OPIUM ORDINANCE, 1923

OPIUM ORDINANCE, 1923

No. 80 of 1923.

An ordinance to witend and consolidate the law relating to
opium

[31st December, 1923.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Opium Ordinance,
1923.

2.-(1) In this Ordinance,

(a) Divan keeper means the occupier or person having
the use temporarily of any opium divan, or any person
having or appearing to have the care or management of
such place, and also any person who acts in any manner
assisting in conducting the business of any such place or
keeping watch in or about the same.
(b) to export means to carry out of the Colony or to
cause to bc carried out of the Colony and in eludes the carriage
out of the Colony of opium which was carried into the
Colony by water and which is, with or without any landing
or transhipment, carried out of the Colony on the same ship
on which it was carried Into the Colony.
(e) Implement meaiis any vessel, utensil, instrument.,
or other thing which has been used, or which is probably
intended to be. used, for containing opium, or for preparing
or aiding in preparing any opium, or for smoking opium

(d) To import means to carry into the Colony or to
cause to be carried into the Colony and includes the carriage
by water into the Colony of opium which is intended to be
carried out of the Colony on the sarne ship on which it was
carried into the Colony, with or without any landing or
transhipment.
(e) Opium includes raw opium prepared opium, and
opium dross, and eiery substance in which raw opium,
prepared opium or opium dross forms an ingredient.

All revenue officers appointed under this Ordinance have all the powers of a
revenue officer under the Tobacco Ordinance, 1916. See No. 10 of 1916,
s. 39 (6) (d)
As amended by Law Rev. Ord., 1924.





(f) Opium divan means ally place opened, kept, or
used-

(i) for the sale of prepared opiuin to be smoked in such
place ; or

(ii) for the smoking of prepared opium where a fee or its
equivalent is charged for such smoking or AvIere any benefit
or advantage whatever, direct or indirect, is derived by the
keeper of such place in consequence of the smoking of pre-
pared opium in such place.
(g) Opium dross means the residuum produced ])v
smoking prepared opium.

(h) Any opium, implement, or other thing shall, for the
purposes of this Ordinance, be deenied to be ill the possession
of any person if lie has such opium, implernent, or thing in
possession, custody or control, by himself or by any other
person.

(i) Person, except so far as -relates to the imposition of
the penalty of imprisonment, includes a body corporate and
a firm.
(j) Prepared opium includes every, preparation of
opium, and every substance in which opium forms an in-
gredient, which preparation or substance is used or intended
to be used for smoking, or for use -is a substitute for smoking
opium.

(k) Preparing opixim includes-

(i) every act in the process or intended process of, con-
verting opiurn, or any substance or solution in which opium
forms an ingredient, into prepared opium, and

(ii) the subjecting of opium, or of any substance or solution
in which opium forms an ingredient, to any degree of
artificial heat, for any purpose opium, and

(l) Raw opium rneans any kind of opium not prepared
for smoking, chewing, swallowing or injecting and includes
the leaves or wrappings in which raw opium has been
wrapped, but does not include opium dross.

(m) Ship includes every description of vessel used in
navigation or for the carriage or storage of goods.





(n) Superintendent means the Superintendent of Im-
ports and Exports.

(o) Wharf includes every place used as a landing place
and every warehouse or place adjoining a landing place or
used in connexion therewith.

(2) Corresponding law in this Ordinance means any
law stated in a certificate purporting to be issued by or on
behalf of the government of any place outside the Colony to
be a law, providing for the control and regulation in that
country of the manufacture, sale, -use, export and import of
opium in accordance with the provisions of the International
Opium Convention signed at the Hague on the 23rd day of
January, 1912, and any statement in any such certificate as
to the effect of the law mentioned in the certificate, or any
statement in any such certificate that any facts constitute an
offence against that law, shall be conclusive. Any such
certificate shall be admitted evidence upon production by
or on beliall of the Superintendent in any proceeding.

3.-(1) It shall be lawful for the Governor in Council to
make regulations for any of the followinig purposes:-

(a) to determine the prices at which prepared opium may
be sold to the public;

(b) to regulate the licensing and management of places

for the sale of prepared opium, and the licensing and control
of the persons who are permitted to sell prepared opium;

(c) to prescribe the fees, if any, to be payable for licences,
permits and authorities issuable under this Ordinance;

(d) to alter or add to any of the forms in the First
Schedule ;
(e) generally, to prohibit or control the importation, ex-
portation, manufacture, sale, possession, movement, distribu-
tion, and smoking of opium, and the dealing in opium.

(2) All regulations made under this Ordinance shall be
laid on the table of the Legislative Council at the first
meeting thereof held after the publication in the Gazette of
the making of such regulations, and if a resolution is passed
at the first meeting of the Legislative Council held after
such. regulations have been laid on the table of the said
Council resolving that any such regulation shall be rescinded,





or amended in any manner whatsoever, the said regulation
shall, without prejudice to anything done thereunder, be
deemed to be rescinded, or amended, as the case, may be, as
from the date of publication in the Gazette of the passing of
such resolution.

