LIQUORS CONSOLIDATION ORDINANCE, 1911
Title
LIQUORS CONSOLIDATION ORDINANCE, 1911
Description
No. 9 of 1911.
An Ordinance to consolidate and amend the law relating to
intoxicating liquors.
[30th March, 1911]
1. This Ordinance may be cited as the Liquors Consolidation
Ordinance, 1911.
2. In this Ordinance,
(1) Adulterated liquor means any liquor mixed or
coloued to the prejudice of he purchaser with any ingredient
whatever or with water, either so as to increase its
bulk and meansure or so as injuriously to affect the quality
of such liquor or to conceal its inferior quality, or any liquor
which is not virtually of the nature and quality demanded
by the purchaser or of the liquor which it is labelled as
being or purporting to be, whether such adulterated liquor
is injurious to health or not. Spirits shall not be considered
adulterated if mixed with water only so as not to reduce the
strength below twenty-five degrees under proof in the case
of brandy, whisky, or rum, or below thirty degrees under
proof in the case of gin.
(2) Beer includes ale, porter, stout, cider, perry, spruce,
beer, black beer, and any other description of beer, and
extends to any liquor which is made or sole as a description
of beer or as a substitute for beer, and which on analysis of
a sample thereof at any time shall be found to contain more
than two per cent. of proof spirit.
(3) Brewery licence means a licence to sell beer not to
be consumed on the premises.
(4) Chinese restaurant licence means a licence to
Chinese restaurateurs for the retail sale to persons of Chinese
race only of intoxicating liquors in connexion with a bona
fide meal for which a charge of at least thirty cents can be
reasonably made, such liquors to be consumed either on the
premises or in conjunction with meals sent out, but not
otherwise ; but does not authorise the keeping of a bar.
(5) Chinese wine and spirit shop licence means a
licence to sell Chinese wines and spirits by retail or wholesale,
such liquors not to be consumed on the premises.
(6) Chinese wines and spirits means intoxicating liquors
of Chinese production or commonly consumed by the Chinese,
including samshu.
(7) Dealer's licence means a licence to sell intoxicating
liquors (Chinese wines and spirits excepted) either wholesale
or by the bottle, such liquors not to be consumed on the
premises.
(8) Denatured spirits means wines and spirits mixed
with some substance in such manner as to render the
kmixture in the opinion of a Government Medical Officer or
the Government Analyst unfit for use as a beverage.
(9) Dutiable liquors means intoxicating liquors and
native wines and spirits on which the duty has not been paid.
(10) Duty means the duty payable by law upon any
intoxicating liquors.
(11) Eating-house licence means a licence for the
keeping of any eating-house, coffee house, or other similar
house where no intoxicating liquors are sold on the premises.
(12) Export means to take or cause to be taken out of
the Colony or the waters thereof.
(13) Gallon means the imperial gallon or six reputed
quart bottles or twelve reputed pint bottles. In the case of
Chinese wines and spirits, seven and a half catties shall be
deemed to be the equivalent of the imperial gallon.
(14) General bonded warehouse means a warehouse or
place a security appointed by the Governor in Council for
the warehousing of dutiable liquors.
(15) Hotel keeper's adjunct licence means a licence
to hotel or boarding-house keepers for the retail sale of
intoxicating liquors for consumption on tbe, premises-
(a) to persons residing at the time of sale on the licensed
premises ;
(b) to persons other than such resident, only in the dining
room and in conjunction with the regular meals of the
establishment;
but does not authorise the keeping of a public bar.
(16) Import means to bring or cause to be brought
into the Colony or the waters thereof.
(17) Intoxicating liquors includes spirits, liqueurs, wines,
beer, stout, porter, cider, and perry, and all other
liquors fit or intended for use as a beverage, containing more
than two per cent, of proof spirit, but shall not include
denatured spirits.
(18) licensed warehouse means a place licensed by
the Superintendent with the approval of the Governor for
the warehousing of dutiable liquors.
(19) Native revenue officer means any revenue officer
not, of European race.
(20) Native wines and spirits means intoxicating liquors
such as are commonly distilled, made or prepared in any
part of Asia for consumption by other than Europeans.
(21) Pint bottle and quart bottle mean respectively
the reputed pint and quart bottles ordinarily used in commerce.
(22) Proof spirit means a mixture of alcohol and water
having a specific gravity of .91984 at sixty degrees Fahrenheit, distilled water
at the same temperature being taken as
unity, and containing 49.24 per cent. of alcohol by weight
or 57.06 per cent. by volume. Spirits are described as so
many degrees over proof or under proof according to
the quantity of distilled water which must be added or
deducted from 100 volumes in order to produce spirit of
proof strength. (23) Public house means any house or place of entertainment
where intoxicating liquors are sold by retail and
may be consumed on the premises, but does not include any
place of entertainment kept under an adjunct licence or a
Chinese restaurant licence.
(24) Publican's licence means a licence to keep an inn
or public house for the retail sale therein, but not elsewhere,
of intoxicating liquors other than Chinese wines and spirits.
(25) Restaurant adjunct licence means a licence to
restauranteurs for the retail sale, between such hours as the
Governor in Council may prescribe, of intoxicating liquors for
consumption on the premises and only in conjunction with a
bona fide meal for which a charge of at least thirty cents can
be erasonably made; but does not authorise the keeping of a
bar.
(26) Retail sale or sale by retail means the sale of
liquors in quanitities not exceeding two gallons at one time.
(27) Ship means any steam or sailing-vessel, motor
boat, junk, boat, sampan, or any kind of craft used or adapted
to be used either for the conveyance of persons or things by
water or for occupation by persons or storage of things
whether afloat or not.
(28) Spirituous liquors means intoxicating liquors containing
more than twenty per cent. of pure alcohol by
weight.
(29) Superintendent means the Superintendent of Imports
and Exports.
(30) Wholesale means the sale of intoxicating liquors
by the unopened cask, jar, or case, in quantities exceeding
two gallons of one liquor at one time, such liquors not to be
consumed on the premises.
PART I - LICENCES
Distillery licences.
3 - (1) No person shall make, distil, or rectify any spirits,
or shall knowingly keep or have in his possession any still
or other utensil or apparatus for making, distilling, or rectifying
spirits, without a licence under this Ordinance.
(2) The Captain Superintendent of Police may issue
distillery licences, in Form No. 1 in the First Schedule, on
each of which licences the fee specified in the Second Schedule
shall be payable in advance.
(3) Such conditions as the Governor in Council may
determine may be added to such licences.
(4) Every licensed distiller may sell the liquor which he
distils, but only in quantities exceeding two gallons of one
liquor at one time, and such liquor so sold must not be
consumed on the premises.
(5) Every holder of a distillery licence onder this Ordinance
shall permit the Superintendent or any revenue officer to
enter the premises in which distillation is being carried on
an any time during the process of such distillation.
4.--(1) It shall be lawful for the Captain Superintendent of
Police to issue a licence, free of all charge, to any apothecary,
chemist, or druggist applying for the same, to keep and use
on his premises a still of not more than eight gallons
for the purpose of his trade only: Provided that every such
person shall make a deposit of one thousand dollars or give
a bond to the Captain Superintendent of Police with two
sufficient sureties, in that sum, that the still shall not exceed
eight gallons capacity, and that he will make use of such
still, or suffer it to be made use of except for the preparation
of medicines or other articles required bona fide for medical
or scentific purposes.
(2) Every such person found to have such still without
having entered into such bond and obtained such licence
shall be deemed to be guilty of an offence.
5- (1) Every person who distils, makes, Import, sells,
disposes of, or deals in any adulterated liquor shall be guilty
of an offerce, and, if such adulterated liquor is proved to
the satisfaction of a magistrate to be injurious to health, he
shall, on a second conviction, be liable to imprisonment for
any term not exceeding six months, besides any other
penalties to which he may be liable under this Ordinance.
(2) No person shall be convicted under this section if he
shows, to the satisfaction of the magistrate, that he did not
know that the liquor imported, sold, disposed of, or dealt in
by him was adulterated, and that he could not have known
it with any reasonable diligence.
Sale of intoxicting liquors.
6. (1) No person shall sell or dispose of, or advertise or
expose for sale, any intoxicating liquor, either by wholesale
or retail, or shall permit or suffer any intoxicating liquor to
be sold or disposed of, or advertised or exposed for sale, in
his house or other place, without the appropriate licence.
(2) The delivery of any intoxicating liquor shall be taken,
in any proceeding under this Ordinance, to be prima facie
evidence of sale and that money or other consideration was
given for the same.
(3) No person shall for and on behalf of any other person
who is not the holder of a dealer's licence, accept or receive
orders for, or import on commission or act as agent for the
import of any intoxicating liquor in quantities exceeding
two gallons at one time without an appropriate licence under
which the licensee is permitted to sell such liquor as a dealer.
(4) Nothing in this section shall be deemed to affect
persons who import the intoxicating liquor solely for the
purpose of export.
7. The holder of a Chinese wine and spirit shop licence
may also sell Chinese wines and spirits wholesale; but no
person shall sell intoxicating liquors by retail without a
licence to that effect, and this section shall apply to all retail
sales of liquor to any person on pretence that he is a customer
of other goods, as well as to all sales of quantities exceeding
two gallons with an understanding that part is to be returned,
and generally to any act whatever which, under whatever
pretence, constitutes a retail sale of intoxicating liquor.
Temporary licences.
8. The Treasurer may at any time issue to any holdeer of
a publican's or adjunet licence a temporary licence for the
sale of liquors at any public entertainment or on any public
occasion, on payment of such fee, in each case, as to the
Governor may seem fit.
Publican's licences, restaurnat adjunct licences, and hotel
keeper's adjunct licences.
9- (1) All aplications for the granting or transfer of
publican's licences, restaurant adjunt licences and hotel
keeper's adjunct licences shall be made to a board of licnsing
justices, hereinafter called the Board.
(2) The Board shall consist of a chairman, vice-chairman
and five other members. The members shall hold office for
three years. The magistrates' clerk shall be ex officio
secretarty to the Board.
(3) The chairman, vice-chairman and two other members
shall be appointed by the Governor, and of the four members
appointed by the Governor under this sub-section two shall
be official and two unofficial justices of the peace.
(4) Three of the members of the Board shall be elected by
the unofficial justices of the peace from among their number:
Provided that if no nomination is received, or if nominiations
are not received for all the vacancies announced, it shall be
lawful for the Governor to appoint a justice or justices to
fill the vacancy or vacancies.
(5) If any licensing justice who was appointed by the
Governor under sub-section (3) is absent from the Colony, it
shall be lawful for the Governor to appoint another justice
to act as a member of the Board during the absence of the
substantive member. Such acting member shall be an official
or an unofficial justice according as the substantive member
is an official or an unofficial justice.
(6) If any licensing justice who was elected or appointed
under sub-section (4) is absent from the Colony, it shall be
lawful for the unofficial justices of the peace to elect from
among their number a justice to act as a member of the
Board during the absence of the substantive member:
Provided that an acting member may be appointed by the
Governor if no nomination is received for the acting appointment.
(7) Three members of the Board, one of whom must be the
chairman or vice-chairman, shall form a quorum.
