the-ordinances-of-the-legislative-counci-1890 — Page 434

398 ORDINANCE No. 2 OF 1858.


Prepared Opium.


[See Ord. No. 1 of No. 2 of 1858 .
1879 and No. of 8
1883.]
Title. An Ordinance for licensing and regulating the Sale of prepared Opium .

[ 17th March, 1858. ]
Preamble.
E it enacted and ordained by His Excellency the Governor of Hongkong, with
B the advice of the Legislative Council thereof, as follows :

Repeal of Ordi 1. The whole of Ordinance No. 3 of 1845 , and also so much of Ordinances No. 5
nance No. 3 of
1845, and ofparts of 1845 , and No. 4 of 1853, as relate to smoking divans, or to opium, bhaang, ganja,
of Ordinances
Nos. 5 of 1845,
and 4 of 1853. paun, betel, or betel-leaf, and all regulations of the Governor in Council in anywise
relating to the premises or any of them, are hereby repealed.
The opium 2. His Excellency the Governor in Council may grant unto any persons, for such
privilege to be
sold to the
highest bidder, if considerations, and upon such conditions, and for such terms or periods, and in such
the Governor in
Council think fit. form as from time to time shall be by His said Excellency in Council regulated 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 the said Colony, or the waters thereof, opium so boiled or prepared : And such
privilege 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 Gazette to that effect : But every such bidder shall, before he is declared
the purchaser of the said privilege, give bond, with sureties, in the sum of ten
thousand current dollars at the least, to the satisfaction of His said Excellency in
Council, for the due performance of the conditions of the said privilege , and of his
stipulations in respect thereof.
Who may grant 3. The person, if any, actually holding any such privilege, or in default of any
licences .
such person, His Excellency in Council, is hereby empowered to grant licences to all
proper persons , authorizing them to boil and prepare opium, and to sell and retail
opium so boiled and prepared ; but such licences shall be granted subject to such
conditions as shall from time to time be by His said Excellency in Council regulated
and previously notified in manner aforesaid ,
Default in 4. If the consideration money for any such privilege, or any instalment thereof,
payment and
resale.
be not paid within one month next after the day appointed for the payment thereof,
the said privilege shall become and be absolutely null and void ; and, over and above
all other such liabilities as are hereinbefore or hereinafter created, the person making
default in such payment shall thereupon become and be liable to make good to the
Government, all losses or expenses incurred by or by reason of such default, or any
resale or regrant of such privilege, which His said Excellency in Council may there
upon make, and to make which he is hereby authorized.
Other dealings 5. From henceforward , no person not holding any such privilege or licence, or
forbidden.
save as he may be by such privilege or licence in that behalf authorized, shall, within
this Colony or the waters thereof, boil or in any way prepare opium, or sell, retail, or
offer or expose for sale or retail, any boiled or prepared opium ; yet so that no medical