Colony; and likewise all violations or disobediencies of, or defaults in compliance with the provisions of this Ordinance, or of any regulations made under the powers hereby created or conferred, shall be heard and determined summarily in the like manner.
Certificate of sale to be given to purchaser.
Prohibition in other cases.
Power to issno search warrants. upon lawful evidence of facts.
Regulations to be consistent with this Ordinance.
Nuisances.
Penalties may be awarded by His Excellency in Council for breach of regulations, and all proceedings under the same or this Ordinance: to be summary. [* See Ordinance No. 6 of 1862.1
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