84
Prohibition
of public officer being interested in farm.
Compensation
ful search.
No. 8.] THE ORDINANCES OF HONGKONG: [A.D. 1890
50. Persons employed in any department of the public service, persons in their employ, or 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 the right of another, and from suing for or in respect of or in any way enforcing the same.
51. If any unsuccessful search for opium has been made under section 31 or section 32 by the request or at the instigation of the Opium Farmer, and there is no reason to suppose that any opium in contravention of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace and repack any goods which may have been unpacked by reason of such search, and shall make good any damage which he may have caused thereby; and the amount of money claimed for any such damage shall be adjudicated upon by a Magistrate, and shall be recoverable as a civil debt under the provisions of any Ordinance for the time being in force relating to the jurisdiction of Magistrates and the practice and procedure before them in relation to offences punishable on summary conviction.
See Ordinance No. 3 of 1890
Penalties in cases not specially provided for.
Appropriation of penalty.
Penalties.
52. Every omission or neglect to comply with or act done contrary to the provisions of this Ordinance shall be deemed an offence, and for every offence against this Ordinance or against any regulation made thereunder, not otherwise specially provided for, the offender shall, in addition to any forfeiture of opium and implements provided for by this Ordinance, be liable, on summary conviction, to the following penalties:-
(1.) for every first offence, a penalty not exceeding five hundred dollars or imprisonment, with or without hard labour, for any term not exceeding three months; and
(2.) for every subsequent offence, a penalty not exceeding one thousand dollars or imprisonment, with or without hard labour, for any term not exceeding six months.
53. A portion, not exceeding one half, of the pecuniary penalty recovered from any offender against this Ordinance may, in the discretion of the Magistrate, be awarded to the informer, and in every case relating to prepared opium the remainder of any such penalty recovered shall be paid to the Opium Farmer, except in the cases provided for by section 41.
by ord 16.71
1671/1909
84
Prohibition
of public officer being interested in farm.
Compensation
ful search.
No. 8.] THE ORDINANCES OF HONGKONG: [A.D. 189
50. Persons employed in any department of the public service, persons in their employ, or any of them, are disqualified from becomi or being in any way possessed of or directly or indirectly interested in an privilege or licence under this Ordinance or the profits thereof, wheth at law or in equity and whether in their own right respectively or the right of another, and from suing for or in respect of or in any enforcing the same.
51. If any unsuccessful search for opium has been made unde for unsuccess section 31 or section 32 by the request or at the instigation of the Opin Farmer, and there is no reason to suppose that any opium in contraven tion of this Ordinance has been thrown away or otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace am repack any goods which may have been unpacked by reason of sud search, and shall make good any damage which he may have caused thereby; and the amount of money claimed for any such damage sha be adjudicated upon by a Magistrate, and shall be recoverable as a o debt under the provisions of any Ordinance for the time being in fore relating to the jurisdiction of Magistrates and the practice and cedure before them in relation to offences punishable on summary com viotion.
See Ordinance No. 3 of 1890
minded
Penalties in cases not specially provided for.
Appropria- tion of penalty.
Penalties.
52. Every omission or neglect to comply with or act done contra to the provisions of this Ordinance shall be deemed an offence, and fo every offence against this Ordinance or against any regulation ma thereunder, not otherwise specially provided for, the offender shall, addition to any forfeiture of opium and implements provided for this Ordinance, be liable, on summary conviction, to the following penalties:-
(1.) for every first offence, a penalty not exceeding five hundi
dollars or imprisonment, with or without hard labour, for an term not exceeding three months; and
(2.) for every subsequent offence, a penalty not exceeding
thousand dollars or imprisonment, with or without hard labour, any term not exceeding six months.
53. A portion, not exceeding one half, of the pecuniary penalty recovered from any offender against this Ordinance may, in the discretion of the Magistrate, be awarded to the informer, and in every 08 relating to prepared opium the remainder of any such penalty recovert shall be paid to the Opium Farmer, except in the cases provided for
section 41.
by ord 16.71
1671909
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