EXCISE ORDINANCE (OPIUM), 1858-1879
Title
EXCISE ORDINANCE (OPIUM), 1858-1879
Description
Excise (Opium.)
No. 1 of 1879.
An Ordinance to amend Ordinance No. 2 of 1858 entitled 'An Ordinance
for Licensing and Regulating the Sale of Prepared Opium.'
[18th January, 1879.]
WHEREAS by Ordinance No. 2 of 11,859 it is enacted (amongst other things) that
Ordinance 2 of W. the Governor in Council may grant unto any persons for
such considerations
xsss.
and upon such conditions and for, such terms and periods and in such form
as from
time to tame shall be by the Governor in Council regulated 4 and
determined and . also
previously notified to the public in the Hongkong Government Gazette the
sole
privilege of ' boiling and preparing opium and of selling and retailing
within this
Colony or the waters thereof opium so boiled or prepared:
,
And whereas it, is by the said Ordinance also enacted that the person; if
any;
actually holding any such privilege is thereby empowered to grant
licences to all
proper persons authorising them to boil and prepare opium and to sell and
retail opium
so - boiled and prepared
ORDINANCE No. 1 of 1879.
-Excise (Opium.)
.And whereas it is desirable to make some provisions with respect to the
regulating
the quantity of opium manufactured and the transfer of the stocks of raw
and prepared
opium in the possession of the person holding such exclusive privilege
and his licensees
at or near the end of his term of exclusive privilege to the next holder
of the same,
and to make other amendments in the said recited Ordinance:
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof, as follows:-
1. The term ' Excise Officer' shall mean the person appointed by the
Governor
under section 11 of this Ordinance, and. for the purposes of this
Ordinance, any boiled
or prepared opium, or utei:sils or vessels; used for preparing tile same
shall be deemed
to be in possession -o£ any pr on if he knowingly have them in actual
possession,
custody, or control b- himstU o, - by any other person.
2. No person holding such exclusive privilege as aforesaid, nor any
licensee under
such person as aforesaid, shall sell or dispose of any boiled' or
prepared opium at or
uear the end of the term for which such person holds such exclusive
privilege or at
any time during the term for which such person holds such exclusive
privilege so as in
either case to authorize the use of such boiled or prepared opium at any
time after 12
o'clock at noon of the third day after the commencement of the term of
the new holder
of the exclusive privilege, under a penalty, not exceeding one thousand
dollars.
[Repeated by Ordinance No. 7 of 1879.]
3. Every holder of such exclusive privilege shall, one month before the
end of
his term of exclusive privilege expires, give public notice in the form
provided by` the
schedule A hereto that the said privilege is to expire on the day to be
named and that
no boiled or prepared opium purchased from .z such holder of such
exclusive privilege
or from any licensee of such holder can be used after such titre without
the consent of
the new holder. Such notice shall be printed in English and Chinese and
the holder
of the exclusive privilege shall supply copies thereof to all persons
licensed. by him
under the said recited Ordinance: and every person so licensed shall
exhibit the notice
in his place of sale in a conspicuous position so as to be plainly
visible to every person,
entering such place of sale. . Any person offending against any of the
provisions of
this section shall be liable to a penalty riot exceeding one hundred
dollars. '4. The holder of the exclusive privilege and his licensees
shall,, on the expiration
of his term, band over to the incoming holder, and the incoming holder
shall take over
from the outgoing holder all- his stock of raw, boiled and prepared opium
at such
prices as may be settled subject to the proviso hereinafter contained for
arbitration in
case of difference.
5. Neither the holder of the exclusive privilege nor his licensees shall,
at or near
the end of his term, manufacture more than the usual quantity of boiled
or prepared
opium, or sell any boiled or prepared opium at less than the average
current prices of
the day, or in greater quantities than usual at the time of the year, and
shall not sell,
export, or otherwise make away with or dispose of any of his stock of
boiled or prepared
opium, but shall make over to the new holder 'of the said exclusive
privilege the full
1467
Interpretation
clause.
Excise Officer:
Possession.'
Holder of
exclusive
privilege and
licensees not to
authorize use
of prepared
opium beyond
limited period.
Holder of
exclusive
privilege to
give notice of
expiration of
terns.
Penalty.
Out-going
holder of
exclusive
privilege to
hand over
stocks to
incoming
holder.
Restrictions
on holder of
exclusive
privilege.
Difference
'between out-
-going and
incoming
holders of
exclusive
privilege to be
Wed by
-arbitration.
Amendment of
-Ordinance 2 of
ORDINANCE No. 1 OF 1879.
Excise (Opium.)
and complete stock of raw or boiled and prepared opium at the marketable
valve
thereof and in the event of any difference arising as to quantities of
boiled and prepared
opium manufactured or sold during the last three months of the term and
the price of
the same and of the nature and quantity of the raw or boiled or prepared
opium so
to be purchased or made over and the prices thereof, such difference
shall be determined
by three arbitrators, one to be appointed by the new holder of the
exclusive privilege,
one by the person whose exclusive privilege has expired or is about to
expire, and one
by the Governor, and the award of such arbitrators or a majority of them
shall be final,
and the arbitration or such other settlement shill beheld at such time at
or before or
after the end of the term of the outgoing holdei° of the eaelusive
privilege as to the
Governor may seem reasonable, and any award n,e ~%W''1,ae`~$led in Court
pursuant
to the provisions of 'The Hongkong Code of Civil pya&~ure.' ~.~epealed by
Ordinance
No. 7 of 1879, and new section substituted.~
Section 8 of the said recited Ordinance shall be amended by, the insertion
therein and the addition thereto of the following words:--After the word
'any' in
the third line of the said section the words 'boiled or' and after the
word 'opium'
in the fourth line thereof the words 'not purchased from the holder of
the existing
4` privilege for the time being or his licensee the burthen of proof of
which purchase
'shall lie upon any person alleging that he so purchased the same.
