SALT AND OPIUM ORDINANCE
Title
SALT AND OPIUM ORDINANCE
Description
Salt and Opium.
No. 5 of 1846.
An Ordinance to repeal Ordinance No. 21 of 1844, and to make better
Provision for licensing the Weighing and Brokerage of Salt, and the
Sale of Opium, Bhaang, Ganja; Paun, Betel, and Betel-leaf, within
the Colony of Hongkong, and for the Licensing of Pawnbrokers
and Auctioneers, with a Table of Fees on official Licenses and
Signatures.
[12th July, 1845.]
HEREAS it is expedient to raise such funds ,as may be necessary to defray
rreambie.
the civil expenses of the Colony, and to amend the said Ordinance No. 21
of the year 1844:-
1. Be it therefore. enacted and ordained, with a view to the part
performance of
such objects by. His Excellency the Governor of Hongkong, with the advice
of the
Legislative Council thereof, that said Ordinance be and is hereby
repealed, and that
no person shall, within the .said Colony of Hongkong or its dependencies,
or the
waters thereof, carry on the trade or occupation of a broker or weigher
of salt or
ORDINANCE No. 5 or 1845.
Salt and Opium.
Powers of the
Governor with
respect to the
grantingiof ouch
licences.
barter, sell, or retail any opium in a smaller quantity than one chest,
or barter, sell,
or retail bhaang, ganja, paun, betel, and betel-leaf in any less quantity
than may
hereafter be determined in manner hereinafter mentioned, without having
previously
obtained a licence for that purpose from the Governor for the time being
in the
Executive council.
2. And be it further enacted and ordained, that it shall be lawful for
the said
Governor for the time being in said Executive Council to grant by licence
to one or
more persons the exclusive right and privilege of exercising the trade or
occupation
of a broker or weigher of salt, or of selling or retailing opium in any
quantity less
than one chest, and of selling and retailing bhaang, ganja, paun, betel,
and betel-leaf
in any quantity less than that which may be determined on .from time to
time
hereafter by the said Governor, with the advice of the said Council
within the Colony
of Hongkong and its dependencies, and the waters thereof.
Provision re- 3. And be it further enacted and ordained, that the said
licence or licences
specting the
granting of such shall be granted to the highest bidders for the same
respectively, to be ascertained by
licences.
public auction, or by tenders to be sent in, in pursuance of public
notice to that effect,
and on such conditions relative to the giving of security for the payment
of the sam
tendered, and for the maintenance of good order, and the prevention of
riots or
disturbances among the persons engaged in the salt trade, or on the
premises of
persons retailing or selling opium, bhaang, ganja, paun, betel, and
betel-leaf, under
such licence or licences, within the said Colony of Hongkong or its
dependencies, or
the waters thereof, and subject to such other regulations in all respects
as from time
to time to His Excellency the Governor, with the advice of the said
Executive
Council, may seem fit.
Penalties Impo- 4. And be it further enacted and ordained, that if any
person, without having
sed on unlicensed
dealers. obtained such licence as aforesaid, shall exercise or carry on
the trade or occupation
of weighing salt within the said Colony of Hongkong and its dependencies,
or the
waters thereof, or shall sell, barter, or retail opium in any quantity
less than one
chest, or sell, barter, or retail bhaaug, ganja, paun, betel, and
beteMeaf, in any
quantity less than may be so determined on in Council as aforesaid, or
shall infringe
any -of the regulations after public notice thereof, from time to time to
be established
by the Governor in Council under the authority of this Ordinance,-he
shall be liable
to a penalty not exceeding five hundred dollars, to be recovered in a
summary manner
before any Magistrate of Police; and in default of the said penalty being
duly paid
after conviction, the same shall be levied by distress and sale of the
offender's goods
and chattels; and if there be no sufficient distress, every such offender
shall be liable
to imprisonment for a period not exceeding six calendar months.
Power reserved 5. And be it further .enacted -and ordained, that it shall
and may be lawful to
to the Governor
In Conncilto and for the said Governor in Council from time to time to
make such further
make further
regulations regulations or orders as to him shall seem fit, respecting the
weighing or brokerage
thorn time to time. of salt, or the sale of opium, bhaang, ganja, paun,
betel, and betel-leaf, with the power
ORDINANCE No. 5 of 1845.