10. The mode of election of licensing justices, the proceedings
incident and other matters relating thereto, shall be
governed by rules made by the Governor in Council.
11. All questions arising at any meeting of the Board shall
be determined by a majority of votes of the justices present.
In the case of an equality of votes the chairman shall have a
second or casting vote.
12. Every person desirous of obtaining a publican's or an
adjunct licence shall make application in writing to the
Board in Form No. 2 or Form No. 3 in the First Schedule,
according to the nature of the licence required. Such
application shall state the name and address of the applicant,
his nationality, the period or periods, if any, during which
he has previously held a licence, and the address and the
propsed name or sign of the premises in respect of which a licence
is desired.
13. The Board may refuse such application or they may
grant it absolutely or subject to conditions. The applicant or
twnety householders within a radius of quarter of a mile of
the premises licensed or to be licensed shall be entitled to
appeal to the Governor in Council with respect to any
decision of the Board under this section.
14. In the event of the refusal of an application by the
Board, maintained on appeal (if any), the applicant shall not
be entitled to make another applicatiion in respect of the
same premises within a period of twelve months from the
original application.
15. The Board shall in every case at least one week
previons to the grant of an application cause advertisement
to be made in the Gazette and in one local newspaper at the
expense of the applicant setting forth the name and address
of the applicant and the proposed name or sign of the
premises in respect of which a licence is desired.
16. As soon as may be after the granting of an application
the Board shall notify the Treasurer thereof: whereupon he
shall, upon payment of the fee specified in the Second
Schedule, issue to the applicant a licence in Form No. 4,
Form No. 5, or Form No. 6 in the First Schedule, according
to the nature of the licence applied for.
17. Every publican's or adjunct licence shall be valid only
until the 30th day of November next following the date on which it is granted:
Provided always that where this period.
is less than a year, a proportionate part only of the aforesaid
fee shall be charged, to which (except in the case of the
transfer of a licence) ten per cent. shall be added.
Transfer of publican's and adjunct licences.
18. The Board may, in their discretion and subject to pay-
ment of the fee specified in the Second Schedule, direct the
transfer, in respect of the saine preni isses, of any publican's or
adjunct licence to the nominee of the original holder of such
licence, such nominee making a like application as if apply-
ing for a licence on his own behalf. A note of such transfer
shall be indorsed by the Treasurer upon the licence. The
applicant or twenty householders within, a radius of quarter
of a mile of tbe premises, licensed or to bo licensed shall he
entitled to appeal to the Governor in Council with respect to
any decision of the Board under this section.
Death or insolvency of licensee.
19. In case of the dealt or insolvency of any person hold-
ing a publican's or an adjunct licence, the executor or
administrator or trustee of such licensee may carry on the
business of such licensed house until the expiration of the
licence, subject in every respect to the same regulations and
conditions as the original licensee.
Removal of business.
20. The Board may refuse to allow the business licensed
under a Publican's licence or an adjunct licence to be removed
to other premises, or they may permit such removal subject
to the payment of the fee specified in the Second Schedule.
A note of the grant of such permission shall be indorsed by
the Treasurer on the licence. The applicant or twenty house-
holders within a radius of quarter or a mile of the premises
to which the applicant desires to remove shall be entitled to
appeal to the Governor in Council with respoct to any decision
of the Board under this section.
Regulation of business.
21. Every licensed publican or adjunct licensee shall have
his full name painted in legible letters at least three inches
long, with the words Licensed to retail intoxicating liquors
constantly and permanently remaining, and plainly to be seen
cowstantly all(] perinanently iminnining, and plainly lo fle
and road, on some conspicuous part of his house; and no
person not actually holding a publican's licence or adjunct
licence (except the keeper of a Chinese wine and spirit shop
or the holder of a Chinese restaurant licence as hereinafter
provided) shall keep up any sign, writing, painting, or other
mark which may imply or give reasonable cause to believe
that his premises are licensed for retail or barter of intoxicating
liquors, or that such liquors are sold, served, or
retailed therein.
22. ( 1 ) The business of every licensed publican or
adjunct licensee shall be carried on subject to the following
conditions:-
(a) no liquor shall be sold or drunk upon any licensed
permises other than premises licensed under a Chinese
restaurant licence except between 8 a.m. and midnight:
Provided that the Governor in Council may by notification
alter such hours;
(b) no disorder shall be permitted on the premises;
(c) no person shall be allowed to become drunk on the
premises, nor shall liquor be supplied to any person who is
drunk;
(d) no game of chance shall be played on the premises;
(e) a decent and suitable privy and urinal shall be maintained
in a state of cleanliness and good repair for the use of
customers;
(f) the licensee shall not abandon the occupation of his
house or permit any other person to become virtually the
keeper thereof; and
(g) the licensee shall not employ any person to sell or
dispose of any liquors outside of his licensed premises, nor
shall be allow or suffer any liquors to be so disposed of on
his account;
(2) in the case of the business of every licensed publican
the following conditions shall also apply:-
(a) the licensee excepted, no woman or girl whether belong-
ing to the licensee's family or not, shall be permitted to serve
or act in any capacity in the bar room or in any room directly opening
out of the bar room; and
(b) the standard of quality of spirits as fixed by the Governor
in Council shall be declared on the label of each bottle.
(3) It shall be lawful for the Governor in Council to amend
or repeal the conditions contained in this section.
28. No licensed publican or adjunct licensee shall
maintain any action for, or recover any debt or demand on
account of intoxicating liquor, unless such debt has bona
fide been contracted at one time to the amount of five dollars
or upwards, nor shall any item in any account for such
liquor be allowed where the liquor bona fide delivered at
one time does not amount to the full sum of five dollars, nor
shall any claim be allowed against any seaman or soldier in
His Majesty's service for debt for intoxicating liquor supplied:
Provided always that nothing herein contained shall extend
to prevent any innkeeper from keeping an account with a
lodger in which any charge for liquors may be included,
and recovering the amount thereof in any court.
General.
24. No person licensed under this Ordinance shall take
or receive in payment or pledge for liquor or any entertain-
ment whatever supplied in or out of his house any article or
thing whatever, except money.
25. Every person licensed under this Ordinance shall
sell and dispose of his liquors by the measures or weights
legalized in the Colony and not otherwise, except when the
quatity is less than half a pint, or except, when the liquor
is sold in bottles ; he shall also measure or weigh such
liquors in the presence of any customer who may require
him to do so.
26. If any person is convicted of unlawfully retailing anhy
intoxicating liquor, the house and premises of such person
and the house, lodging, shop, or warehouse where such
offence has been committed, and any court or yard connected
therewith, shall be liable to be searched, at any time of the
day or night, by any police officer, with or without a warrant,
for six months next after such conviction, provided that the
same or any part thereof is then occupied by the person so
Convicted.
27. Whenever any police officer finds any person drinking
in any place in which any intoxicating liquor is sold or
disposed of by retail, and the licence for such sale is not, on
demand, produced to such police officer, it shall be lawful
for him to appehend all such persons so found drinking
therein; and every such person so found drinking shall, if
such place is in fact unlicensed, be liable upon summary
conviction, to a fine not excededing twenty dollars, unless
such person informs against such unlicensed person or
voluntarily becomes a witness against him, in respect of
such act of selling and retailing.
28. No master or other person employing journeymen,
workmen, servants, or labourers, and not being the licensed
keeper of a house in which any intoxicating liquor is sold or
disposed of by retail, shall pay or cause any payment to be
made to any such journeyman, workman, servant, or labourer
in or at any such house.
29.- 1) Every person licensed under this Ordinance
shall produce his to any police officer, on being
required to do so.
(2) Any European officer of police shall have free access
to every part of any house licensed under sections 16, 33 or
34, at any hour of the night or day.
Dealer's licences.
30.-(1) Every person desirous of obtaining a dealer's
licence to sell intoxicating liquors shall apply to the Treasurer,
who may, in his discretion, grant to the applicant a licence
in Form No. 7 in the First Schedule, upon payment of the
appropriate fee specified in the Second Schedule.
(2) Such licence may be renewed annually on like
conditions.
31. (1) It shall be lawful for the Governor in Council
to make regulations and conditions for the granting of a
dealer's licence.
(2) Such regulations or conditions may require the
providing by applicants of one or more sureties, and may
regulate the times of commencement and expiry of such
licences, the hours and conditions of sale, and all other
matters connected with such licences.
Chinese wine and spirit shop licences.
32--(1) The Captain superintendent of Police may grant
a licence, in Form No. 8 in the First Schedule, to any person
to sell Chinese wines and spirits, by retail and wholesale,
such Chinese wines and spirits not to be consumed on the
premises where they are sold.
(2) The holder of any such licence shall exhibit con-
spicuously and permanently in front of his licensed place of
business, his name and the number and the nature of such
licence, on a sign, the size and design of which shall be
approved by the Captain Superintendent of Police.
(3) The fee for such licence shall be that specified in the
Second Schedule and shall be paid to the Treasurer.
(1) The Captain Superintendent of Police may permit the
transfer of any such licence, in Form No. 9 in the First
Schedule.
Chinese restaurant licences.
33 - (1) Application for Chinese restaurant licenees shall
be made to the Secretary for Chinese Affairs.
(2) The Secretary for Chinese Affairs, after referring such
applications to the Captain Superintendent of Police, may
with his concurrence grant a licence, in Form No. 10 in the
First Schedule.
(3) The fee for such licence shall be according to the
scale set forth in the Second Schedule, and shall be paid to
the Treasurer before the issue of the licence.
(4) The holder of such licence shall exhibit conspicuously
and permanently in front of his licensed place of business,
his name and the number and nature of such licence, on a
sign, the size and design of which shall be approved by the
Captain Superintendent of Police.
(5) The provisions of section 22 (1), (b), (c), (e) and (f)
shall apply to a business carried on under a Chinese res-
tauraut licence: Provided that the Governor in Council
may make regulations or conditions on the granting of a
Chinese restaurant licence.
(6) In case of the death or insolvency of the holder of a
Chinese restauraut licence, the executor or administrator or
trustee (as the case may be) of such licensee may carry on the
business until the expiration of the then current licence,
subject to the same regulations and conditions as the
original licensee.
(7) The Secretary for Chinese Affairs may, in his discre-
tion, permit the transfer of any such licence, in Form No. 11
in the First, Schedule.
Licences for eating-houses.
34. (1) Eating-house licences shall be granted by the
Treasurer in Form No. 12 in the First Schedule, upon pay-
ment of the fee specified in the Second Schedule.
(2) Such conditions as the Governor in Council may
determine may be added to any licence granted under this
section, and no intoxicating liquor shall be sold or opium
smoked on such premises.
(3) The Treasurer may, in his discretion, permit the
transfer of such licence,and such transfer shall be by the
indorsement of the Treasurer.
(4) No person (unless licensed to retail intoxicating
liquors to be consumed on the premises) shall kep an
eating-house, coffee house, refreshment bar or saloon,
restaurant or other place, where meals or refreshments are
supplied to persons not resident on the premises without a
licence granted under this section.
35. No person licensed under section 34 shall knowingly
or wilfully permit dirorderly conduct in his licensed premises,
or knowingly suffer any unlawful game or gaming
therein, or knowingly permit or suffer any prostitute to
frequent such premises or to remain therein.
licence granted under this section.
