PREPARED OPIUM ORDINANCE

PREPARED OPIUM ORDINANCE

ORDINANCE No. 2 or. 188.

Prepared Opium.

No. 2 of 1858.

:[,9ee Ord. Ao.1 of
ia7e and no. ors
i:is3.)

rite. An Ordinance fur licensing and regulating the talc of prepared Opium.

[17th March, 1858.]

PreambleE it enacted and ordained by His Excellency the Governor of
Hongkong, with
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
nanee No. S of
1s4s,andoenarca of 1845, and No. 4 of 1863, as relate to smoking divans,
or to opium, bhaang, of ordinances
ganja,
. No s. of 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relating to the premises or any of them, are hereby repealed.
'fhe Opium
privilege to be 2, His Excellency the Governor in Council may grant unto
any persons, for such

mold to the

highest bidder, if considerations, and apon such conditionst and for such
terms or periods, and in such

tile Governor think l

8t. 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 tile 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 privile,;e, 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 duo 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. ali
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 Isis said Excellency in
Council regulated
and previously notified in manner aforesaid.
neeanlc~tn 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 hull 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.

li. From henceforward, no person not holding any such privilege or
licence; or
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; guy boiled or prepared opium ; yet
so that no medica3. .

.Other dealings
forbidden.
ORDINANCE No. 2 OF 1858.

Prepared Opium:

practitioner, chemist, or druggist, not being a Chinaman, or (being such)
not having
an European or American diploma, shall be prevented from preparing or
selling opium
bona fade for medicinal purposes, the burthen of proof whereof shall be
upon any person
alleging the same in his defence.

6. Persons employed in any department of the Public Service and their'
families,
and persons in the employment of them, or of 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 in the right of
another; and
from suing for or in respect of, or in any way enforcing, the same.

7. It shall be the duty of every person selling or retailing prepared
opium under Certificate ofaale

to be given to

this Ordinance, to deliver therewith a sealed certificate, specifying the
amount so sold; purchaser.
which certificate sball be evidence of the facts therein stated, and
shall not be
transferable. [Amended by Ordinances No. 7 of 1879 and No. 4 of 1883, and
see Ordinance
No. 8 of 1883.-I

8. No person shall bring into this Colony, or the waters thereof, or [
(except in
cases to which section 7 applies) Repealed by Ordinance No. 7 of 1879]
have in his possession
or custody within the same, any prepared opillln. [Amended by Ordinance
No. 7 of 1879.1

9. Upon lawful evidence being first given to the reasonable satisfaction
of la
Stipendiary Magistrate or the Superintendent of Police (duly constituted
under Ordi.
nance No. 12 of 1844), that any person within this Colony or the waters
thereof bath
in his possession or custody any opium contrary to section 8, or ally
opium prepared,
sold, or retailed, contrary to this Ordinance, it shall be lawful for the
said Magistrate
or. Superintendent to issue a search warrant in that behalf, and under
such warrant any
member of the Police Force may enter any tenement, place, or vessel,
within this Colony
or the waters thereof, and search for, and (if found) seize and hold,
subject to the order
of the Court hereinafter mentioned, any prepared opium within such
tenement, place,
or vessel, and whereof no satisfactory explanation shall have been given
by the person
aforesaid.
10. No regulations to be made under seotions 2 and 3 shall be contrary to
this
Ordinance, or inconsistent therewith.
11. The laws relating to nuisances, trespasses, and other torts, shall
not be affected
by this Ordinance.
12. For the breach of any of the regulations to be so made and notified
as in sections
2 and 3 mentioned, His said Excellency in Council is further empowered
from time to
time, to award and notify in the said Gazette all such penalties as shall
be deemed
reasonable, which penalties, when incurred, may be recovered and levied
in manner and
form provided by any Ordinance, for the time being in force, for
regulating summary
pr6ceedings for penalties before the Court of Petty Sessions * in this
Colony; and
likewise all violations or disobediencies of, or defaults in compliance
with the
provisions of this Ordinance, or of any regulations made under the
powers' hereby
createdor conferred,; shall be heard and determined summarily in the like
manner.

Persons employ.

ed in the Public
Service dlsqna3i-
fled.

x

Prohibition In
other eases.

Tower to iqano
search warrants -
Upon lawful
evidence of facts-

Regulations to be
consistent with
this Ordinance.

Nuisances.

Penalties may he
awarded by His
Excellency In
Council for
breach of
regulations, and'
all proceedings
vender the same -
or thisOrdinance
to be summary.
[~ 9ee Qrdivaanee
ORDNANCE No: 2 of 1858.

Prepared Opium.