Salt and Opium.
to enforce the same by such penalties as shall seem expedient, provided
always that
such penalties shall not exceed those hereinbefore imposed.
6. And be it further enacted and ordained, that it shall and may be
lawful to
and for the said Governor, with the advice of the said Council, to make
hereafter all
such rules and regulations as to him may seem expedient concerning the
farming,
selling, and retailing of bhaang, ganja, paun, betel, and betel-leaf, and
that in the
making and enforcing of such rules and regulations he shall be vested
with all and
singular the powers and authority hereby vested in him with respect to
the selling,
farming, and retailing of opium.
7. And be it further enacted and ordained, that no person shall exercise
or carry
on the trade or occupation of a pawnbroker or of an auctioneer, or shall
keep a public
billiard table, without having previously obtained a licence from the
Governor of
Hongkong for the time being in Council, which licence shall endure for
the space of
one year from the date thereof: Provided always, that every person taking
out a
pawnbroker's or an auctioneer's licence, or a licence for a public
billiard table, shall
pay into the Colonial Treasury such sums as to His Excellency the
Governor, with
the .advice of the Executive Council, may seem fit, the said sums to be
paid previous
to the granting of such licence or licences.
8. And be it further enacted and ordained, that if any person shall,
without
having obtained such licences aforesaid, carry on or exercise the trade
or occupation
of a pawnbroker or auctioneer, or keep a public billiard table, or either
or any of
them, or shall be convicted of exposing for sale, or putting up anything
whatever to
public auction, or of taking anything whatever in pawn, he shall be
liable to a penalty
not exceeding two hundred dollars, to be recovered in a summary manner
before any
Police Magistrate; and in default of payment, the same to be levied by
distress and
sale of his goods and chattels.
8. And be it further enacted and ordained, that the Governor in Council,
if he
see fit, shall be empowered to levy an auction-duty of two.and-a-half per
cent oil all
sales by auction within this Colony.*
10. And be it further enacted and ordained, that every person who shall
act as an
auctioneer in the said Colony shall make and give, at the office of the
Colonial
Secretary, once in every three months, a faithful and true return on oath
of all the
sums received at sales made by him as auctioneer within the said three
months, and
that every such Auctioneer shall, from every sum received by him on the
sale of any
article by him ire that capacity, deduct the sum sanctioned under this
.Ordinance, and
pay the amount thereof into the Colonial Treasury quarterly; and the
books of such
Power to Gov-
ernor in Council
to make like
regulations for
the farming,
sailing, and
retailing of .
cauae alma
betel-leaf, as
for opium.
No person to act
as pawnbroker
or auctioneer,
or keep a public
billiard ~able,
without a licence
for each
purposes.
Under penalty
not exceeding.
two hundred
dollars.
Discretionary
power to levy
an anetion-duty
of two-and-a-half
per cent on all
sales. ['s Duty
abolished: See
Goaemment
Not(ication 16th
March, 1849, and
an annualfee
of $150impoaed.
Subsequently
increand to I$500:
See Government
Nooficatdon,
Gazette
27th Tune, 18.57.1
Auctioneer.tY~make qasfa.
returns un ostp;.,
and deduct the
anction-dntles- _ _
his books being ,'
liable to inepeo
tion . . ..
ORDINANCES Nos. 5 AND 6 0y 1845.
Salt and Opium.
,$upremc Court.
auctioneer shall at all times be liable to inspection by any person or
persons duly
authorized by the Governor: And it is hereby declared, that any such
auctioneer,
failing duly to comply with the provisions of this fiction shall be
considered to have
forfeited his licence, and such licence shall be absolutely void by such
neglect or
default.
Octal fee' to 11. And be it further enacted and ordained, that the
following official fees, as,
be levied.
set forth in the annexed table, shall be levied and made payable from and
after the
passing of this Ordinance-all fees so levied to be paid into the Colonial
Treasury.
[Repeated by Ordinance No. 5 of 1888. ~
TABLE OF FEES.