[PART II]

RAW OPIUM

4.-(1) Subject to the provisions of sub0secyions (2), (3),
and (6), no person shall import or export my raw opium, or
do any act preparatory to or for the purpose of importing or
exporting any raw opium.

(2) Sub-section (1) shall not, apply to any opium which is
imported by water under a throuerh bill of lading for any
place into which such opium may by the law of such place
legally be imported, and which. is exported to such place
with all reasonable expedition, provided that the followiner
conditions are coinplied with:-
(a) the ship on which the opluin is Imported shall proceed
direct and forthwith to the harbour of Victoria and shall
forthwith enter such harbour;
(b) full particulars as to the description, weight, con-
signors, consignees and destination of the opium, and as to
the marks and numbers of the cases in which it is contained,
shall appear in the manifest of the said ship ;

(c) the presence of the opium on board the said ship shall
be reported in writing to the Superintendent by the master
of the ship within four hours after the arrival of the ship in
the harbour of Victoria : Provided that, if the office of the
Superintendent is not open for the four hours immediately
after the arrival of the ship in the harbour of victoria, the
report required by this paragraph may be made to the
inspector on duty at the Central Police Station

(d) the opium shall not be-
(i) rernoved from the ship on which it was imported, or

(ii) in any way moved in the Colony after removal from
such ship, or

As amended by Law Rev. Ord., 1924.





(iii.) exported,

except under, and in accordance with, a removal or export
permit issued by the Superintendent: Provided that no
permit shall be necessary if the opium is, without any tran-
shipment exported on the ship on which it was imported ;

(e) the chest, box, case or package containing the opiun,
shall be imported, and shall while in the Colony be maintained,
unopened and unbroken, unless it is opined or broken
during and for the purposes of some search authorised by
this Ordinance;

(f) a certificate in Forin No 2 in the First Schedule or in
some form which. appears to the Superintendent to be
equivalent shall accompany the opium on the said ship and
shall be produced to the Superintendent at least four hours
before the opitim is exported

(g) the ship on which the opiurn is exported shall, on
leaving the harbour of Victoria, proceed direct and forth-
with out of the waters of the Colony ).

(h) the exportation of the opitim shall be reported in
writing to the Superintendent, by the owner, charterer or
agent of the ship, within forty-eight hours after the departure
out of the waters of the Colony of the ship on which the
opium is exported.

(3) sub-section. (1) shall not apply to any Indian raw
opitim imported by water under a through bill of lading for
Macao from the government, of India or its nominees for the
use, of the Government of Macao or its nominees, provided
that the following conditions are complied with:-
(a) the ship on which the opium is imported shall proceed
direct -and forthwith to the harbour of Victoria and shall
forthwith enter such harbour;

(b) full particulars to the description, weight, con-
signors, consignees and destination of the oplum, and as to
the marks and numbers of the cases in which it is contained,
shall appear in the manifest of the said ship;

(c) the presence of the opium on board the ship shall be
reported in writing to the Superintendent by the master of
the ship' within four hours after the arrival of the ship in the
harbour of -Victoria : Provided that, if the office of the
Superintent is not open for the four hours immediately





after the arrival of the ship in the harbour of Victoria, the
report required by this paragraph may be made to the
inspector on duty at the Central Police ~tation;

(d) the opium shall not be-
(i) removed from the ship on which it was imported, or

(ii) in my way moved in the Colony after removal from
such ship, or
(iii) exported,
except under, and in accordance with, a removal or export
permit issued by the Superintendent: Provided that no
permit shall be necessary if the opium is, without any, tran-
shipment, exported on the ship on which it was imported;

(e) the chest, box, case or package containing the opium
shall be imported, and shall in the Colony be maintained,
unopened and unbroken, unless it is opened or broken
during and for the puTposes of some search authorised by
this Ordinance;

(f) the ship on which the opium is exported shall, on leaving
the harbour of Victoria, proceed direct and forthwith outt of
the waters of the Colony ;

(g) the exportation of the opitan shall be reported in
writing to the Superintendent, by the owner, charterer or
agent of the ship, within forty-eight, hours after the de-
parture out of the yvaters of the Colony of the ship on which
the opium is exported.

(4) No export permit shall be issued under sub-section
(2) (d) until there shall have been produced to the Super-
intendent a certificate in Form No. 1 in the First Schedule
or in some form which appears to the Superintendent to be
equivalent, and no such export, permit shall be issued until
the Superintendent is satisfied that such certificate is
genuine and relates to the opium sought to be exported and
has notbeen obtained by any misrepresentation.