35. No person licensed ultdel. section 34 shall. knowingly
or wilfullY perillit, coliduct b-1 llis license,(] Prell-1-
ises, ol. knowingly suffer any iiiilawfjil gaine ol. gaming
therein, ol. knowingly pertnit or suffer any pi,ostitxite to
frequent, such premises ol. to ren---lain therein.
hy Law Per. Ord', 1921.
Brewery licences.
36.-(1) It shall be lawful for the Governor in Council
to make regulations and conditions for the grant of brewery
licences, and beer sold under such licences shall not be
consumed on the premises.
(2) Such regulations or conditions may regulate the
times and commencement and expiry of such licences, the
conditions of sale and all other matters connected with such
licences.
(3) The fee for such licences shall be that specified in the
Second Schedule and shall be paid to the Treasurer.
Sale of liquor by licensed auctioneers.
37. Nothing in this Ordinance shall render it illegal
for an auctioner, holding an auctioneer's licence, to sell
intoxicating liquor by auction, kwithout any licence, upon his
own premises for a principal holding an appropriate liquor
licence, or upon premises in respect of which his principal
holds an appropriate licence authorising such principal to
sell such intoxicating liquor, or in cases where such liquor
is the property of the Imperial or Colonial Government, or
forms part of the estate of a bankrupt or deceased person, or
is sold by order of court, or where, in any particular case, on
application made, the Colonial Secretary grants permission
for such sale by auction, whether upon licensed premises or
elsewhere.
Alteration of licence fees.
38. The Legislative Council may be resolution alter any
of the fees prescribed under this Ordinance in respect of all
or any of the licences therein mentioned, and may at any time
substitute in whole or in part a schedule of fees for that
contained in the Second Schedule.
Special forms of licence.
39. In addition to the forms of licences authorised by this
Ordinance and notwithstanding anything herein contained,
it shall be lawful for the Governor in Council at any time to
grant any similar licences in such form and subject to such
terms and conditions in all respects as he may determine,
and subject to the payment of such fees as may be prescribed
in such licences.
Power to transfer duties.
40. It shall be lawful for the Governor in Council by
notification to apoint such officedr as he may think fit to
exercise all or any of the duties in connexion with the issue
of licences which are under this Ordinance vested in the
Treasurer, the Captain Superintendent of Police, the Secretary
for Chinese Affairs or other officer of the Government.
PART II.
DUTIES.
41.-(1) lt shall be lawful for the Legislative Council by
resolution to assess the duties to be paid upon intoxicating
liquors imported into, distilled, made or prepared in the
Colony.
(2) The duty upon intoxicating liquors imported shall be payable-
(a) if such liquors are not forthwith in accordance with
the provisions of this Ordinance removed into a general bonded or licensed
warehouse or into another ship -
before the removal of them from the ship in which they are
improted;
(b) if such liquors are forthwith removed into a general
bonded licensed warehouse-
before the removal of them from such general bonded or
licensed warehouse, unless such removal is for export or into
another general bonded or licensed warehouse.
(3)The duty upon intoxicating liquors distilled, made or
prepared in the Colony shall be payable before the removal
of such liquors from the factory or place in which they are
distilled, made, or prepared, unless such removal is for export
or into a general bonded warehouse or licensed warehouse.
[s. 42, rep. Law Revision Ordinance, 1924.]
43.-(1) Where, any new duty is imposed, or where any
duty is increased, and any goods in respect of which the duty
is payable are delivered after the day on which the new or
increased duty takes effect in pursuance of a contract made
before that day, the seller of the goods may, in the absence
of agreement to the contrary, recover, as an addition to the
contract price, a sum equal to any amount paid by him in
respect of the goods on account of the new duty or the
increase of duty, as the case may be.
(2) Where any duty is repealed or decreased, and any
goods affected by the duty are delivered after the day on
which the duty ceases or the decrease in the duty takes effect
in pursuance of a contract made before that day, the purchaser
of the goods, in the absence of agreement to the contrary,
may, if the seller of the goods has had in respect of those
goods the benefit of the repeal or decrease of the duty, deduct
from the contract price a sum equal to the amount of the duty or
decrease of duty, as the case may be.
(3) Where any addition to or deduction from the contract
price may be made under this section on account of any new
or repealed duty, such sum as may be agreed upon, or in
default of agreement determined by the Superintendent, as
representing in the case of a new duty any new expenses
incurred, and in the case of a repealed duty any expenses
saved, amy be included in the addition to or deduction from
the contract price, and may be recovered or deducted
accordingly.
(4) This section applies although the goods have under-
gone a process of manufacture or preparation, or have become
a part or ingredient of other goods.
Import and export of intoxicating liquors.
44 - (1) No person shall import or export dutiable liquors
or denatured spirits except into or from such ports or places
as may be notified by the Governor.
(2) No person shall import or export dutiable liquors or
denatured spirits by land except under and in accordance
with such regulations and restrictions as may be prescribed
by the Governor in Council.
45. No master of any ship shall allow any dutiable liquors
or denatured spirits to be discharged from his ship without
a permit from the Superintendent as hereinafter provided,
unless such liquors or spirits are received by the person in
charge of a general bonded warehouse and forthwith stored
in a general bonded warehouse.
46 - (1) No person except the person in charge of a
general bonded warehouse shall remove any dutiable liquors
from any ship in which the same have been improted with-
out a permit in Form No. 1 in the Third Schedule in the case
of liquors on which duty is to be paid before such removal, or
in form No. 2 in the Third Schedule in the case of liquors
to be stored in a general bonded or licensed warehouse and
except in accordance with the conditions in such permit
contained.
(2) In the case of liquors on which duty is to be paid before
such removal, the Superintendent shall upon receiving a
requisition filled in in duplicate therefor, in Form No. 1 in
the Third Schedule authorising the removal of such liquors on
the conditions stated in such permit.
(3) In the case of liquors to be stored in a general bonded
or licensed warehouse, the Superintendent shall upon receiving
a requisition filled in in duplicate therefor in Form No. 2
in the Third Schedule, issue a permit in Form No. 2 in the
Third Schedule authorising the removal of such liquors on
the conditions stated in such permit.
Provided that before issuing any permit under this section
the Superintendent may demand the production of any
invoices, bills of lading, or other documents relating to the
liquors in respect of which such requisition has been received,
and the person making the requisition shall on such demand
produce the same.
47. - (1) No person except the person in charge of a
general bonded warehouse shall remove any denatured spirits
from any ship in which the same have been imported without
a permit in Form No. 4 in the Third Schedule, and except
in accordance with the conditions in such permit contained.
(2) Such permit shall be issued by the Superintendent on
the condition stated therein upon receiving a requisition
filled in in duplicate therefor in Form No. 4 in the Third
Schedule, and shall not be granted except upon condition
that such spirits shall be placed in a general bonded or
licensed warehouse pending the production of proof by the
master or agent of the ship or the importer of such spirits to
the satisfaction of the Government Analyst, or of such other
person as the Governor may appoint in that behalf, that such
spirits are denatured spirits within the meaning of this
Ordinance.
48. The Superintendent shall grant a receipt in Form No.
5. in the Third Schedille for any sum received by him in
respect of any duty upon liquors on which duty is payable.
49.-(1) -To persort intending to export dutiable liquors
shall remove the same for exportation from any general
bonded or licensed warehouse where they may be stored
without a permit in Form No. 3 in the Third Schedule, and
except in accordance with the conditions in such permit
contained.
(2) Such permit shall be issued by the Superintendent
upon receipt of a requisition in Form No. 3 in the Third
Schedule ; it shall be furnished in triplicate, and one copy
thereof shall be delivered to the person in charge of such
general bonded or licensed warehouse, and the exporter shall
on shipping such liquors procure a receipt for the same
signed by the master or mate of the ship in which the liquors
are to be exported to be indorsed on another copy of such
permit, and shall forthwith deliver such copy and receipt to
the Superintendent.
(3) The Superintendent may refuse to issue any permit to
export dutiable liquors by any Ship until seventy-two hours
before such ship intends to leave the port.
Provided that before issuing any permit under this section
the Superintendent may demand the production of any ship-
ping orders, bills of lading, or other documents relating to
the liquors in respect of which such requisition has been
received, and the person making the requisition shall on
such demand produce the same.
50. No dutiable liquors shall be removed for export from
the general bonded or licensed warehouse in which they
are stored except in closed cases or vessels each containing
not less than two gallons or the reputed equivalent of two
gallons.
51. No dutiable liquors, except such as are exported to
one consignee in one consignment in quantities of not less
than forty gallons if in cask or the reputed equivalent
thereof forty gallons if in cask or the reputed equivalent
bonded or licensed warehouse for export unless the cases or
vessels containing the same shall be clearly and permanently
marked by stencil or otherwise on at least three sides in
letters not less than three inches long, with the words For
Export.
52.---(1) The owners, charterers, agents and master of
every ship which arrives in the waters of the Colony shall
within four hours after such arrival, or so soon thereafter as
the office of the Superintendent may be open, furnish to the
Superintendent a true, accurate and complete statement of
all dutiable liquors imported thereon.
(2) The owners, charterers, and agents of every ship which
leaves the waters of the Colony shall within twenty-four
hours after such departure, or so soon thereafter as the office
of the Superintendent may be open, furnish to the Superin-
tendent a true, accurate and complete statement of all dutiable
liquors exported thereon which have been entered on the
ship's manifest or for the receipt of which for export the
owners, charterers, agents or master or any person acting on
their or his behalf have issued a receipt, to any person.
(3) If no dutiable liquors have been imported or exported,
as the case may be, on any particular ship, the owners,
Charterors, agents and master of such ship shall within the
respective times aforesaid furnish to the Superintendent a
statement to the effect that no dutiable liquor was so imported
or exported, as the case may be.
58.--(1) Every import or export statement furnished in
accordance with the provisions of this Ordinance shall be
signed by the partly furnishing it and shall contain such
particulars as may be appointed by the Governor in Council
and in default of such appointment shall be in Form No. 7
or Form No. 8, as the case may be, in the Third Schedule.
(2) Every import or export statement furnished in accord-
ance with the provisions of this Ordinance shall be on a
separate, form which shall contain no reference to any
commodity except dutiable liquors, and no statement which is
furnished for the purpose of compliance with the provisions
of any other Ordinance shall be accepted as a complaince
with the provisions of this Ordinance.
54. Any person who has obtailed a permit to move any
liquors from any ship or to remove any liquors for exportation
and has not availed himself thereof on the day stated therein,
shall within twenty-four hours from such date, or as soon
thereafter as the Superintendent's office is open for business,
return such permit to such office.
55. No person shall re-land or permit the re-landing of
any liquors shipped under any permit or knowingly neglect
or omit to cause such liquors to be exported in accordance
with the terms of such permit.
storage of dutiable liquors.
56. The Governor in Council may approve and appoint
premises to be general bonded warehouses for the ware-
housing of dutiable liquors. If such appointment is revoked,
all dutiable liquors warehoused in such warehouse shall be
removed as the Governor may direct.
57.- (1) The Superintendent may, with the approval of
the Governor, grant licences for the warehousing of dutiable
liquors in places to be specified in such licences and to be
called licensed warehouses. The Governor may at any time
cancel the licence of auy such warehouse, and thereupon all
dutiable liquors warehoused therein shall be removed as the
Grovenior may direct.