1. For granting a marriage licence; $5.
2. For the signature of the Governor, $5.
3. For the signature of the Colonial Secretary, $2.
[So muck as relates in this Ordirtunce to smoking divans, opium, 8pc.
repealed
by Ordinance No. 2 of 1858.: the whole Ordinance repealed by Ordinance
IVo. 21 of
1887, except section IL] '
No. B of 184.
Title, An Ordinance to repeal Ordinance No. 15 of 1844, for the
Establishment
of a Supreme Court of Judicature at Hongkong, and to substitute
other provisions in lieu thereof.
Preamble.
Ordinaucs No.
16 of 1844 re-
pealed.
19th August, 1845.. .
WHEREAS it is expedient that the matters embraced in Ordinance No. 15
relating to the establishment of .the Supreme Court of Hongkong, trial by,
jury, criminal proceedings, and the summary jurisdiction of the Court,
should be pro-
vided for by separate and distinct ordinances; Be it therefore enacted
and ordained
by His Excellency the Governor of Hongkong, by and with the advice of the
Legislative
Council thereof, that the said Ordinance No. 15 shall, from and after the
passing of
'this Ordinance, be, and the same is hereby repealed.
Former court 2. And be it further enacted and ordained, that from and
after the passing of ng
abolished. this Ordinance, the Court at Hongkong with criminal arid
admiralty jurisdiction, which
has hitherto been holden by the Chief Superintendent, shall be, and it is
hereby
abolished.
A Supreme Court 8. And be it further enacted and ordained, that there
shall be within and for the
i ettuted to be Colony of Hongkong a Court, which shall be called 'The
Supreme Court of Hongkong,''
therein.
and that the said Supreme Court of Hongkong shall be a Court of Retard.
117
Title.
Preamble.
No person to act as a broker or weigher of salt, or retail opium, bhaang, ganja, paun, betel, or betel-leaf, without a licence.
Powers of the Governor with respect to the granting of such licences.
Provisions respecting the granting of such licences.
Penalties imposed on unlicensed dealers.
Power reserved to the Governor in Council to make further regulations from time to time.
Power to Governor in Council to make like regulations for the farming, selling and retailing of bhaang, ganja, paun, betel, and betel-leaf, as for opium.
No person to act as pawnbroker or auctioneer, or keep a public billiard table, without a licence for such purposes.
Under penalty not exceeding two hundred dollars.
Discretionary power to levy an auction-duty of two-and-a-half per cent on all sales. [* Duty abolished: See Government Notification 15 th March, 1849, and an annual fee of $150 imposed. Subsequently increased to $300 : See Government Notification, Gazette 27th June, 1857.]
Auctioneer to make quarterly returns on oath, and deduct the suction-duties--his books being liable to inspection.
Official fees to be levied.
Title.
Preamble.
Ordinance No. 15 of 1844 repealed.
Former Court at Hongkong abolished.
A Supreme Court of Record t be instituted therein.
No. 5 of 1846.
An Ordinance to repeal Ordinance No. 21 of 1844, and to make better
Provision for licensing the Weighing and Brokerage of Salt, and the
Sale of Opium, Bhaang, Ganja; Paun, Betel, and Betel-leaf, within
the Colony of Hongkong, and for the Licensing of Pawnbrokers
and Auctioneers, with a Table of Fees on official Licenses and
Signatures.
[12th July, 1845.]
HEREAS it is expedient to raise such funds ,as may be necessary to defray
rreambie.
the civil expenses of the Colony, and to amend the said Ordinance No. 21
of the year 1844:-
1. Be it therefore. enacted and ordained, with a view to the part
performance of
such objects by. His Excellency the Governor of Hongkong, with the advice
of the
Legislative Council thereof, that said Ordinance be and is hereby
repealed, and that
no person shall, within the .said Colony of Hongkong or its dependencies,
or the
waters thereof, carry on the trade or occupation of a broker or weigher
of salt or
ORDINANCE No. 5 or 1845.
Salt and Opium.