(5) The Superintendent shall not issue any export permit
for the exportation of any opium referred to in sub-section (3)
except under the express authority of the Governor.

(6) Sub-section (1), in so far as it prohibits importation,
shall not apply to any raw opium imported by the Super-
intendent.





5.-(1) No person shall have in his possession, or attempt
to obtain possession of, or buy or sell, or supply or procure,
or offer to supply or procure, or otherwise deal in or offer to
deal in, any raw opium: Provided that this section shall
not apply to any raw opium -which is excluded from the
operation of section 4'(l).
(2) The onus shall lie on any person who seeks to ])ring
himself within the proviso to sub-section

6.-(1) No master of any ship shall allow any raw opium
to be removed from his ship except on production of, and in
accordance with, a removal or export perinit issued by the
Superintendent.
(2) No person shall move any raw opium, except under
and in accordance with a removal or export permit issued
by the Superintendent: Provided that this sub-section shall
not apply to any raw opium which is excluded from the
operation of section 4 (1) and which has not been removed
from the ship on which it was imported.

7.-(1) Removal and export permits may be in Forms
Nos. 2 and 3 respectively in the First Schedule.
(2) Subject to the provisions of section 4 (4) and (5), the
issue of eve removal and export permit shall be in the
absolute discretion of the Superintendent, who may impose
any conditions that he may think fit.

8. The Superintendent shall furnish the master of every
ship carrying raw opluin for export with a memorandum
containing the particulars set forth in Form No. 4 in the
First Schedule, and no ship carrying raw opium shall depart
from the Colony without such memorandum: Provided that
this section shall not apply to any raw opium -which is
excluded from the operation of section 4 (1) and which has
not, been removed from the ship on which it was imported.

PART III
PRUPARIED OPIUM

9. The exclusive right of preparing opium and of selling:
prepared opium in the Colony is vested in the person for the
time being lawfully performing the duties of Superintendent.

As amended by Law Rey. Ord., 1924.





10.---(1) The Superintendent may, in his discretion, grant
licences to suitable persons authorising them to sell prepared
opium, subject to such conditions as he may think fit, and
may cancel any suuh licence.

(2) Every person licensed under the provisions of this
section shall at all times adinit to all parts of his licensed
premises the Superintendent and any person deputed by him
in writing and any revenue or police officer and shall permit
inspection of his books and stock by any such person or
officer.

11. No person except the Superintendent shall prepare
opium within the Colony or import any prepared opium or
do any act preparatory to or for the purpose of importing
any prepared opimn.

12.-(1) No person except the Su perinten dent shall have
in his possession any prepared opium other than Government
prepared opimn.

(2) The onus of proof that any prepared opium. is Govern-
nient prepared opitim shall rest upon the person alleging the
scame.

13. No person except the Superintendent or a person
licensed by him shall sell or offer or expose for sale any
prepared opium.

14. No person except the Superintendent or a person
licensed by him under section 10 shall have in his posses-
sion more than five taels of prepared opium.

15.-(1) No person shall open or keep an opium divan.

(2) No person shall smoke opium in an opium divan.





16.-(1) Where two or more persons are found smoking
opium in any place, such persons not being residents in
the said place, it shall, until the contrary is proved, be
presumed--

(a) that the said place is an opium divan; and

(b) that the tenant or occupier of the said place is keeping

the said place as an opium divan, provided that such tenant
or occupier or a servant of such tenant or occupler is present
at the time of the finding of such persons.

(2) Every person found in any opium divan or found
escaping therefrom on the occasion of its being entered
under this Ordinance shall, until ' the contrary is proved, be
presumed to be or to have been smoking opium therein.

17. No person shall, without lawful authority or excuse,
have in his possession any label or wrapper which was issued
by the Superintendent affixed to any receptacle containing
Government prepared opium, and which has been or has
become detached from such receptacle, or any portion of any
such label or wrapper which has been or has become
detached from such receptacle.

18.-(1) No person shall, without lawful authority or
excuse, have in his possession any label, wrapper, or mark,
so resembling any label, wrapper, or inark used by the
Superintendent in connexion with Government prepared
opiuixi as to constitute a colourable imitation thereof, or have
in his possession any die, block, or type apparently intended
for the production of any such label, wrapper, or mark.

(2) For the purposes of this section, label, wrapper,
mark, die, block and type shall be deemed
respectively to include any portion of a label, wrapper, mark,
die, block or type.

19. No person shall ihix anything with prepared opium
with the intention of causing it to be believed.that such
prepared opium is Government prepared 'opium, or shall
counterfeit any mark used by the Superiniendent to denote
that the prepared opium contained in any receptacle is
Government prepared opium, or shall use as genuine any
such mark.

As amended by Law Rev. Ord., 1924.