(21) The Governor in Council may classify the warehouses
to which such licences are issued or intended to be issued.
(3) The Legislative Counicil may at any time by resolulion
alter the fees which may be charged for such licences in
respect of all classes or any class of such warehouses; Pro-
vided however that no fee shall be charged for a licence
granted to the naval or military authorities for naval or
military purposes.
(4) Subject to the provisions of sub-sectlon (3), the fee for
every such licence shall be two hundred and fifty dollars per
annum.
(5) No such licence shall be transferable without the
consent of the Governor.
58. - (1) The person in charge of any general bonded
warehouse and the licence of the licensed warehouse shall
it all time, during the usual business hours allow the Super-
Intendent or any revenite officer to enter such warehouse
and to inspect the stocks of liquors kept therein and to take
samples thereof, and to inspect and make copies of and
extracts from any books of account kept in connexion
therewIth.
(2) The person in charge of any general bonded warehouse
and the licensee of any licensed warehouse shall at all times
keep proper books showing such parliculars of all dutiable,
liquors warehoused therein and of all liquors removed
therefrom as shall be prescribed by regulations to be made
by the Governor in Council.
(3) The person in charge of a general bonded warehouse
and the licensee of a licensed warehouse shall be liable to
the Superintendent for the payment of any duties payable in
respect of the liquors warehoused therein, and shall prevent
the removal of dutiable liquors and denatured spirits there-
from except in accordance with the provisions, of section 60.
59.--(1) No person shall store or keep or have in his
possession or control any dutiable liquors except in a general
bonded or license warehouse or in the ship in which they
have been imported.
(2) No person shall have in his possession or control in a
general bonded or licensed warehouse any intoxicating
liquors or denatured spirits imported contrary to the pro-
visions of this Ordinance. Which have come into or are
in his possession of control contrary to the provisions of
this Ordinance.
(3) No person shall sell on offer for sale, and no person
shall buy, any dutiable liquors stored elsewhere than in a
general bonded or licensed warehouse, or in the ship in
which they have been imported.
60.---(1) No person shall remove any dutiable liquors or
denatured spirits from any general bonded or licensed ware-
house, except for export under an export permit, without a
permit from the Superintendent in Form No. 2 in the Third
Schedule, and except in accordance with the conditions in
such permit contained.
(2) Such permit shall be issued by the Superintendent
upon receipt of a requisition filled in in duplicatc in Form
No. 2 in the Third Schedule : Provided always that the
Superintendent shall refuse to issue a permit-
(a) for the removal of any such liquors except in closod
cases or vessels each containing not less than two gallons or
the reputed equivalent of two gallons;
(b) If such liquors are to be removed for purposes other
than export to any place other than a general bonded or
licensed warehouse, except upon payment of the duty
thereon.
61. If it shall appear at any time that there is a deficiency
in any general bonded or licensed warehouse in the quantity
of dutiable liquors which ought to be found stored therein,
the person in charge of such general bonded warehouse or
the licensee of such licensed warehouse, as the ease may be,
shall be liable to pay to the Superintendent the duty leviable
upon such deficiency, and shall in the absence of proof to
the contrary be presumed to have illegally removed such
liquors : provided always that shall person in charge or
such licensee shall not be held liable for any deliciency which
he may prove to have been caused by leakage or breakage
or other accident.
Distillation and manufacture.
62.--(1) All intoxicating liquors distilled, made, or pre-
pared by any person holding a licence under this Ordinance,
or under the New Territories Regulation Ordinance, 1910,
shall be deemed to be dutiable liquors, and the place of
distillation, making, or preparation shall be deemed to the a
licensed warehouse for the purpose of storing such liquors,
and the person holding a licence for such place shall for the
purposes of this Ordinance be deemed to be the licensee of
such warehouse.
(2) Such waehouse shall not be used for the storage of
any dutiable liquors whatsoever other than those distilled,
made, or prepared therein.
(3) There shall be no fee payable in respect of such
warehouse.
63. Nothing in this Ordinance contained shall apply
to any distillation by a medical practioner or person
registered as a chemist and druggist under the Pharmacy
and poisons Ordinance, 1916, which is proved to be for
genuine medicinal or scientific purposes, or to any distilla-
tion of essential oils.
Keeping of intoxicating liquors by licensees.
64. Every person who holds a licence under this Ordinance,
or under the new Territories Regulation Ordinance,
1910, shall-
(a) on demand by the Superintendent render an account
in writing of the quantity and description of the intoxicating
liquors in his possession, custody, or control;
(b) permit the Superintendent or any revenue officer to
enter the premises in which such liquors are stored at any
time between 6 a.m. and 9 p.m. and inspect the same.
65. No. person who holds a licence as above shall store
or keep on his licensed permises any dutiable liquors, and
in the absence of proof to the contrary any dutiable liquors
found on such permises shall be presumed to be stored or
kept by such licensee.
Revenue officers.
66. - (1) The Superintendent may grant to any person
approved by him a warrant, in Form No. 6 in the Third
Schedule, to act as a revenue officer under this Ordinance.
(2) The Superintendent shall have power to with draw at
any time any warrant so granted by him.
(3) Every revenue officer shall supplied with suitable
badge of office which shall be returned to the Superintendent
when the warrant is withdrawn.
[(4), rep. No. 43 of 1912.]
(5) Every native revenue officer shall, before appointment,
be examined and approved by the Superintendent and the
Principal Civil Medical Officer, and having been so examined
and approved according to the forms in the Fifth Schedule
shall go before a magistrate and answer the questions, and
subscribe and take the oath or make the declaration in the
Sixth Schedule.
(6) Every native revenue officer shall engage and bind
himself to serve in that office for the term of three years,
during which term he shall not, be at liberty to resign his
office or to withdraw himself from the duties thereof, except
as is hereinafter provided.
(7) In case any native revenue officer who has completed
his period of three years service is desirous of continuing
to serve in the same capacity, he shall be at liberty to
engage and bind himself for a further term of three years
on similar terms and conditions, and shall take the oath or
make the declaration prescribed by sub-section (5), provided
always that his re-enlistment is approved by the Superin-
tendent.
[(8), rep. No. 43 of 1912.]
(9) Any native revenue officer shall be entitled to claim
his discharge at any time on his to the Superintendent
three months notice of his wish to withdraw and paying a
sum equivalent to two months pay for each unexpited year
of his term of appointment : Provided always that it shall
be lawful for the Governor to remit the whole or any part
of the said sum.
(10) Every native revenue officer who, having duly
engaged and bound himself to serve in that office, deserts
therefrom or refuses to perform his duty therein, shall upon
summary conviction be liable to a fine not exceeding two
hundred dollars.
(11) Any native revenue officer imprisoned for default of
payment of a fine imposed under sub-section (10), shall
forfeit all pay during his imprisonment.
(12) The Superintendent shall, in case of breach of
discipline or neglect of duty by any native revenue officer,
on proof thereof to his satisfaction, have power to order the
offender to forfeit a sum not exceeding ten dollars.
(13) All sums forfeited under sub-section (12) shall be
paid into the Treasury, and shall be applied to such purposes
in connexion with the imports and Exports Office as the
Governor may direct.
(14) Every revenue officer when acting against any person
under this Ordinance shall declare his office and produce
his badge of office to such person.
(15) Every revenue officer who refuses or neglects without
reasonable excuse to return fits badge to the Superintendent
in contravention of this Ordinance shall be liable to a fine
not exceeding fifty dollars, or to imprisonment for any term
not exceeding three months.
67.---( 1) All police officers, shall have the powers of a
revenue officer under this Ordinance.
(2) Every police officer when acting against any person
under this Ordinance shall, if not in uniform, declare his
office and produce to the person against whout he is acting
such bad as the Captain Superintendent of Police may
direct to be carried by police officers when employed on
special service.
68. - (1) Every person lnding from any ship or entering
the Colony by land accompaniesd by any goods or baggage
shall----
(a) on demand by any revenue or police officer, either
permit his goods and baggage to be searched by such officer,
or together with such goods and baggage accompany such
officer to a police station and there permit his goods and
baggage to be searched by any revenue or police officer in
the presence and under the supervision of a European police
officer or other police officer not below the rank of sergeant.
If the person landing is of European race the demand
aforesaid shall be made by a European officer;
(b) on demand by any European revenue or police officer
or other police officer not below the rank of sergeant, permit
his goods and baggage to be searched by such police officer
or by any revenue officer in the presence and under the
supervision of such police officer :
Provided always that the goods and baggage of any person
who claims to be present when they are searched shall not
be searched except in his presence.
(2) Any person who refuses to comply with any lawful
demand under this section may be arrested without warrant
by the officer making the demand.
69. Any box, chest, package, or other article (not being
passenger's baggage accompained by the owner) which is
being landed or has been recently landed from any ship, or
which is in or upon any ship (not, being or having the status
of a ship of war), islet, landing place, wharf, warehouse, or
place adjoining any wharf and used in connexion therewith,
or which is being removed from any such ship, islet, or other
place, or which is being brought into or has recently been
brought into the Colony by land-
(a) may be examined and searched by any revenue officer,
and may be detained until any person in charge thereof
shall have opened the same to admit of such examination
and search, and in default of such opening may be removed
by such officer to a police station;
(b) may be broken open by the orders of any European
police officer or other police officer not below the rank of
sergeant to facilitate such examination and search, provided
that any person in charge or possession of such box, chest,
package, or other article shall be afforded every reasonable
facility for being present at such breaking open, examination,
and search.
70. No search of goods or baggage shall be,made under
the provisions of sections 68 or 69 unless there is reaonsa-
ble cause to suspect that such goods or baggage contain
dutiable liquors or denatured spirits.
71. Any revenue officer may board any ship, not being
or having the status of a ship of war, and remain on board
as long as such ship remains in the waters of the Colony.
[s. 72, rep. No. 6 of 1913.]
73. If any search made without warrant under this Ordinance
is unsuccessful and there is no reason to suppose that
any intoxicating liquors, denatured spirits, or other articles
liable to forfeiture under this Ordinance have been thrown
away or otherwise disposed of in order to avoid detection, the
Superintendent shall repack or cause to be repacked any goods
unpacked during such search and shall make good any damage
caused thereby. In the event of any dispute as to the
amount of damage to be made good by the Superintendent
not being settled within twenty-four hours from the time of
such dispute first arising, such amount shall be ascertained
by a magistrate, and the Superintendent shall pay such amount
so ascertained immediately upon production by the
aggrieved person of a certificate thereof under the hand of the
magistrate.
PART III.
Warrants, proceedings, offences, penalties and forfeitures.
74. Whenever it appears to any magistrate upon the oath
of any person of repute that htere is good cause toe believe
that there are in any building, vessel (not being or having
the status of a ship of war), or place any intoxicating liquors
or denatured spirits or other articles subject to forfeiture as
to which a offence has been or is about to be committed
against any of the provisions of this Ordinance, such magistrate
may, by warrant directed to any European police or
revenue officer, empower such officer, with such assistants as
may be nedessary, by day or night -
(1) to enter and if necessary to break into such building,
vessel, or place and to search for and take possession of any
such intoxicating liquors, denatured spirits, or other
articles;
(2) to arrest any person who appears to have such intoxicating
liquors, denatured spirits, or other articles in his possession,
custody or control.