Powers of the
Governor with
respect to the
grantingiof ouch
licences.
barter, sell, or retail any opium in a smaller quantity than one chest,
or barter, sell,
or retail bhaang, ganja, paun, betel, and betel-leaf in any less quantity
than may
hereafter be determined in manner hereinafter mentioned, without having
previously
obtained a licence for that purpose from the Governor for the time being
in the
Executive council.
2. And be it further enacted and ordained, that it shall be lawful for
the said
Governor for the time being in said Executive Council to grant by licence
to one or
more persons the exclusive right and privilege of exercising the trade or
occupation
of a broker or weigher of salt, or of selling or retailing opium in any
quantity less
than one chest, and of selling and retailing bhaang, ganja, paun, betel,
and betel-leaf
in any quantity less than that which may be determined on .from time to
time
hereafter by the said Governor, with the advice of the said Council
within the Colony
of Hongkong and its dependencies, and the waters thereof.
Provision re- 3. And be it further enacted and ordained, that the said
licence or licences
specting the
granting of such shall be granted to the highest bidders for the same
respectively, to be ascertained by
licences.
public auction, or by tenders to be sent in, in pursuance of public
notice to that effect,
and on such conditions relative to the giving of security for the payment
of the sam
tendered, and for the maintenance of good order, and the prevention of
riots or
disturbances among the persons engaged in the salt trade, or on the
premises of
persons retailing or selling opium, bhaang, ganja, paun, betel, and
betel-leaf, under
such licence or licences, within the said Colony of Hongkong or its
dependencies, or
the waters thereof, and subject to such other regulations in all respects
as from time
to time to His Excellency the Governor, with the advice of the said
Executive
Council, may seem fit.
Penalties Impo- 4. And be it further enacted and ordained, that if any
person, without having
sed on unlicensed
dealers. obtained such licence as aforesaid, shall exercise or carry on
the trade or occupation
of weighing salt within the said Colony of Hongkong and its dependencies,
or the
waters thereof, or shall sell, barter, or retail opium in any quantity
less than one
chest, or sell, barter, or retail bhaaug, ganja, paun, betel, and
beteMeaf, in any
quantity less than may be so determined on in Council as aforesaid, or
shall infringe
any -of the regulations after public notice thereof, from time to time to
be established
by the Governor in Council under the authority of this Ordinance,-he
shall be liable
to a penalty not exceeding five hundred dollars, to be recovered in a
summary manner
before any Magistrate of Police; and in default of the said penalty being
duly paid
after conviction, the same shall be levied by distress and sale of the
offender's goods
and chattels; and if there be no sufficient distress, every such offender
shall be liable
to imprisonment for a period not exceeding six calendar months.
Power reserved 5. And be it further .enacted -and ordained, that it shall
and may be lawful to
to the Governor
In Conncilto and for the said Governor in Council from time to time to
make such further
make further
regulations regulations or orders as to him shall seem fit, respecting the
weighing or brokerage
thorn time to time. of salt, or the sale of opium, bhaang, ganja, paun,
betel, and betel-leaf, with the power
ORDINANCE No. 5 of 1845.
Salt and Opium.
to enforce the same by such penalties as shall seem expedient, provided
always that
such penalties shall not exceed those hereinbefore imposed.
6. And be it further enacted and ordained, that it shall and may be
lawful to
and for the said Governor, with the advice of the said Council, to make
hereafter all
such rules and regulations as to him may seem expedient concerning the
farming,
selling, and retailing of bhaang, ganja, paun, betel, and betel-leaf, and
that in the
making and enforcing of such rules and regulations he shall be vested
with all and
singular the powers and authority hereby vested in him with respect to
the selling,
farming, and retailing of opium.
7. And be it further enacted and ordained, that no person shall exercise
or carry
on the trade or occupation of a pawnbroker or of an auctioneer, or shall
keep a public
billiard table, without having previously obtained a licence from the
Governor of
Hongkong for the time being in Council, which licence shall endure for
the space of
one year from the date thereof: Provided always, that every person taking
out a
pawnbroker's or an auctioneer's licence, or a licence for a public
billiard table, shall
pay into the Colonial Treasury such sums as to His Excellency the
Governor, with
the .advice of the Executive Council, may seem fit, the said sums to be
paid previous
to the granting of such licence or licences.