20. No person shall export, or do any act preparatory to
or for the purpose of exporting, any prepared opium:
Provided that this section shall not be construed as applying
to the possession by a passenger from the Colony to any
place not within the Colony of a quantity of prepared
opium, to be used for personal consumption on the voyage,
not exceeding five inace for every day of duration of the
voyage.

part IV

GENERAL.

ships

21.-(1) No ship shall be used for the importation, land-
ing, removal, carriage, conveyance, storage or exportation of
any opium in contravention of this Ordinance.

(2) An amount of any such opium found on board any
such ship and exceeding-

(a) in the case of any ship of sixty tons net register
tonnage and upwards, fifty taels in weight; or,

(b) in the case of any ship under sixty tons net register
tonnage, twenty-five taels in weight;

shall be deemed evidence of the unlawful use of such ship.

(3) If any ship is proved to have been so used, the owners,
agents and master shall be deemed to have contravened the
provisions of sub-section (1) unless it is proved, to the satis-
faction of the magistrate, that every reasonable precaution
has been taken to prevent the -unlawful use of such ship, and
that none of the officers or of their servants or of the crew
of such ship were implicated therein.

22.-(1) No person shall bring or have in his possession
on board any ship any opiurn, other than prepared opium
not exceeding the quantity specified in section 20, unless
the same is entered on the manifest of the ship.

(2) The master of such ship may seize any such opium as
aforesaid found on board his ship which is not entered on
the manifest, and may retain the same in his possession
until he can deliver it to a police officer.





Post Office.

23.-(1) No person shall send any opium by post.

(2) It shall be lawful for the Postmaster General to detain
and open any postal article which he may suspect to contain
any opium or anything which would be liable to seizure
under section 31 (1)

(3) If any postal article contains atiy opium, or if any
postal article contains anything which would be liable to
seizure under section 31 (1) (f), it shall be lawful for the
Postmaster General to detain such postal article and all its
contents, and to deal with such article and its contents as
the Governor may direct.

(4) Sub-sections (2) and (3) shall apply to all postal
articles, whether posted in the Colony or not.

appointment and duties of revenue and police officers.

24.-(1) The Governor may appoint an officer to be,
called the Superintendent of Imports and Exports and such
number of Assistant Superintendents as he may think fit.

(2) An Assistant Superintendent shall have all the powers
conferred on the Superintendent by or under this Ordinance..

25.-(1) The Superintendent may appoint puch persons
as he may think fit as revenue officers under this Ordinance.

(2) The Superintendent shall have power to cancel at any
time any appointment of a revenue officer.

(3) Every revenue officer shall be supplied with a suitable
badge of office.

(4) Every revenue officer when acting against any person
under this Ordinance shall on demand declare his office and
produce his badge of office to the person against whom he is
acting.

(15) Every revenue officer shall on demand return to the
Superintendent his badge of office, and every person whose
appointment as revenue officer has been cancelled shall
forthwith return to the Superintendent his badge of office
unless he shall have previously returned it to the Superintend-
ent.





26. Every police officer when acting against any person
under this Ordinance shall, if not in uniform, ort deniand
declare his office and produce to the person against whon,
he is acting such badge as the Captain Superintendent of
Police may direct police officers to carry when on special
service.

27. The Superintendent of Imports and Exports, the
Assistant Superintendent of lmports and Exports, and all
revenue officers, who were appointed under the Opluni Ordi-
nance, 1914, and who continued to hold office up to the
commencement of this Ordinance, are hereby confirmed in
their respective offices, and shall have all the powers and
privileges conferred by this Ordinance upon the holders of
their respective offices.

Search, arrest and seizure

28. It shall be lawful for any European revenue officer or
European police officer, or for any other public officer
authorised thereto in writing by the Superintendent, either
generally or for a particular occasion, to board any ship (not
being or having the status of a ship of war) and to remain
on board so long as such ship remains in the Colony.

29.-(1) Every person landing from any ship or entering,

the Colony by land accompanied by any goods or baggage
shall-
(a) on demand by any revenue officer or police officer
either permit his person and his goods and baggaoe to be
searched by such officer or, together with such goods and
baggage, accompany such officer to a police station or to the
office of the Superintendent and there permit his person and
his goods and baggagge to be searched by any revenue officer
or police officer in the presence and under the supervision
of any European revenue officer or Ecropean police officer
or other police officer not below the rank of sergeant;
(b) on demand by any European revenue officer or
European police officer permit his person and his goods and
baggage to be searched by such European revenue officer or
European police officer or by any revenue or police officer in
the presence and under the supervision of such European
police officer or European revenue officer:

The Opium Ordinance, 1914, was repealed by this Ordinance.





Provided always that the goods and baggage of any person

who claims to be present when they are searched shall not
bc searched except in his presence.
(2) While revenue officers are conducting a search of
persons landing or intending to land from a ship or a search
of the goods and baggage of any such persons, no person
shall board. such ship unless with the permission of a
European revenue officer.
(3) Any person who refuses to comply with any lawful
demand under this section may be arrested by any public
officer without any warrant.

