the-ordinances-of-the-legislative-counci-1890v3 — Page 184

ORDINANCE No. 1 of 1879 . 1467


Excise ( Opium.)


And whereas it is desirable to make some provisions with respect to the regulating
the quantity of opium manufactured and the transfer of the stocks of raw and prepared
opium in the possession of the person holding such exclusive privilege and his licensees
at or near the end of his term of exclusive privilege to the next holder of the same,
and to make other amendments in the said recited Ordinance :
Be it enacted by the Governor of Hongkong, with the advice of the Legislative
Council thereof, as follows :
1. The term " Excise Officer " shall mean the person appointed by the Governor Interpretation
clause.
" Excise Officer.'
under section 11 of this Ordinance, and for the purposes of this Ordinance, any boiled " Possession."
or prepared opium, or utensils or vessels used for preparing the same shall be deemed
to be in possession of any person if he knowingly have them in actual possession ,
custody, or control by himself or by any other person .
2. No person holding such exclusive privilege as aforesaid, nor any licensee under Holder of
exclusive
privilege and
such person as aforesaid, shall sell or dispose of any boiled or prepared opium at or licensees not to
authorize use
near the end of the term for which such person holds such exclusive privilege or at ofprepared
opium beyond
any time during the term for which such person holds such exclusive privilege so as in limited period .
1
either case to authorize the use of such boiled or prepared opium at any time after 12
o'clock at noon of the third day after the commencement of the term of the new holder
of the exclusive privilege, under a penalty not exceeding one thousand dollars.
[Repealed by Ordinance No. 7 of 1879. ]
3. Every holder of such exclusive privilege shall, one month before the end of Holder of
exclusive
his term of exclusive privilege expires , give public notice in the form provided by the privilege to
give notice of
expiration of
schedule A hereto that the said privilege is to expire on the day to be named and that term .
no boiled or prepared opium purchased from such holder of such exclusive privilege
or from any licensee of such holder can be used after such time without the consent of
the new holder. Such notice shall be printed in English and Chinese and the holder
of the exclusive privilege shall supply copies thereof to all persons licensed by him
under the said recited Ordinance : and every person so liceused shall exhibit the notice
in his place of sale in a conspicuous position so as to be plainly visible to every person
entering such place of sale. Any person offending against any of the provisions of
this section shall be liable to a penalty not exceeding one hundred dollars. Penalty .

4. The holder of the exclusive privilege and his licensees shall, on the expiration Out-going
holder of
of his term, hand over to the incoming holder, and the incoming holder shall take over exclusive
privilege to
hand over
from the outgoing holder all his stock of raw, boiled and prepared opium at such stocks to
incoming
prices as may be settled subject to the proviso hereinafter contained for arbitration in holder.
case of difference .

5. Neither the holder of the exclusive privilege nor his licensees shall, at or near Restrictions
on holder of
exclusive
the end of his term, manufacture more than the usual quantity of boiled or prepared privilege.
opium, or sell any boiled or prepared opium at less than the average current prices of
the day, or in greater quantities than usual at the time of the year, and shall not sell ,
export, or otherwise make away with or dispose of any of his stock of boiled or prepared
opium, but shall make over to the new holder of the said exclusive privilege the full