the-ordinances-of-the-legislative-counci-1890v3 — Page 185

1468 ORDINANCE No. 1 OF 1879 .


Excise ( Opium.)

Difference and complete stock of raw or boiled and prepared opium at the marketable value
between out
going and
incoming thereof and in the event of any difference arising as to quantities of boiled and prepared
holders of
exclusive opium manufactured or sold during the last three months of the term and the price of
privilege to be
ttled by the same and of the nature and quantity of the raw or boiled or prepared opium so
arbitration.
to be purchased or made over and the prices thereof, such difference shall be determined
by three arbitrators, one to be appointed by the new holder of the exclusive privilege,
one by the person whose exclusive privilege has expired or is about to expire, and one
by the Governor, and the award of such arbitrators or a majority of them shall be final ,
and the arbitration or such other settlement shall be held at such time at or before or
after the end of the term of the outgoing holder of the exclusive privilege as to the
Governor may seem reasonable, and any award made may be filed in Court pursuant
to the provisions of "The Hongkong Code of Civil Procedure." [Repealed by Ordinance
No. 7 of 1879, and new section substituted.]

Amendment of 6. Section 8 of the said recited Ordinance shall be amended by the insertion
Ordinance 2 of
1858.
therein and the addition thereto of the following words : -- After the word " any " in
the third line of the said section the words " boiled or " and after the word " opium "
in the fourth line thereof the words " not purchased from the holder of the existing
" privilege for the time being or his licensee the burthen of proof of which purchase
" shall lie upon any person alleging that he so purchased the same. Provided always
" that no person who may have purchased any boiled or prepared opium from the
"outgoing holder of the exclusive privilege or from any licensee of such outgoing
"holder shall be liable to be convicted for having in his possession such boiled or
" prepared opium not exceeding three taels weight at any time before noon on the third
"day after the commencement of the new holder's privilege. " [ Repealed by Ordinance
No. 7 of 1879.]

Prepared opium , 7. All boiled or prepared opium offered or exposed for sale or retail by any
&c., found in
possession of
unauthorised unauthorised person and all boiled or prepared opium found in the possession or
persons, or in
unauthorised custody or control of any unauthorised person or in any unauthorised place, except as
places may be
seized. in the last section mentioned, and any utensils or vessels which have been used or
which are manifestly intended to be used in boiling or preparing opium by any
unauthorised person or in any unauthorised place, may be seized by a police or excise
officer, and shall be forfeited and may be by a Magistrate delivered and adjudged to
the holder of the exclusive privilege for the time being, [ amended by Ordinance No. 4
and unauthor of 1883] and any unauthorised person in whose possession any such boiled or prepared
ised persons may
be taken before opium or utensils or vessels are found may be apprehended and taken before a
a Magistrate.
Magistrate by any police or excise officer.

Raw opium found 8. Whenever boiled or prepared opium is so seized as last aforesaid and any such
in possession of
unauthorised
persons or in utensils or vessels are also seized as aforesaid, the police or excise officer seizing the
unauthorised
places may same may also seize any raw opium that may be found in the custody or control of
be seized.
such unauthorised person or in such unauthorised place and such raw opium shall be
subject to the order of the Magistrate before whom the case is brought.