30. Any box or other thing (not being passengers' baggage
accompanied 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),
wharf or warehouse, or which is being removed from any
such ship or other place, or which is being brought into or
has recently been brought into the Colony by land-
(1) may be examined and searched by any revenue officer
or police officer, and may be detained until -my person in
charge thereof shall have opened the. same to admit of such
exaniination and search, or inay be removed by such officer
to a police station or to the office of the Superintendent;
(2) may be broken open by the orders of any European
revenue officer or European police officer 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.

31.-(1) It shall be lawful for any public officer authorised
by the Superintendent in that behalf-
(a) to arrest. and bring before a magistrate any person
whom such public officer may have reason to suspect of
having contravened any of the provisions of this Ordinance
or of any regulation made thereunder;
(b) to search the person and property and effects of any
person whom it may he lawful for such public officer to
arrest: Provided that no female person shall be searched
except by a feniale, and provided that no person shall be
searched in a public place if he objects to be so searched;

As amended by Law Rev. Ord., 1924.





(c) to search any place in which such public officer may
have reason to suspect that there may be any thing_which
under paragraph (f) is liable to seizure;
(d) to search, and, if necessary to stop and search, any
ship (not being or having the status of a ship of war) in
which such public officer may have reason to suspect that
there may be any thing which under paragraph (f) is liable
to seizure
(e) to search any place which such public officer may have
reason to suspect to be in opium divan;

(f) to seize, remove and detain-

(i) any thing with respect to which such public officer
may have reasonable grounds for suspecting that any offence
against this Ordinance has been committed;

(11) any book or -Other document which such public officer
may have reasonable grounds for suspecting to relate to, or
to be connected directly or indirectly with, any transaction
or dealing which was, or any intended transaction or dealhig
which would if carried out be, an offence against this
Ordinance, or, in the case of a transaction or dealing carried
out or intended to be carried out in any place outside the
Colony, an offence against the provisions of any corresponding
law in force in that place; or

(iii) any, other thing which may appear to such officer
likely to be, or to contain, evidence of any such offence,
transaction or dealing.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such
place

(b) forcibly enter any such ship and every part thereof

(c) remove by force any peisonal or material obstruction
to any arrest, detention, search, inspection, seizure, or removal,
which he is empowered to make;

(d) detain every person found in such place until such
place has been searched; and

(e) detain every such ship, and every person on board
such ship and prevent every person from approaching or
boarding such ship, until such ship has been searched.





(3) No person shall delay or obstruct any detention, arrest,
search, inspection, seizure, or removal, which is authorised
by this Ordinance.

(4) Any authority given by the Superintendent under this
section may be given to an individual or to a class, and may
be-

(a) general, so as to embrace all the powers referred to in
this section; or

(b) limited, so as to embrace only a portion of those
powers; or

(c) particular, for a particular occasion.

32. If any search made under this Ordinance is unsuc-
cessful and there is no reason to suppose that any opium
liable to forfeiture under this Ordinance has been thrown
away or otherwise disposed of in order to avoid detection, the
Superintendent shall make good ally damage caused thereby.
No action shall be maintainable in respect of any such
damage. In the event of any dispute as to the fact or
amount of aily damage, the dispute shall in every case be
decided by the Superintendent or by some person nominated
by him for that purpose.

Miscellaneous.

33. In any proceedings before a magistrate or on appeal
to the Supreme Court relating to the seizure of any opium,
implements, or other articles, the seizure whereof is authorised
by any of the provisions'of this Ordinance, it shall be lawful
for such magistrate and for the judges, and they are hereby
respectively required, to proceed in such cases on the merits
only, without reference to matters of form and without
inquiring into the manner or form of making any seizure,
excepting in so far as the manner and form of seizure may
be evidence on such merits.

34.-(1) Except as hereinafter mentioned, no information
laid under this Ordinance shall be admitted in evidence in
any civil or criminal proceeding, and no witness shall be*
obliged to disclose the nameor address of any informer or to
state any matter which might lead to his discovery, and if
any books, documents or papers which are in evidence or
liable to inspection in any civil or criminal proceeding





contain any entry in which any such informer is named or
described or which might lead to his discovery, the court
or magistrate 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.

1(2) But if, in any proceedings before a magistrate for any
offence against any provision of this Ordinance, the magis-
trate, after full inquiry into the case, believes that the informer
wilfully made in his information a material statement which
h e knew or believed to be false or did not believe to be true,
or if, in any other proceeding, the court or niagistrate 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 court or magistrate to require the production
of the original information, and to permit inquiry and
require full disclosure concerning the informer.

35.-(1) Whenever two or more persons are charged with.
any offence against this Ordinance, the magistrate may per-
mit any of thein 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 all things as to which he is lawfully examined, shall be
entitled to receive a certificate of Indemnity under the hand
of the magistrate stating that he has inade 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.

