the-ordinances-of-the-legislative-counci-1890v3 — Page 194

ORDINANCE No. 7 OF 1879 . 1477


Excise ( Opium. )


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 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. "

(2.) It shall be lawful for the majority of the arbitrators to determine and they
are hereby empowered to decide in each particular case what are usual quantities within.
the meaning of this Ordinance.

(3.) In case the outgoing or the incoming holder of the exclusive privilege fails
to appoint an arbitrator within ten days from his receiving notice from the Governor
so to do, [amended by Ordinance No. 4 of 1883 ] it shall be lawful for the other two
arbitrators [amended by Ordinance No. 4 of 1883 ] to proceed with the award and in case
of difference of opinion , they shall appoint an umpire, whose award shall be final and
may be filed in Court pursuant to the provisions of " The Hongkong Code of Civil
Procedure."

(4.) The Governor in fixing the time for holding the arbitration shall also fix the
period within which the award is to be completed, and the same shall be specified in
the appointment .
(5.) The arbitrators shall have the same powers as if the appointment and refer
ence to arbitration had been made by an order of the Supreme Court under the
provisions of " The Hongkong Code of Civil Procedure, " and their award in each.
case shall be final.

8. It shall be lawful for an inspector of Police having reasonable ground for Police inspector
may search ships
for prepared
believing that there is boiled or prepared opium in any ship within the waters of the opinm, without
warrant.
Colony contrary to the provisions of the opium Ordinances, (such ship not being a
ship of war or vessel having the status of a ship of war) to proceed without warrant
on board such ship and search for boiled or prepared opium and seize any boiled or
prepared opium so found , and it shall be lawful for such inspector to take the opium
so found together with the person in whose custody possession or control it is found
before a Police Magistrate, to be dealt with according to law.
Police or excise
9. It shall be lawful for any police or excise officer to arrest, without warrant ' officer may
arrest, without
any person within the Colony whom he reasonably suspects to be conveying or to have warrant,
suspected person.
concealed on his person boiled or prepared opium which has not paid duty to the
holder of the exclusive privilege, [amended by Ordinance No. 4 of 1883] and to convey
such person to the nearest Police Station, there to be dealt with according to law.

10. Section 14 of Ordinance 2 of 1858 is hereby repealed ; and in lieu thereof, it Distribution of
penalties.
is hereby enacted :-If any charge or complaint shall be preferred under " the Excise
Ordinance (Opium) 1858-1879 " or under any of the said regulations made thereunder