Penalties under 13. For every offence against the provisions of this
Ordinance, not otherwise pro-
this Ordinance,
vided for by any regulations to be made and notified in, manner aforesaid
by leis said
Excellency in Council, and actually in force, there shall be recovered
and levied in
manner aforesaid from, or imposed on, the offender in that behalf, the
penalties follow-
ing, that is to say:
For every first offence a fine not exceeding two hundred and fifty [' five
hundred' as amended by Ordinance No. 7 of 1879 current dollars; or
imprisonment for a term not exceeding three months, nor less than one
day.

Informer to be
paid onehaif of
the pocnnlary
penalty,

And for every subsequent offence, a fine not exceeding ,five hundred ['
one
thousand' as amended by Ordinance No. 7 of 1879] current dollars ; or
imprisonment for a term not exceeding six months.

14. If any charge or complaint shall be preferred under this Ordinance,
or under

any of the said regulations, by a person holding any such privilege or
licence as
aforesaid, and upon the said charge or complaint the defendant thereto
shall be
convicted, one-half of the pecuniary penalty (if any) imposed upon the
defendant by
the Court, shall be awarded and paid to the person preferring such charge
or
complaint;-And likewise, (if the said charge or complaint were for any
offence under
section 8), the whole of the prepared opium to which the same related
shall be forfeited,
end by the said Court adjudged and delivered to the person aforesaid.
[Repealed by
Ordinance No. 7 of 1879 and new section substituted.]
,

Penalties ear 16, In dismissing any charge or complaint under this
Ordinance, on the ground
false charges.
of the same being false, or frivolous and vexatious, it shall be the duty
of the Court to
impose upon the person bringing the same, any penalty not exceeding or
otlierthan the
penalty which the defendant, if convicted upon such charge or complaint,
would
have incurred; over and above all penalties, (if any), which the said
person may
have likewise incurred in respedt.of his said charge or complaint, or of
his evidence in
support thereof, under Ordinance No. 7 of 1857, sections 6 and 7.
Penalties for 16. Over and above all other liabilities or penalties to
which by this Ordinance,
imyroper issuing,
exe6nt~on,8zc., or any other Law, any person shall become or be subject in
respect of his suing out,
of search w8r
'`a°ts' obtaining, issuing, or executing improperly, and without
sufficient cause, any search
,
warrant under this Ordinance, the said person shall be further liable to
the penalties
specified in section 13; to be enforced and levied as hereiubefore
provided.

[All repealed by Ordinance Alo. 1 of 1884.

NOTE.-Rr opium privilege regulations of the 20th March, 1858, see
GaxeiFte, 23rd
of the same ircontlc:
For further regulations of 27th July; 1869, see Gazette; 31st of the same
mooth-
For conditions of lici'neEV of the 21st February, 18-83,-see Gazette of
struts dift~
[See Ord. No. 1 of 1872 and No. of 8 1883.]
Preamble.
Repeal of Ordinance No. 3 of 1845, and of parts of Ordinances Nos. 5 of 1845, and 4 of 1853.
The opium privilege to be sold to the highest bidder, of the Governor in Council think fit.
Who may grant licences.
Default in payment and resale.
Other dealings forbidden.
Persons employed in the Public Service disqualified.
Certificate of sale to be given to purchaser.
Prohibition in other cases.
Power to issue search warrants upon lawful evidence of facts.
Regulations to be consistent with this Ordinance.
Nuisances.
Penalties may be awarded by His Excellency in Council for breach of regulations, and all proceedings under the same or this Ordinance to be summary. [* See Ordinance No. 6 of 1862.]
Penalties under this Ordinance.
Informer to be paid one-half of the pecuniary penalty.
Penalties for false charges.
Penalties for improper issuing, execution, &c., of search warrants.

[See Ord. No. 1 of 1872 and No. of 8 1883.]
Preamble.
Repeal of Ordinance No. 3 of 1845, and of parts of Ordinances Nos. 5 of 1845, and 4 of 1853.
The opium privilege to be sold to the highest bidder, of the Governor in Council think fit.
Who may grant licences.
Default in payment and resale.
Other dealings forbidden.
Persons employed in the Public Service disqualified.
Certificate of sale to be given to purchaser.
Prohibition in other cases.
Power to issue search warrants upon lawful evidence of facts.
Regulations to be consistent with this Ordinance.
Nuisances.
Penalties may be awarded by His Excellency in Council for breach of regulations, and all proceedings under the same or this Ordinance to be summary. [* See Ordinance No. 6 of 1862.]
Penalties under this Ordinance.
Informer to be paid one-half of the pecuniary penalty.
Penalties for false charges.
Penalties for improper issuing, execution, &c., of search warrants.

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No. 2 of 1858

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