36.-(1) Every person who is proved to have had in his
possession or under his control any thing whatsoever con-
taining any opium shall, until the contrary is proved, be
deemed to have been in possession of such opium.

(2) Every person who is proved to have had in his posses
sion or Under his control or subject to his order any. docu-
ment of title relating to any thing whatsoever containing any
opium shall, until the contrary is proved, be deemed to have
been in possession of such opium.





37.-(1) A certificate signed by the Superintendent as to
the character, quantity or market value of any opium shall
in any proceeding be conclusive evidence of the facts stated
therein.,

(2) A certificate signed by the Superintendent that he is
satisfied by analysis that any prepared opium is or is not
Government prepared opium shall be'conclusive evidence of
the facts stated therein, and neither the Superintendent nor
the analyst who made such analysis shall be cross-examined
with regard to the contents of such certificate.

Offences and penalties.

38.-(1) Every person who-

(a) acts in contravention of, or fails to comply with,
any provision of this Ordinance or of any regulation made
thereunder; or

(b) acts in contravention of, or falls to comply with, the
conditions of any licence or permit issued or authority
granted tinder or in pursuance of this Ordinance; or

(c) for the purpose of obtaining, whether for himself
or for anY other person, the issue, grant or renewal of any
such licence or permit or authority as aforesaid, makes any
declaration or statement which is false in any particular, or
knowingly utters, produces or makes use of any such
declaration or statement or any dacument containing the
same ; or

(d) in the Colony aids, abets, counsels or procures the
commission in any place outside the Colony of any offence
punishable under the provisions of any corresponding
law in force in that place, or does any act preparatory
to, or in furtherance of, any act (wherever to be committed)
which if committed in the Colony would constitute an offence
against this Ordinance,

shall be guilty of an offence against this Ordinance.

* As amended by Law Rev. Ord, 1924.





(2) Every person who attempts to commit an offence,
against this Ordinance, or solicits or incites another person
to commit such an offence, shall, without prejudice to any
other liability, be liable upon summary conviction to the
same punishment and forfeiture as if he had committed an
offence under this Ordinance.

(3) Where a person convicted of an offence under this
Ordinance is a company, the chairman and every director
and every officer concerned in the management of the
company shall, unless he proves that the act or omission
constituting the offence took place without his knowledge
and consent, be guilty of the like offence, and shall, notwith-
standing the provisions of section 2 (1) be liable to all
the penalties and consequences to which a natural person
would be liable upon coiiviction of the said offence.

-(4) Where the person convicted of an offence under the
Ordinance is a firm, every partner in the firm and every
person concerned in the management of the firm shall,
unless he proves that the act or omission constituting the
offence occurred without his knowledge and consent, be
guilty of the like offence, and shall, notwithstanding the
provisions of section 2 (1) (i), be liable to all the penalties
and consequences to which a natural person would be liable
upon conviction of the said offence.

(5) Notwithstanding the provisions of any enactment
which prescribes the time within which proceedings for an
offence punishable upon summary conviction may be com-
menced, any summary proceedings for an offence under this
Ordinance, or for attempting to commit such an offence, or
for soliciting or inciting another person to commit such an
offence, may be commenced either within the time so pre-
scribed or within six months from the date on which evidence
sufficient in the opinion of the Superintendent to justify a
prosecution comes to his knowledge, whichever time is the
longer, and, for the purposes of this sub-section, a certificate
purporting to be signed 'by the Superintendent as to the date
on which such evidence as aforesaid came to his knowledge
shall be conclusive evidence thereof.





. (6) For the purposes of sub-section (5), the issue of a
summons or warrant shall be deemed to be the commence
ment of proceedings, whether such summons or warrant is

executed or not.

(7) For the purpose of removing doubts, it is hereby
declared-

(a) that in any proceedings against any person under this
Ordinance it is not necessary to negative by evidence any
licence, authority or other matter of exception or defence,
and that the burden of proving any such matter lies on the
person seeking to avail himself thereof; and

(b) that notwithstanding anything many other enactment,
any term of imprisonment imposed under this Ordinance on
any person by -a magistrate in respect of the non-payment of
a fine imposed under this Ordinance may be. ordered to com-
mence at the expiration of any term of imprisonment imposed
on that person for the same offence in addition to the fine.

(8) Whenever any person to whom any licence or permit
or authority has been issued or granted under this Ordinance
would be liable under the provisions of this Ordinance or
of any regulations made thereunder to any punishment,
penalty or forfeiture for any act, omission, neglect or default,
he shall be liable to the same punishment, penalty or
forfeittire for every similar act, omission, neglect, or default
of any agent or servant employed by him in the course of
his business, and every agent or servant employed by him in
the course of his business shall also be liable to every
punishment, penalty, or forfeiture prescribed for such acts,
omissions, neglects or defaults contrary to the provisions of
this Ordinance as fully and effectually as if such agent or
servant had been the person to whom the licence or permit
or authority had been issued or granted.