8. And be it further enacted and ordained, that if any person shall,
without
having obtained such licences aforesaid, carry on or exercise the trade
or occupation
of a pawnbroker or auctioneer, or keep a public billiard table, or either
or any of
them, or shall be convicted of exposing for sale, or putting up anything
whatever to
public auction, or of taking anything whatever in pawn, he shall be
liable to a penalty
not exceeding two hundred dollars, to be recovered in a summary manner
before any
Police Magistrate; and in default of payment, the same to be levied by
distress and
sale of his goods and chattels.
8. And be it further enacted and ordained, that the Governor in Council,
if he
see fit, shall be empowered to levy an auction-duty of two.and-a-half per
cent oil all
sales by auction within this Colony.*
10. And be it further enacted and ordained, that every person who shall
act as an
auctioneer in the said Colony shall make and give, at the office of the
Colonial
Secretary, once in every three months, a faithful and true return on oath
of all the
sums received at sales made by him as auctioneer within the said three
months, and
that every such Auctioneer shall, from every sum received by him on the
sale of any
article by him ire that capacity, deduct the sum sanctioned under this
.Ordinance, and
pay the amount thereof into the Colonial Treasury quarterly; and the
books of such
Power to Gov-
ernor in Council
to make like
regulations for
the farming,
sailing, and
retailing of .
cauae alma
betel-leaf, as
for opium.
No person to act
as pawnbroker
or auctioneer,
or keep a public
billiard ~able,
without a licence
for each
purposes.
Under penalty
not exceeding.
two hundred
dollars.
Discretionary
power to levy
an anetion-duty
of two-and-a-half
per cent on all
sales. ['s Duty
abolished: See
Goaemment
Not(ication 16th
March, 1849, and
an annualfee
of $150impoaed.
Subsequently
increand to I$500:
See Government
Nooficatdon,
Gazette
27th Tune, 18.57.1
Auctioneer.tY~make qasfa.
returns un ostp;.,
and deduct the
anction-dntles- _ _
his books being ,'
liable to inepeo
tion . . ..
ORDINANCES Nos. 5 AND 6 0y 1845.
Salt and Opium.
,$upremc Court.
auctioneer shall at all times be liable to inspection by any person or
persons duly
authorized by the Governor: And it is hereby declared, that any such
auctioneer,
failing duly to comply with the provisions of this fiction shall be
considered to have
forfeited his licence, and such licence shall be absolutely void by such
neglect or
default.
Octal fee' to 11. And be it further enacted and ordained, that the
following official fees, as,
be levied.
set forth in the annexed table, shall be levied and made payable from and
after the
passing of this Ordinance-all fees so levied to be paid into the Colonial
Treasury.
[Repeated by Ordinance No. 5 of 1888. ~
TABLE OF FEES.
1. For granting a marriage licence; $5.
2. For the signature of the Governor, $5.
3. For the signature of the Colonial Secretary, $2.
[So muck as relates in this Ordirtunce to smoking divans, opium, 8pc.
repealed
by Ordinance No. 2 of 1858.: the whole Ordinance repealed by Ordinance
IVo. 21 of
1887, except section IL] '
No. B of 184.
Title, An Ordinance to repeal Ordinance No. 15 of 1844, for the
Establishment
of a Supreme Court of Judicature at Hongkong, and to substitute
other provisions in lieu thereof.
Preamble.
Ordinaucs No.
16 of 1844 re-
pealed.
19th August, 1845.. .
WHEREAS it is expedient that the matters embraced in Ordinance No. 15
relating to the establishment of .the Supreme Court of Hongkong, trial by,
jury, criminal proceedings, and the summary jurisdiction of the Court,
should be pro-
vided for by separate and distinct ordinances; Be it therefore enacted
and ordained
by His Excellency the Governor of Hongkong, by and with the advice of the
Legislative
Council thereof, that the said Ordinance No. 15 shall, from and after the
passing of
'this Ordinance, be, and the same is hereby repealed.
Former court 2. And be it further enacted and ordained, that from and
after the passing of ng
abolished. this Ordinance, the Court at Hongkong with criminal arid
admiralty jurisdiction, which
has hitherto been holden by the Chief Superintendent, shall be, and it is
hereby
abolished.