75. All convictions and fines and penalties under this Ordinance
shall be had and recovered summarily, but proceedings
for the recovery of any such line or penalty shall be commenced
within six months after the offence was committed.
76.-(1) The magistrate intay adjudicate any portion not
exceeding half of a line under this Ordinance to the
informer.
(2) All articles seized and forfeited under this Ordinance
shall be sold, lo if unsalesable shall be destroyed or otherwise
disposed of by the Superintendent.
17. On any trial before any magistrate, and in any proceed-
ings on appeal in the Supreme Court relating in any of the
above cases to the seizure of articles under this Ordinance, it
shall be lawful for such magistrate, or court, and such magsi-
trate or court is hereby required, in proceed to such trials
and to the hearing of such appeals on the merits of the case
only without reference to matters of form, and without inquir-
ing into the manner or form of making any seizure, excepting
in so far as the manner or form of seizure may be evidence
on such merits.
78. Every requisition received and a copy of every permit
issued by the Superintendent shall be entered in the Superin-
tendent's office in a book or books, and the production of any
extracts from the said books or of any certificate as to
requisitions for and grants of permits certified or purporting
to be certified under the hand of the Superintendent shall on
the trial of any person charged with an offence under this
Ordinance be proof of the facts set out in the said extracts
and certificates till the contrary is shown by or for the
person so charged, and the absence of requisitions and of
copes of permits from the said books shall be proof till the
Contrary is shown, that application has not been made for
the permit required and that the permit has not been issued.
79. The magistrate hearing any charge under this Ordinance
may require the Government Analyst to report on any
technical point, and may order the payment of the fees due
in respect of the Government Analyst's report by the
defendant in addition to any other penalty, and such fee
shall be recoverable in the same way as a penalty imposed
under this ordinance is recoverable.
80. At the hearing of any Charge under this Ordinance,
the production of a certificate purporting to be signed by
the Government Analyst shall be evidence of the
facts therein stated, unless the defendant requires the
Government Analyst to be called as a witness; but it
the defendant shall require the Government Analyst to be
called the magistrate may order him in addition to any other
penalty to pay a fee of twenty-five dollars for the attendance
of the Government Analyst, such fee to be recoverable in the
same way as a penalty imposed under this Ordinance is
recoverable.
81. It shall be lawful for the Governor to stop
any prosecution or proceeding instituted or proposed to be
instituted under this Ordinance and to direct the refund of the
whole or any part of any fine or penalty, and the
restoration of the whole or any portion of any articles
ordered to be forfeited to any person from whom the same
may have been taken.
82. Except as hereinafter mentioned, no information laid
under this Ordinance shall be admitted in evidence in any
civil or criminal proceeding whatever, and no witness
shall be obliged or permitted to disclose the name or address
of any informer under this Ordinance or state any matter
which might lead to his discovery. Moreover if any books,
documents, or papers which are in evidence or liable to
inspection in any civil or criminal proceeding whatsoever
contain any entry in which any informer is named or described,
or which might lead to his discovery, the court shall
cause all such passages to be concealed from view or to be
obliterated so far as may be necessary to protect the
informer from discovery but no further. But if on the trial
of any offence under this Ordinance the magistrate after full
inquiry into the case believes that the informer wilfully
made in his information a material statement which he
knew or believed to be false or did not believe to be true,
or if in any other proceeding the magistrate is of opinion
that justice cannot be fully done between the parties thereto
without the discovery of the informer, it shall be lawful for
the magistrate to require the production of the original
information and permit inquiry and require full disclosure
concerning the informer.
83 - (1) Whenever two or more person are charged with
any offence against this Ordinance, the magistrate may
permit any of them to give evidence for the prosecution.
(2) Every person so permitted to give evidence who shall
in the opinion of the magistrate make true and full discovery
of an things as to which he is lawfully examilied, shall be
entitled to receive a certificate of indenmity under the hand
of the magistrate stating that he has made a true and full
discovery of all things as to which he was examined, and
such certificate shall be a bar to all legal proceedings against
him in respect of all such things as aforesaid.
(3) Provided always that any person charged with an
offence appinst this Ordinance may, if he thinks fit, under
himself to he examined in his own behalf, and thereupon
may give evidence in the same, manner and with the like
offect and consequences as any other witness.
[s. 84, rep. No. 8 of 1912.]
85. Every person who imports, or aids, abots, procures,
or is interested or concerned in, or knowingly derives any
profit from the importation of any intoxicuting liquors or
denatured spirits contrary to the provisions, of this Ordi-
liance shall he guilty of all ofFence.
86. Every person who contrary to the provisions of this
Ordinance receives into or has in his possession, custody, or
control any intoxicating liquors on which the duty leviable
by law shall not be proved to have been jpaid, or which have
been illegally imported, made, or prepared, shall be guilty
of an offence : Provided that no person shall be guilty
under this section if he proves to the satisfaction of the
court before which he is tried that he had good and sufficient
reason to believe that such duty had been paid or that such
intoxicating liquors had been legally imported or legally
manufactured.
87. person who delivers any requisition or sup-
plies any particulars, return, or account, or other written
statement required by this Ordinance shall, if such requisi-
tion, particulars, return, account or written statement be
false or incorrect either in whole or in part to the
knowledge of the person so making, delivering, or supplying
the same, whether the same be signed by him or not, be
guilty of an offence.
[s. 88, rep. No. 43 of 1912.]
89. Every omission or neglect to comply with, and every
act done or attempted to be done contrary to, the provisions
of this Ordinance or permit granted or order of the Governor
in Council issued thereunder, and any refusal to permit or
obstruction of any act commanded by this Ordinance, and
any breach on the part of a licensed person of the terms or
conditions of his licence or recognizance, shall be deemed to
be an offence, and for every such offence not otherwise
specially provided for the offender shall, in addition to the
forfeiture (if any) of the article seized as hereinafter provided,
be liable to the following penalties:-
(a) for every first offence, a fine not exceeding five hundred
dollars, or imprisonment for any term not exceeding six
months;
(6) for every second offence, a fine not exceeding one
thonsand dollars, or imprisonment for any term not exceeding
twelve months ;
(c) for every subsequent offence, a fine not exceeding two
thousand five hundred dollars, and imprisonment for any
term not exceeding twelve months.
90. All intoxicating liquors and denatured spirits in
respect of which any offence has been committed against
this Ordinance, or against any permit granted thereunder,
or any breach of the restrictions and conditions subject to
or upon which any licence has been granted together with
any still or part thereof, vat or other vessel used in distination,
wash or other materials preparing or prepared for the
distination of such liquors, utensil or apparatus, or any vessel,
package, cart, carriage, or conveyance in which the same
may be found or which may have been used in connexion
with such offence, may be seized by any police or rev-
enue officer, and all such intoxicating liquors, denatured
spirits, stills, utensils, apparatus, vessels, packages, carts,
carriages, or conveyances, is also any ship of less than fifteen
tons in which the same may be found, may be forfeited.
91. All intoxicating liquors and denatured spirits, and all
stills, utensils, apparatus, vessels, packages, or conveyances,
used for the preparation, packing, or conveyance of intoxica-
ting liquors or denatured spirits shall, if found without, any
apparent owner, or if unclaimed after such notice given as
to a magistrate may seem fit, be forfeited.
92. On the conviction of any licensed person for a second
or any subsequent offence against this Ordinance, the
magistrate may order his licence to be forfeited, in addition
to any other penalties hereinbefore provided.
PART IV.
93.-(1) Whenever any person to within any licence has
been granted under this Ordinance, or under the New Terri-
tories Regulation Ordinance, 1910, or any person in charge
of a general bonded warehonse, or any licensee of a licensed
warehouse, is liable under the provisions of this Ordinance
to any punishment, penalty, or forfeiture for any act, omission,
or neglect, he shall be liable to the same punishment, penalty,
or forfeiture for every similar act, omission, or neglect of
any agent or servant employed by him in or about his
licensed premises or general bonded or licensed warehotise,
and every agent or servant employed by him in or about his
licensed premises or general bonded or licensed warehouse
shall also be liable to every punishment, penalty, or forfeiture
prescribed for such acts, omissions, or neglect contrary to
the provisions of this Ordinanee as fully and effectually as if
such agent or servant had been the person to whom such
licence had been granted or had been the person in charge
of such general bonded or licensed warehouse.
(2) Every person employed in or about any licensed
premises or general bonded or licensed warehouse shall until
the contrary is proved be deemed to have been so employed
by the person mentioned in the licence or by the person in
charge of the general bonded or licensed warehouse, as the
case may be.
94. Every requisition required by the provisions of Part
II shall contain the particulars required by the forms in the
Third Schedule and shall be signed by the person applying for
such requisition or by some person duly authorised by him:
Provided that in the case of any Chinese firm such requisi-
tion shall, in addition to such signature, be stamped with
the chop of such firm.
95. It shall be lawful for the Governor in Council to
make regulations for any of the following purposes :-
(1) to regulate the standard of quality or to determine the
quality of any intoxicatings liquors or wines or spirits to be
manufactured and sold under the provisions of this Ordi-
nance, and to regulate the material to be used therein, and
for the branding or labelling of such liquors and such wines
and spirits;
(2) to regulate the import and export of intoxicating
liquors, and the licensing of persons and ships for those
purposes;
(3)) to regulate the management of general bonded ware-
houses, and to prescribe fees for storage in such warehouses,
and to authorise the forfeiture of any intoxicating liquors or
denatured spirits not cleared from such warehouse within
periods to be fixed by such regulations;
(4) to regulate the licensing and management of licensed
warehouses ;
(5) to regulate the management of distilleries and places
for distilling, making, and preparing intoxicating liquors,
and the safeguarding of the revenue to be derived from the
duty upon liquors distilled, made, or prepared therein;
(6) to regulate the examination of the baggage and goods
of persons landing at any port;
(7) to alter or rescind any of the forms contained in the
Schedules and to substitute others therefor; and
(8) for granting exemptin from payment of duty on
dutiable goods or from any of the provisions of this Ordi-
nance;
(0) to regulate the substances to be used aud the quantities
thereof for denaturing spirits;
(10) for the supervision of the breaking down, blending,
mixing, and bottling of dutiable liquors; and
(11) generally for the purpose of carrying into effect the
provisions of this Ordinance.
96. This Ordinance, shall not apply to naval or military
stores the property of His Majesty, nor to any intoxicating
liquors imported on account of His Majesty's Government or
of the Government of the Colony.
[s. 97, rep. No. 16 of 1912.]
98. The provisions of Part 1 shall not apply to any part
of the New Territories other than New Kowloon.
PART V.
Sales.
99. In this Part,
(a) Cash means any coin or notes current in the
Colony.
(b) Sale includes any transaction in which intoxicating
liquor is supplied for any consideration whatsoever, direct
or indirect.
100.-(1) SubJect to the provisions of sub-section (2), no
persoll shall sell any intoxicating liquor for consumption
on or at any licensed premises except for cash.