(9) Every person who prepares, makes, delivers or supplies
any requisition, particulars, return, accounts or other written
statement required by or tinder this Ordinance, shall, if such
requisition, particulars, return, accounts or written statement
are false or incorrect either in whole or in part to the know-
ledge of the person so preparing, making, delivering or
supplying the same, whether the same be signed -by him or
not, be guilty of an offence against this Ordinance.





39.(1) Every person who contravenes any of the provi-
sions of any of the sections or sub-sections specified in the
first column of the following table shall upon summary con-
viction be liable to the penalty specified in the corresponding
entries in the second and third columns of the daid table:-



(2) where a term of imprisonment is specified in the third
column of the above table, such imprisonment inay be with
or withotit hard labour and may be imposed in addition to
any fine or without any fine being imposed.
(.3) Every person who commits an offence against this
Ordinance for which no penalty is otherwise prescribed shall
upon summary conviction be liable to a fine not exceeding
two thousand dollars, or not exceeding ten times the market
value of the opium. (if any) in respect of which the offence
was committed, whichever maximum, fine is the greater, and
to imprisonment for any term not exceeding one year.

40. It shall be lawful for the court or a magistrate to
order to be forfeited to the Crown-
(1) any opium with respect to which any offence against
this Ordinance has been committed whether any person shall
have been charged with or shall have been convicted of such
offence or not;
(2) any ship of less than fifteen tons net register tonnage
in which any such opium may have been.;





(3) any implements which have been seized in any search,
unless such implements have been used only in connexion
with Government opium;
(4) a ny unclaimed opium or implements.

41. All fines under this Ordinance, and any bail in- respect
of any charge under this Ordinance which may be estreated
by a magistrate, shall be paid into a special account and
may be disposed of as the Governor may direct.
[ss. 42 and 43, rep. Law Revision Ordinance, 1924.]

FIRST SCHEDULE.

Form No. 1. [ s. 4(2) (f) and (4).]

IMPORT CERTIFICATE.

Opium Ordinance, 1923.

INTERNATIONAL OPIUM CONVENTION, 1912.

CERTIFICATE OF OFFICIAL APPROVAL Or

I hereby certify that the Ministry or Department of
being the Minisiry or Department charged with the administration of the
law relating to opium, has approved the importation by (a)
..........................................
..........................................
of (b) ........................................................................................

...............

..........................................
from (c) ......................................................................................
..........................................
..........................................
......................
..........................................
subject to the following conditions (d) ... .............................................

..........................................
and is satisfied that the consignment proposed to be imported is required
for the purpose of smoking Under Government restriction pending complete

suppression, and that it will not be exported (or, as the case may be, that it
is required solely for medicinal or scientific purposes.)

Signed on behalf of the Ministry or Department of ............................

Signature ...............................................
Official Rank ..........................................
Date ..................................





FormNo. 2. [s. 7. ]

REMOVAL PERMIT.

Opium Ordinance, 19-93.

Permission is hereby granted to ..............................................
subject to the conditions set out below, to move the raw opium described
hereunder
from ..........................................................................................
to .............................................................................................


Condition

1. This permit may he used only between a.m. and p.m.
on ........the ................19

2. If this permit is not used within the hours and on the day specified,
it must be returned to the Superintendent forthwith.

3. The opirurr must not be moved unless a revenue officer is present.

4. The permit must be produced whenever demanded by a, revenue
officer or police officer.

5 . ................................................................

Date ....

...................
Superintendent.

NoTE:-The conditions may be varied or addexi to by the Superintendent.





Foum No. 3. [s. 7.]

EXPORT PERMIT.

opium ordinance, 1923.

Permission is bereby granted to

.....................subject to the conditions set out below, to export the raw
opium described hereunder to
by the S.S

conditions

This permit may be used...............only between a.m.
and
.....................................p.m on
the ............. 19

2. If this permit is not rised within the hours and on the day specilied, it
inust be returned to tbe Superintendent forthwith.

3. The opium must, not he moved unless a revenue officer is present

4. The permit. must be produced whenever demanded by a revenue officer
or police officer.

5 . .......................................................................................

Date .......................................

Superintendent.

NOTE:-The conditions may be varied or added to by the Superintendent.
Form No. 4. [s. 7.]
EXPORT MEMORANDUM.

Opium Ordinance, 1923.
Memorandum of raw opium for export per S.S ...............................


[Second Schedule, rep. Law Revision Ordinance
1924.]