A Supreme Court 8. And be it further enacted and ordained, that there
shall be within and for the
i ettuted to be Colony of Hongkong a Court, which shall be called 'The
Supreme Court of Hongkong,''
therein.
and that the said Supreme Court of Hongkong shall be a Court of Retard.
117
Title.
Preamble.
No person to act as a broker or weigher of salt, or retail opium, bhaang, ganja, paun, betel, or betel-leaf, without a licence.
Powers of the Governor with respect to the granting of such licences.
Provisions respecting the granting of such licences.
Penalties imposed on unlicensed dealers.
Power reserved to the Governor in Council to make further regulations from time to time.
Power to Governor in Council to make like regulations for the farming, selling and retailing of bhaang, ganja, paun, betel, and betel-leaf, as for opium.
No person to act as pawnbroker or auctioneer, or keep a public billiard table, without a licence for such purposes.
Under penalty not exceeding two hundred dollars.
Discretionary power to levy an auction-duty of two-and-a-half per cent on all sales. [* Duty abolished: See Government Notification 15 th March, 1849, and an annual fee of $150 imposed. Subsequently increased to $300 : See Government Notification, Gazette 27th June, 1857.]
Auctioneer to make quarterly returns on oath, and deduct the suction-duties--his books being liable to inspection.
Official fees to be levied.
Title.
Preamble.
Ordinance No. 15 of 1844 repealed.
Former Court at Hongkong abolished.
A Supreme Court of Record t be instituted therein.
Abstract
117
Title.
Preamble.
No person to act as a broker or weigher of salt, or retail opium, bhaang, ganja, paun, betel, or betel-leaf, without a licence.
Powers of the Governor with respect to the granting of such licences.
Provisions respecting the granting of such licences.
Penalties imposed on unlicensed dealers.
Power reserved to the Governor in Council to make further regulations from time to time.
Power to Governor in Council to make like regulations for the farming, selling and retailing of bhaang, ganja, paun, betel, and betel-leaf, as for opium.
No person to act as pawnbroker or auctioneer, or keep a public billiard table, without a licence for such purposes.
Under penalty not exceeding two hundred dollars.
Discretionary power to levy an auction-duty of two-and-a-half per cent on all sales. [* Duty abolished: See Government Notification 15 th March, 1849, and an annual fee of $150 imposed. Subsequently increased to $300 : See Government Notification, Gazette 27th June, 1857.]
Auctioneer to make quarterly returns on oath, and deduct the suction-duties--his books being liable to inspection.
Official fees to be levied.
Title.
Preamble.
Ordinance No. 15 of 1844 repealed.
Former Court at Hongkong abolished.
A Supreme Court of Record t be instituted therein.
Title.
Preamble.
No person to act as a broker or weigher of salt, or retail opium, bhaang, ganja, paun, betel, or betel-leaf, without a licence.
Powers of the Governor with respect to the granting of such licences.
Provisions respecting the granting of such licences.
Penalties imposed on unlicensed dealers.
Power reserved to the Governor in Council to make further regulations from time to time.
Power to Governor in Council to make like regulations for the farming, selling and retailing of bhaang, ganja, paun, betel, and betel-leaf, as for opium.
No person to act as pawnbroker or auctioneer, or keep a public billiard table, without a licence for such purposes.
Under penalty not exceeding two hundred dollars.
Discretionary power to levy an auction-duty of two-and-a-half per cent on all sales. [* Duty abolished: See Government Notification 15 th March, 1849, and an annual fee of $150 imposed. Subsequently increased to $300 : See Government Notification, Gazette 27th June, 1857.]
Auctioneer to make quarterly returns on oath, and deduct the suction-duties--his books being liable to inspection.
Official fees to be levied.
Title.
Preamble.
Ordinance No. 15 of 1844 repealed.
Former Court at Hongkong abolished.
A Supreme Court of Record t be instituted therein.
Identifier
https://oelawhk.lib.hku.hk/items/show/31
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 5 of 1845
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SALT AND OPIUM ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 9, 2024, https://oelawhk.lib.hku.hk/items/show/31.