(2) Sub-section (1) shall not apply to following:-
(a) any sale by the proprietor of all hotel to a person
residing at the hotel;
(b) any sale by the proprietor of an hotel of liquor to be
consumed in the dining room of the hotel at one of the
regular meals of the hotel or of liquor to be consumed in
conjunction with any other bona fide meal for which a
charge of at least thirty cents can be reasonably made; and
(c) any sale in accordance with the conditions of his
licence by the holder of a restaurant adjunct licence.
101.Where any intoxicating liquor is sold by a servant
or employee in contravention of section 100, the employer,
whether a natural person or a body corporate, shall be,
deemed to be guilty of an offence against the provisions of
this Part unless he proves affirmatively that the sale was
against his express orders and without his consent or con-
nivance.
102. Every person to whom any liquor is, to the know-
ledge of such person, supplied in contravention of the
provisions of this Part shall also be guilty of all offence
against the provisions of this Part.
103. Every person who is guilty of an offence against the
provisions of this Part shall upon summary conviction be
liable to a fine not exceeding two hundred and fifty dollars.
FIRST SCHEDULE.
FORM No. 1.
DISTILLERY LICENCE.
Hong Kong.
The Liquors Consolidation Ordinance, 1911.
In consideration of the fee of dollars paid by I hereby
license him to have stills, of gallons capacity, at
and to distil spirits therewith and to sell such spirits from this date until
the day of , 19 , in quantities of not less than two
gallons of one liquor, at one time, and not to he consumed on the premises.
Form No. 2. [s. 12.]
APPLICATION FOR PUBLICAN'S LICENCE.
Hongkong.
The Liquors Consolidation Ordinance, 1911.
Name of applicant Address
Nationality
Has held a licence for years.
Licensed house to be at No. Street.
Its name or sign to be
Sureties of and
of .
To the Licensing Board.
I give notice that I intend to apply at the next, meeting of the Licensine
Board for a licence to sell hy retail intoxicating liquors (except, Chinese
wines and Spirits) in the house and appurtenances thereunto belonging above
named, which I intend to keep its an inn or public house.
Dated the day of , 19 .
(Signed)
(Signed)
As aniclided by NTo. 24 of 1917 and Liviv Res.. Ord., 1924.
As innended by Lim Rey. Ord., 1921.
We, the undersigned householders, residing at
in the said Colony, and being in no way directly or indirectly connected
with the sale of liquor to the applicant, certify that the above-named
applicant is a person of good fame and replitation and fit and proper to be
licensed to keep an inn or public house.
Dated the day of , 19 .
(Signed)
1. .........
2. .........
3. .........
Form No. 3.
APPLICATION FOR ADJUNCT LICENCE.
Hongkong.
The Liquors Consolidation Ordinance, 1911.
Name of applicant
Address Nationality
Has held a licence for years.
Licensed house to be at No. Street.
Other business carried on Sureties of
and of
To the Licensing Board.
I give notice that I intend to apply at the next meeting of the Licensing
Board for a licence to sell by retail intoxicating, liquors, in the house
appurtenances thereunto belonging above named, as an adjunct to the
business which I am carrying on in the said house and premises.
Dated the day of , 19 .
Form No. 4.
PUBLICAN'S LICENCE.
Hongkong.
In
The Liquors Consolidation Ordinance, 1911.
Licensee Sign of house
No. Street Period of licence, from
to both days inclusive. Fee, $
I licence the above-named person to keep an inn or public house, and to
sell by retail in such house in which he now dwells and in the appurtenances
thereunto belonging, but not elsewhere, intoxicating liquors (except Chinese
wines and spirits) during the period above written.
Conditions.
1. No liquor shall be sold or drunk upon any licensed premises except
between 8 a.m. and 12 o'clock midnight. Provided that the Governor in
Council may by order from time to time alter such hours as aforesaid.
2. No disorder shall be permitted on the premises.
3. No person shall be allowed to become drunk on the premises, nor
shall liquor be supplied to any person who is drunk.
4. No game of chance shall be played on the premises.
5. A decent and suitable privy and uriual shall be maintained in a state
of cleanliness and good repair for the use of customers.
6. The licensee shall not abandon the occupation of bis house or permit
any other person to become virtually the keeper thereof.
7. The licensee shall not employ any person to sell or dispose of any
liquors outside of his licensed premises, not, shall he allow or suffer any
liquors to be, so disposed of on his account.
8. The licensee excepted, no woman or girl whether belonging to the
licensee's family or not, shall be permitted to serve or act in any capacity
in the bit, room or in any room directly opening out of the bar room.
9. The standard of quality of spirits as fixed by the Governor in Council
shall be declared on the label of each bottle.
Dated the day of , 19 .
No. (Signed) Colonial Treasurer.
Form No. 5. [s. 16.]
RESTAURANT ADJUNCT LICENCE.
Hongkong.
The liquors Consolidation Ordiance, 1911.
Licensee
Business
No. Street
Period of licence, from to both days inclusive.
Fee, $
I license the above-named person to sell by retail intoxicating liquors, in
quantities net, exceeding two gallons at one time, in the house in which he
now dwells find in the appurtenances thereunto belonging, but not elsewhere,
as an adjunct to the business he carries on there and without keeping a
public bar during the period above written.
Conditions.
1. No bar shall be kept.
2. Intoxicating liquors shall only be sold for consumption on the premises
and only in conjunction with a bona fide meal for which a charge, of at
least thirty cents be reasonably made.
3. Intoxicating liquors shall only be sold between 12.30 p.m. and
2.30 p.m., and between 6 p.m. and 9 p.m. and at no other time.
4. No disorder shall be permitted on the permises.
5. No person shall be allowed to become drunk on the premises nor shall
liquor be supplied to any person who is drunk.
6. No game of chance shall be played on the preinises.
7. A decent, and suitable privy and urinal shall be maintained in a state
of cleanliness and good repair for the use of customers.
8. The licesee shall not abandon the occupation or his house or permit
any other person to become virtnally the keeper thereof.
9. The licensee shall not employ any person to sell or dispose of any
liquors outside of his licensed premises, nor shall he allow or suffer any
liquors to be so disposed of on his account.
Dated the day of , 19 .
(Signed) Colomial treasurer.
Form No. 6. [s. 16.]
HOTEL KEEPER'S ADJUNCT LICENCE.
Hongkong.
The Liquors Consolidation Ordinance, 1911.
Licensee
Business
No. Strect
Fee, $
I license the above-named person to sell by retail intoxicating liquors, in
quantifies not exceeding two gallons at one time, in the house in which he
now dwells and in the appurtenances thereunto belonging, but not elsewhere,
as an adjunct to the business he carries on there during the period above
written.
1. No public bar shall be kept.
2. Intoxicaling liquor shall only be sold for consumption on the
premises, and
(a) to persons residing at the hotel, at any time
(b) to other than residents, only in the dining room and in
conjunction with the regular meals of the establishment,
3. No disorder shall be permitted ou the premises.
4. NO Person shall be allowed to become drunk on the premises, nor
shall liquor be supplied to any person who is drunk.
5. No game of chance shall be played on the premises.
6. A decent and suitable privy, and urinal shall be maintained in a
state of cleanliness and good repair for the use or customers.
7. The licensee shall not abandon the occupation of his house or
permit any other person to become virtually the keeper thereof.
8. The licensee shall not employ any person to sell or dispose of any
liquors outside of his licensed premises, nor shall he allow or suffer any
liquors to be so disposed of on his account.
Dated the day of , 19 .
No. (Signed) Colonial Treasurer.
Form No. 7. [s. 30.]
DEALER'S LICENCE.
Hong Kong.
The Liquors Consolidation Ordinance, 1911.
is licensed to sell intoxicating liquors (Chinese wines
and spirits excepted) by wholesale or by the unopened bottle on the
premises known as
Conditions.
1. Such intoxicating liquors are not to be consumed on the premises.
2. No intoxicating liquors shall he sold under this licence between
10 p.m. and 8 a.m.
3. The licensee shall keep a book in which shall be recorded all sales of
intoxicating liquors made under this licence. Such book shall be open to
inspection at all reasonable hours by any police officer.
Date this day of , 19 .
(Signed)
Colonial Treasurer.
FORM No. 8. [s. 32.]
CHINESE WINE AND SPIRIT SHOP LICENCE.
Hongkong.
The Liquorx Consolidation Ordinance, 1911.
is licensed to sell Chinese wines and spirits, both by retail
and wholesale, such wines and spirits not to bc consumed on his premises, at
No. the sign or shop name of which is until the day of
, 19 .
Conditions.
1. No Chinese wines or spirits shall he sold by retail, directly or indirectly,
to persons other than Chinese.
2. None but Chinese wines and spirit shall be sold on the premises.
3. No Chinese wines or spirits shall be sold between 10 p.m. and
6 a. m.
4. Any change in the place of business shall he forthwith reported to
the Captain Superinterident of Police.
5. The license shall provide adequate security, to the satisfaction of
the Captain Superinterident of Police, for the regular payment for one year
of the fee for this licence.
6. The holder of this licence shall exhibit conspicuously and perma-
nently in front of his licensed place of business, his name and the numher
and the nature of his licence on a sign, the size and design of which shall
be approved by the Caption Superintendent of Police.
(Signed)
Captain Superintendent of Police.
Form No. 9. [s. 32.]
TRANSFER OF CHINESE WINE AND SPIRIT LICENCE.
Hongkong.
The Liquors Consolidation Ordinance, 1911.
The Chinese wine and spirit licence No. granted to
is transferred to , who is hereby licensed to sell Chillese wines
and spirits, both by retail and wholesale, such wines and spirits not to be
consumed on the premises, at No. the sign or shop name of which
is until the day of 19
Conditions.
1. No Chillese wines or spirits shall be sold by retail, directly or indirectly,
to persons other than Chinese.
2. None but Chinese wines and spirits shall be sold on the premises.
3. No Chinese wines or spirits shall be sold between 10 p.m. and 6 a.m.
4. Any change in the place of business shall be forthwith reported to
the Captain Superintendent of Police.
5. The licensee shall provide adequate security, to the satisfaction of
the Captain Superinterident of Police, for the regular payment for one year
of the fee for this licence.
6. The holder of this licence shall exhibit conspicuously and permanently
in front of his license place of business, his innue and the number and the
nature of his licence, on a sign, the size and design of which shall be approved
by the Captain Superintendent of Police.
Dated the day of , 19 .
(Signed)
Captain Superintendent of Police.
Form No. 10. [s. 33.]
CHINESE RFSTAURANT LICENCE.
Hong kong.
The Liquors Consolidation Ordiance, 1911.
NO.
Name of licensee
Business
Sign of house
Address
Period of licence, from to
Fee, $
I license the above-named person during the period set forth above to sell
by retail to persons of, Chinese race only intoxicating liquors, in quantities
not exceeding two gallons at a time, on the above-mentioned premises, to
he consumed on such premises in connexion with a bona fide meal for which
it charge of at least thirty cents call be reasonably made, or in conjunction
with meals sent out from such premises, but not otherwise.
Conditions.
1. No bar may be kept, on the premises under this licence.
2. No disorder shall be permitted on the premises.
3. NO person shall be allowed to become drunk on the premises, nor shall
liquor he supplied to any person who is drunk.