[Originally No. 30 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Divan keeper. Exportation. Implement. Importation. Opium. [s. 2 contd.] Opium divan. Opium dross. Possession. Person. Prepared opium. Preparing opium. Raw opium. Ship. Superintendent. Wharf. Regulations. First Schedule. Restrictions on the importation and exportation of raw opium. [s. 4 contd.] First Schedule. Form No. 1. [s. 4 contd.] First Schedule. Form No. 1. Prohibition of possession of, and dealing in, raw opium. Restriction on movement of raw opium. Permits. First Schedule. Forms Nos. 2 and 3. Memorandum of raw opium exported to be furnished to master. First Schedule. Form No. 4. Exclusive right of preparing and selling prepared opium. Licences to sell prepared opium. Preparation of opium and importation of prepared opium prohibited. Possession of prepared opium other than that prepared by Government prohibited. Onus. Sale of prepared opium. Limitation of quantity of prepared opium allowed in possession of private person. Opium divans and smoking therein prohibited. Presumptions (1) as to opium divans, (2) as to smoking opium in an opium divan. Possession of Government opium labels and wrappers detached from the Government receptacles. Possession of labels, etc., resembling Government opium labels, and dies, etc., for the production of such labels, etc. Counterfeiting Government opium preparations or distinctive marks thereon. Exportation of prepared opium prohibited. Ships prohibited from being used in smuggling opium. Opium not on ship's manifest. Postal provisions. Superintendent and Assistant Superintendents. Revenue officers. Police officers: badge. Confirmation of certain appointments. No. 4 of 1914. Certain public officer may board and remain on ship. Search of persons entering Colony and of their goods and baggage. Examination of things other than passengers' accompanied baggage. Arrest and search on reasonable suspicion. [s. 31 contd.] Compensation for unsuccessful search to be paid by Superintendent. Manner of seizure not to be inquired into. Rules as to secrecy of information and protection of informers. Magistrate may permit accused persons to give evidence for prosecution in certain cases. Accused persons thus assisting prosecution to obtain indemnity from prosecution. Presumptions. Certificate as to character, quantity and value of opium. Offences. [s. 38 contd.] [s. 38 contd.] Penalties. Forfeiture. Disposal of fines and estreated bail. (a) Name, address and business of importer. (b) Exact description and amount of opium to be imported. (c) Name and address of firm in exporting country from which the opium is to be obtained. (d) State any special conditions to be observed. [First Schedule contd.] [First Schedule contd.]

[Originally No. 30 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Divan keeper. Exportation. Implement. Importation. Opium. [s. 2 contd.] Opium divan. Opium dross. Possession. Person. Prepared opium. Preparing opium. Raw opium. Ship. Superintendent. Wharf. Regulations. First Schedule. Restrictions on the importation and exportation of raw opium. [s. 4 contd.] First Schedule. Form No. 1. [s. 4 contd.] First Schedule. Form No. 1. Prohibition of possession of, and dealing in, raw opium. Restriction on movement of raw opium. Permits. First Schedule. Forms Nos. 2 and 3. Memorandum of raw opium exported to be furnished to master. First Schedule. Form No. 4. Exclusive right of preparing and selling prepared opium. Licences to sell prepared opium. Preparation of opium and importation of prepared opium prohibited. Possession of prepared opium other than that prepared by Government prohibited. Onus. Sale of prepared opium. Limitation of quantity of prepared opium allowed in possession of private person. Opium divans and smoking therein prohibited. Presumptions (1) as to opium divans, (2) as to smoking opium in an opium divan. Possession of Government opium labels and wrappers detached from the Government receptacles. Possession of labels, etc., resembling Government opium labels, and dies, etc., for the production of such labels, etc. Counterfeiting Government opium preparations or distinctive marks thereon. Exportation of prepared opium prohibited. Ships prohibited from being used in smuggling opium. Opium not on ship's manifest. Postal provisions. Superintendent and Assistant Superintendents. Revenue officers. Police officers: badge. Confirmation of certain appointments. No. 4 of 1914. Certain public officer may board and remain on ship. Search of persons entering Colony and of their goods and baggage. Examination of things other than passengers' accompanied baggage. Arrest and search on reasonable suspicion. [s. 31 contd.] Compensation for unsuccessful search to be paid by Superintendent. Manner of seizure not to be inquired into. Rules as to secrecy of information and protection of informers. Magistrate may permit accused persons to give evidence for prosecution in certain cases. Accused persons thus assisting prosecution to obtain indemnity from prosecution. Presumptions. Certificate as to character, quantity and value of opium. Offences. [s. 38 contd.] [s. 38 contd.] Penalties. Forfeiture. Disposal of fines and estreated bail. (a) Name, address and business of importer. (b) Exact description and amount of opium to be imported. (c) Name and address of firm in exporting country from which the opium is to be obtained. (d) State any special conditions to be observed. [First Schedule contd.] [First Schedule contd.]

https://oelawhk.lib.hku.hk/items/show/1372

1923

v5

134

No. 30 of 1923

24