4. A decent and suitable privy and urinal shall be maintained in a state
of cleanliness and good repair for the use of customers.
5. The licensee shall not abandon the occupation of his house or permit
any other person to become virtually the keeper thereof.
6. The licensee shall exhibit conspicuously and permanently in front of
his licensed place of business, his name and the number and nature of such
licence, on it sign, the size and design of which shall he approved by the
Captain Superintendent of Police.
7. Chinese restaurants shall be closed between 2 a.m. and 8 a.m.
8. Any Chinese restaurant licence may bc withdrawn by the Governor
in Council at any time.
9. Except with the special exemption in writing of the Head of the
Sanitary Department, no ceiling (not being the underside of a floor), hollow
wall or stairlining shall remain or be fixed in any building in which or in
part or parts of which the premises of the licensee are situate, and, except
as aforesaid, if any such ceiling, hollow wall or stairlining shall be found in
any such building the Sanitary Board may by resolution declare the
forfeiture of the licence.
10. The whole of the ground floor of the premises is to be covered with
a layer of not less than three inches, of cement-concrete rendered smooth
and laid to the satisfaction of the Building Authority.
Dated the day of , 19 .
(Signed)
Secretary for chinese Affairs.
Form No. 11. [s. 33.]
TRANSFER OF CHINESE RESTAURANT LICENCE.
Hongkong.
The Liquors Consolidation Ordinance, 1911.
New licensee
Business
Sign of house
Address
Period of new licence, from to
Former licensee
I license the above-named person during the period set forth above to sell
by retail to persons of Chinese race only intoxicating liquors, in quantities
not exceeding two gallons at a time, oil the above-mentioned premises, to
be consumed on such premises in connexion with a bona fide meal for which
it charge of at least thirty cents can be reasonably made, or in conjunction
with meals sent out from such premises, but not otherwise.
Conditions.
1. No bar way be kept on the premises under this licence.
2. No disorder shall be permitted on the premises.
3. No person shall be allowed to become drunk on the premises, nor
shall liquor be supplied to any person who is drunk.
4. A decent and suitable privy and urinal shall be inaintained in a state
of cleanliness and good repair for the rise of customers.
5. The licensee shall not abandon the occupation of his house or permit
any other person to become virtually the keeper thereof.
6. The licensee shall exhibit conspicuously and perninnently in front of
his licensed place of business, his name and the number and nature of such
licence, on a sign, the size and design of which shall be approved by the
Captain Superinterident of Police.
7. Chinese restaurants shall be closed between 2 a.m. and 8 a. m.
8. Any Chinese restaurant licence may be withdrawn by the Governor
in Council at any time.
9. Except with the special exemption in writing of the Head of the
Sanitary Departinent, no ceiling (not being the underside of a floor), hollow
wall or stairlining shall remain or be fixed in any building in which or in
part or parts of which the premises of the licensee are situate, and, except
its aforesaid, if any such ceiling, hollow wall or stairlining shall be found in
any such building the Sanitary Board may by resolution declare the
forfeiture of this licence.
10. The whole of the ground floor of the premises is to be covered with
a layer of not less than three inches of cement-concrete rendered smooth
and laid to the satisfaction of the Building Authority.
Dated the day of , 19 .
(Signed)
Secretary for Chinese Affairs.
Form No. 12. [s. 34.]
EATING-HOUSE LICENCE.
Hongkong.
The Liquors Consolidation Ordinance, 1911.
Name of licensee
Business
Sign of house (if any)
Address
Period of licence, from to
Fee, $
I license the above-named person during the period set forth above to
keep an eating-house (or coffee house, or as the case may be) at the above-
mentioned premises.
1. No intoxicating liquors shall be sold, served or consunled or opinm
smoked on such premises.
2. The keeper shall not permit, disorderly conduct on his premises, or
suffer any unlawful games or games therein, or permit or suffer and
prostitute to frequent such premises or to remain therein.
3. This licence is liable to forfeiture on the second conviction, within
twelve months, of the holder for any offence.
4. The licensee shall cause to be legibly painted or fixed and shall keep
painted or fixed, on such premises in a conspicuous place, in letters at least
four inches long, his name followed by the words Licensed for the sale of
Refreshments , together with the number of his licence.
5. The premises shall be closed between midnight, and 6 a.m., and no
meals or refreshments shall be supplied during tbat period to any person
not resident therein.
6. Every eating-house (or coffee house or as the case may be) shall be
kept at, all times in a cleanly condition and free from all noxious matter.
The tronghs, tables and utensils in use shall be thoroughly cleansed and the
floors Properly swept at least once in every hours. The whole
of the interior walls and Ceilings of the rooms shall be properly
unless such eating-house (or cofee house or as the case may be) is exempted
therefron) by the Head of the Sanitary Department, and the wood-work
thoroughly scrubbed with soup and water during the months of January
and July of each year.
7. The whole of the ground floor of the premises is to be covered with
a layer of not less than three inches of cement-concrete rendered smooth
and laid to the satisfaction of the Building Authority.
8. Except with the special exemption in writing of the Head of the
Sanitary Department, no ceiling (not being the underside of a floor), hollow
wall or stairlining shall remain of be fixed in any building in which or in
part or parts or which the premises of the licensee are situate, and, except
as aforesaid, if any such ceiling, hollow wall or stairlining shall be found in
any such building the Sanitary Board may by resolution declare the
forfeiture of this licence.
Note.-There may he added such other conditions, if any, to this licence
as the Governor in Council may from time to time determine.
(Signed)
Colonial Treasurer.
SCHEDULE. [ss. 3, 16, 18, 30,
32, 33, 34 and 36.]
Schedule of fees.
The following fees shall be paid for the licences herein mentioned and in
the manner herein specified:-
THIRD SCHEDULE. [s. 94.]
FORM No. 1. [s. 46.]
Applicalion for permit, and permit to land or more duty-paid liquors.
SIR,
I hereby declare tbat I wish to land / move on the day of , 19 .
between the hours of a.m. and p.m. the liquors described here-
under from the duties on which bave been paid.
Importers.
I hereby grant permission for the landing . removal of the liquors described above,
the duties on which have been duly paid.
Superintendent,
Imports and Exports Office.
NOTE.-If this permit is not made use of on the day in respect, of which
it is issued, it must be returned within 24 hours to the office of the Super-
intendent of Imports and Exports.
Form No. 2, [ss. 46 and 60.]
Applicallon for permit, and permit to land or more dutiable liquors.
I hereby declare that I wish to land / move on the day of ,
19 , between the hours of a.m. and p.m. the liquors
described hereunder from and to store the same in
the Warehouse at .
DESCRIPTION OF LIQUORS.
Importers.
Permission is hereby granted for the landing / removal of the liquors described
above, provided that the said liquors shall be immediately stored in the
Warehouse at
Superintendent,
Imports and Exports Office.
Form No. 3. [s. 49.]
Application for permit, and permit to export dutiable liquors.
SIR,
I hereby declare that I wish to move from
warehouse it on the day of
, 19 , between the hours of a.m. and p.m. and
dutiable liquors described below for export to / as ships' stores by the SS.
The said liquors are being consigned to .
DESCRIPTION OF LIQUORS.
Exporters.
Permission is hereby granted to move the above-mentioned liquors for
export, in the manner described, on condition that the said liquors shall be
immediately moved from the warehouse named above to the ship named
above.
Superintendent,
Imports and Exports Office.
NOTE-If this permit is not made rise of on the day in respect of which
it is issued, it must be returned within 24 hours to the office of the
Superintendent of Imports and Exports.
Form No. 4. [s. 47.]
Appilication for perwit, and permit to land or move denatured spirits.
SIR,
land
I hereby declare that I wish to land / move on the day of ,
19 , between the hours of a.m. and p.m. from
the denatured spirits described below.
I hereby give permission for the landing / removal of the denatured spirits described
above.
Superintendent,
Imports and Exports Office.
Form No. 5. [s. 48.]
Form of receipt of duty under section 48.
Audit No.
I, the Superintendent of Imports and Exports, hereby acknowledge the
receipt from of the sum of dollars and cents
being the amount payable us duty on the liquors described below which are
now stored at .
DESCRIPTION OF LIQUORS.
Date,
Superintendent,
Imports and Exports Office.
Form No. 6. [s. 66(1).]
Appointment of Revenue Officers under section 66 (1).
A.B. of whose
photograph is hereto attached is hereby appointed to be a revenue officer
under the Liquors Consolidation Ordinance, 1911, and is duly vested with
all the rights, powers and immunities of such office under the of
the Ordinance from this date until the day of , 19 .
Date
Superintendent,
Imports and Exports Office.
Form No. 7. [S. 53.]
Liquors Consolidation Ordinance, 1911.
I (we) hereby declare that the following dutiable liquars were imported
by the S.S. which arrived in the Colony on
Date
Owners, chargerers, agents or master.
Address.
Note :-If no dutiable liquor has been imported by the ship in question,
the above form is to be furnished indorsed Nil.
Fowm No. 8. [s. 53.]
Export statement.
Liquors Consolidation Ordinance, 1911.
I (we) hereby declare that the following dutiable liquors were exported
by the S. S. which left the Colony on the
Date
Owners, charterers or agents.
Address.
Note-If no dutiable liquor has been exported by the ship in question,
the above form is to be furnished indorsed Nil.
[Fourth Schedule, rep. No. 16 of 1912.]
FIFTH SCHEMULE. [s. 66(5).]
EXAMINATION OF A CANDIDATE FOR THE POST OF NATIVE
REVENUE OFFICER.
Questions.
1. Name.
2. Age.
3. Where born.
4. Trade or calling.
5. Single or married.
6. Number of children.
7. What previous service under government.
8. When discharged.
9. And why.
10. With whom last employed.
11. And where.
12. What Chinese dialects can you speak.
Dated the day of , 19 .
(Signed)
Approved for medical examination.
Dated the day of
(Signed)
MEDICAL CERTIFICATE.
I hereby certify that I have examined the above candidate, as to his
health aud bodily strength, and that I consider him for service
as it native revenue officer.
Dated the day of , 19
(Signed)
Principal Civil Medical Officer.
SIXTH SCHEDULE [s. 66 (5).]
EXAMINATION AND OATH BEFORE A MAGISTRATE.
Questions to be put separately by the magistrate to a person
engaging to serve as a native revenue officer.
Questions. Answers.
1. What is your name?
2. In what place were you born ?
3. What is Your trade or calling ?
4. Have you any disability or disorder which impedes the free use of your
limbs or unfits you for ordinary labour ?
5. Are you willing to serve as a native revenue officer for the term
of years from ?
I, make oath that the questions have been separately
put to me, that the answers thereto have been read over to me, and that
they are the same that I gave and are true.
I also make oath that I will well and faithfully serve His Majesty, His
Heirs and Successors, For the territ of years as a native revenue
officer.
(Signed)
Candidate.
(Signed)
Witness.
Sworn before me at Victoria, Hongkong, this day of
19 .
(Signed)
Magistrate.
DECLARATION IN LIEU OF OATH.
I, solemmly, sincerely, and truly declare that the above
questions have been separately put to me, that the answers thereto have
been read over to me, and that they are the same that I gave and are true.
I also solemnly, sincerely, and truly declare that I will well and
faithfully serve His Majesty, His Heirs and Successors, for the term of
vellile officer.
as a native revenue officer.
(Signed)
Candidate.
(Signed)
Witness.
Declared before me at Victoria, Hongkong, this day of 19 .
(Signed)
Magistrate. [Originally No. 9 of 1911. No. 6 of 1913. No. 24 of 1917. No. 6 of 1920. Law Rev. Ord,. 1924.] Interpretation. [s. 2 contd.] [s. 2 contd.] Prohibition of distilling without licence; and issue of distilling licence. First Schedule. Form No. 1. Second Schedule. Issue of free licence for apothecary, chemist, or druggist to have still of eight gallons capacity. Distilling, etc., adulterated liquor. Prohibition of sale of liquor without licence. Wholesale and retail sale of liquor. Issue of temporary licence. Licensing Board. Mode of election of licensing justices. Mode of deciding application. Application for publican's or adjunct licence. First Schedule. Form Nos. 2, 3. Decision of Board subject to appeal to Governor in council. Applications refused not to be renewed within twelve months. Advertisement of application. Issue of licences and fees. First Schedule. Form Nos. 4, 5, 6. Second Schedule. Duration of licence. Transfer of licence. Second Schedule. Provision for case of death or insolvency of licensee. Removal of business. Affixing of sign by licensee, etc. Conditions relating to business. Restriction of right of action for liquor sold. Prohibition of taking pledge for liquor. Measures or weights for sale of liquor. Power to search suspected premises. Drinking in unlicensed place. Prohibition of payment of journeymen, etc., at place where liquor is sold. General powers of police. Issue of dealer's licenes. First Schedule. Form No. 7. Second Schedule. Making of regulations and conditions. Issue and transfer of Chinese wine and spirit shop licence. First Schedule. Forms Nos. 8, 9. Second Schedule. Applications for Chinese restaurant licences. First Schedule. Forms Nos. 10, 11. Second Schedule. Eating-houses. First Schedule. Form No. 12. Second Schedule. Prohibition of disorderly conduct in licensed eating-house. Brewery licences. Second Schedule. Saving as to sale of liquor by licensed auctioneer. Legislative Council may alter licence fees. Second Schedule. Governor in Council may create new forms of licence. Provision for transfer of duties. Duties. Provision for contracts for sale of goods duty paid when duties altered or repealed. Restrictions on import and export. Shipmaster only to allow discharge of dutiable liquors to warehouse. Dutiable bonded liquors not to be removed from ship without a permit, except by keeper of bonded warehouse. Third Schedule. Forms Nos. 1, 2. Issue of permit in cases where duty is paid before removal. Issue of permit for removal to bonded warehouse. Denatured spirits not to be removed from ship without a permit. except by keeper of bonded warehouse. Third Schedule. Form No. 4. Receipt by Superintendent for all duty paid. Third Schedule. Form No. 5. Removal of dutiable liquors for exportation. Third Schedule. Form No. 3. Form of permit and indorsement by master or mate. Permit may be refused until seventy-two hours before ship leaves. Dutiable liquors not to be removed for except in closed cases. Dutiable liquors to be marked for export. Import and export statements to be furnished. Contents and form of import and export statements. Third Schedule. Forms Nos. 7, 8. Permit not used to be returned in twenty-four hours. Liquors shipped under a permit not to be re-landed. General bonded warehouses. Licensed warehouses. Inspection of warehouses. Prescribed books to be kept. Possession and storage of dutiable liquors. Unlawful possession. Sale and purchase. Removal. Third Schedule. Form No. 2. Deficiency of dutiable liquors in a bonded or licensed warehouse. Restrictions on making and preparing liquors. Ordinance No. 34 of 1910, s. 6. Ordinance not to apply to distillation for medical purposes. Ordinance No. 9 of 1916. Licensed person to give amount of stocks; Ordinance No. 34 of 1910, s. 6. And permit entry. Licensed person not to keep dutiable liquors on the premises. Revenue officers. Third Schedule. Form No. 6. [s. 66 contd.] Fifth and Sixth Schedules. [ef. No. 3 of 1890, s. 57.] Penalty for refusing or neglecting to return badge. Powers of police officers. Search of baggage and goods. Examination of articles on ship, wharf, etc. No search except where reasonable cause of suspicion. Revenue officer may board ship. If unsuccessful search made compensation to be paid. Issue of search warrant by magistrate. Recovey of fines and forfeitures. Adjudication of fine and disposal of forfeited articles. Manner of seizure not to be inquired into by court. Extracts from register of requisitions and permits to be evidence. Magistrate may request Government Analyst to report on technical point. Certificate of Government Analyst to be sufficient evidence. Governor may stop proceeding and order restitution of articles forfeited. Protection of informers from discovery. Examination of accused persons. Indemnity if true and full discovery made. Illegal importing of intoxicating liquors or denatured spirits. Illegal possession of intoxicating liquors not duty paid or illegally imported, made or prepared. Making false requisition, return, etc. Other penalties. Forfeitures. Unclaimed articles to be forfeited. Forfeiture of licence. Responsibility for acts of agents and servants. Ordinance No. 34 of 1910, s. 6. Presumption of employment. Contents and signature of requisitions. Third Schedule. Regulations. Exemption of naval and military stores, etc. Application of Part I. Interpretation. Prohibition of sale except for cash. Liability of employer. Liability of buyer. Penalty. [First Schedule contd.] [First Schedule contd] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [Second Schedule contd.] [Third Schedule contd.] [Third Schedule contd.] [Third Schedule contd.] [Sixth Schedule contd.]
Abstract
[Originally No. 9 of 1911. No. 6 of 1913. No. 24 of 1917. No. 6 of 1920. Law Rev. Ord,. 1924.] Interpretation. [s. 2 contd.] [s. 2 contd.] Prohibition of distilling without licence; and issue of distilling licence. First Schedule. Form No. 1. Second Schedule. Issue of free licence for apothecary, chemist, or druggist to have still of eight gallons capacity. Distilling, etc., adulterated liquor. Prohibition of sale of liquor without licence. Wholesale and retail sale of liquor. Issue of temporary licence. Licensing Board. Mode of election of licensing justices. Mode of deciding application. Application for publican's or adjunct licence. First Schedule. Form Nos. 2, 3. Decision of Board subject to appeal to Governor in council. Applications refused not to be renewed within twelve months. Advertisement of application. Issue of licences and fees. First Schedule. Form Nos. 4, 5, 6. Second Schedule. Duration of licence. Transfer of licence. Second Schedule. Provision for case of death or insolvency of licensee. Removal of business. Affixing of sign by licensee, etc. Conditions relating to business. Restriction of right of action for liquor sold. Prohibition of taking pledge for liquor. Measures or weights for sale of liquor. Power to search suspected premises. Drinking in unlicensed place. Prohibition of payment of journeymen, etc., at place where liquor is sold. General powers of police. Issue of dealer's licenes. First Schedule. Form No. 7. Second Schedule. Making of regulations and conditions. Issue and transfer of Chinese wine and spirit shop licence. First Schedule. Forms Nos. 8, 9. Second Schedule. Applications for Chinese restaurant licences. First Schedule. Forms Nos. 10, 11. Second Schedule. Eating-houses. First Schedule. Form No. 12. Second Schedule. Prohibition of disorderly conduct in licensed eating-house. Brewery licences. Second Schedule. Saving as to sale of liquor by licensed auctioneer. Legislative Council may alter licence fees. Second Schedule. Governor in Council may create new forms of licence. Provision for transfer of duties. Duties. Provision for contracts for sale of goods duty paid when duties altered or repealed. Restrictions on import and export. Shipmaster only to allow discharge of dutiable liquors to warehouse. Dutiable bonded liquors not to be removed from ship without a permit, except by keeper of bonded warehouse. Third Schedule. Forms Nos. 1, 2. Issue of permit in cases where duty is paid before removal. Issue of permit for removal to bonded warehouse. Denatured spirits not to be removed from ship without a permit. except by keeper of bonded warehouse. Third Schedule. Form No. 4. Receipt by Superintendent for all duty paid. Third Schedule. Form No. 5. Removal of dutiable liquors for exportation. Third Schedule. Form No. 3. Form of permit and indorsement by master or mate. Permit may be refused until seventy-two hours before ship leaves. Dutiable liquors not to be removed for except in closed cases. Dutiable liquors to be marked for export. Import and export statements to be furnished. Contents and form of import and export statements. Third Schedule. Forms Nos. 7, 8. Permit not used to be returned in twenty-four hours. Liquors shipped under a permit not to be re-landed. General bonded warehouses. Licensed warehouses. Inspection of warehouses. Prescribed books to be kept. Possession and storage of dutiable liquors. Unlawful possession. Sale and purchase. Removal. Third Schedule. Form No. 2. Deficiency of dutiable liquors in a bonded or licensed warehouse. Restrictions on making and preparing liquors. Ordinance No. 34 of 1910, s. 6. Ordinance not to apply to distillation for medical purposes. Ordinance No. 9 of 1916. Licensed person to give amount of stocks; Ordinance No. 34 of 1910, s. 6. And permit entry. Licensed person not to keep dutiable liquors on the premises. Revenue officers. Third Schedule. Form No. 6. [s. 66 contd.] Fifth and Sixth Schedules. [ef. No. 3 of 1890, s. 57.] Penalty for refusing or neglecting to return badge. Powers of police officers. Search of baggage and goods. Examination of articles on ship, wharf, etc. No search except where reasonable cause of suspicion. Revenue officer may board ship. If unsuccessful search made compensation to be paid. Issue of search warrant by magistrate. Recovey of fines and forfeitures. Adjudication of fine and disposal of forfeited articles. Manner of seizure not to be inquired into by court. Extracts from register of requisitions and permits to be evidence. Magistrate may request Government Analyst to report on technical point. Certificate of Government Analyst to be sufficient evidence. Governor may stop proceeding and order restitution of articles forfeited. Protection of informers from discovery. Examination of accused persons. Indemnity if true and full discovery made. Illegal importing of intoxicating liquors or denatured spirits. Illegal possession of intoxicating liquors not duty paid or illegally imported, made or prepared. Making false requisition, return, etc. Other penalties. Forfeitures. Unclaimed articles to be forfeited. Forfeiture of licence. Responsibility for acts of agents and servants. Ordinance No. 34 of 1910, s. 6. Presumption of employment. Contents and signature of requisitions. Third Schedule. Regulations. Exemption of naval and military stores, etc. Application of Part I. Interpretation. Prohibition of sale except for cash. Liability of employer. Liability of buyer. Penalty. [First Schedule contd.] [First Schedule contd] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [First Schedule contd.] [Second Schedule contd.] [Third Schedule contd.] [Third Schedule contd.] [Third Schedule contd.] [Sixth Schedule contd.]
Identifier
https://oelawhk.lib.hku.hk/items/show/1249
Edition
1923
Volume
v4
Subsequent Cap No.
109
Cap / Ordinance No.
No. 9 of 1911
Number of Pages
52
Files
Collection
Historical Laws of Hong Kong Online
Citation
“LIQUORS CONSOLIDATION ORDINANCE, 1911,” Historical Laws of Hong Kong Online, accessed February 26, 2025, https://oelawhk.lib.hku.hk/items/show/1249.