Provided always
~` t17at no person who may have purchased any boiled or prepared opium
from the
'outgoing holder of the exclusive privilege or from any licensee of such
outgoing
x~ holder shall be liable to be convicted for having in his possession
such boiled or
'pxepared opium not exceeding three taels weight at any time before noon
on the third
'day after the commencement o the new holder's privilege.' [Repealed by
Ordinance
No. 7 of .T879.j -
1'repare(t optam, . 7, .All bailed or prepared opium offered or exposed
for sale or rtta,il by any
&C:; found in
~na~>~prsEa unauthorised person and all boiled or prepared opium found
in-the possession or
persons, or r a custody or .control of any unauthorised person or in any
unauthorised place, except as
tdaces,may be
.~iZe~. . in the, last section mentioned, and any utensils 'or vessels
which have been used or
which are manifestly intended to be used in boiling or preparing opium by
any,
unauthorised person or in any unauthorised~place, may be~.seized by a
police -or excise
officer, and shall be forfeited and nay lie by a Magistrate delivered and
adjudged to `
the holder of the exclusive privilege for the time being; [amended by
Ordinance No. 4
and nnauthor- ' of 1883 and any unauthorised person in whose possession
any such boiaed or prepared
iced persons may
be taken before opium or utensils or vessels are found may be apprehended
and taken before a
u. Jlahistrt~te. f
Magistrate by any police or excise officer. -
Raw nninm forma $. Whenever boiled or prepared opium is so seizea as last
aforesaid and any such y
in.posse$sion of
nnanthorisea utensils or vessels are also seized as aforesaid, the police
or excise officer seizing the .
persons or in
unauthorised same may also seize an raw opium that ma be found in the
custody or ~ control of
places may ~ y ~
ae!exzea, such unauthorised person or in such unauthorised place and such
raw opium shall be
subject to the order of the Magistrate before whom the case is brought.
ORDINANCE No. 1 of 1879.
Excise (Opium.)
9. Whenever from any other cause there is reasonable ground to believe
that
boiled or prepared opium is manufactured by any unauthorised person or in
any,
unauthorised place within this Colony it shall be lawful for a police or
excise officer to
seize any raw opium found in the possession of such unauthorised person
or in such
unauthorised place.
10. Ally Justice of the Peace may issue a search warrant under section 9
of the Seizure under
search warrant.
said recited Ordinance, and such search warrant may be executed by any
police or
excise officer and tile person execrating any such search warrant may
seize and hold
any utensils or vessels which have been used or which are manifestly
intended to be
used in boiling or preparing opium and in any case where boiled or
prepared opium is
found under the circumstances mentioned in the said section of the said
recited Ordinance
or any such utensils or vessels as last a~oresaid are found, may also
seize any- raw
opium found in the possession of any person having such boiled or
prepared opium,
utensils, or vessels, or in any such tenement, place, or vessel as is
mentioned in the said
section.
11. The Governor may, for the purposes of this.Ordinance, grant his
warrant in Excise officer.
Warrant of
form of schedule (B) to such agents or servants of the holder of the
exclusive privilege appointment.
for the time being as may be approved of by him to act as excise
officers: [amended by
Ordinance No. 4 of 1883] and no persons except those so appointed shall
be competent
to act as excise officers under this and the said recited Ordinance. Such
warrants,may. .
at any time be withdrawn by the Governor and any person without lawful
authority
assuming to act as an excise officer under this Ordinance shall be liable
'to a penalty'
not exceeding one hundred dollars. a
12, The names and places of residence of every excise officer, so
appointed as
aforesaid shall be posted in a conspicuous place at the Police Court.
Officer may seize
raw opium under
special circum-
stances.
13. Every excise officer appointed under this Ordinance ,shall be
supplied fat the
expense of the holder of the exclusive .privilege for tae time being:
repeated by Ordinance No. 4
of 1883] with a badge bearing such sign or mark of office as may be
directed by the
Governor and before acting against any person under the provisions of
this Ordinance
every such excise officer shall declare his office and produce to the
person against whom
he is about to act his said badge. Every Police officer acting, under the
provision of
this or the said recited Ordinance, if not in the uniform proper to his
service shall in
like inanner declare his office and produce to the person against whom he
is about to
act such part of his public equipment as the Captain Superintendent of
Police shall
haws directed or may direct to be carried by Police officers when
employed,on secret or
special.service. .
14. AlI penalties under the said recited Ordinance or under this
Ordinance may Pen
summarily,
be ,recovered in a summary wad before any Dlagistrate.
15: In case any boiled or prepared opium or utensils or vessels used for
preparing -
the sa*e are found without being apparently in the possession of any one,
it shall be
lawful fog the Magistrate to cause a notice to be affixed at the place
where any such
article may be found calling upon the owner thereof to claim the same,
and in case no
Excise officers'
names to be
posted at Police .
Court.
Excise officers to
be supplied with
badges.
Police officer to
produce part of
his public
equipment when
acting as excise
officer.
Proceedings in
case of prepared
opinmf &c., found
without being
apparently in
possession of any
one.
ORDINANCE No. 1 w 1879.
Excise (Opium.
person shall come forward to make a claim within one week from the date
of such
notice, the same together with any raw opium that may be found in the same
' place shall be forfeited and may be handed over by the Magistrate to the
holder of
the exclusive privilege for the time being. [Amended by Ordinance No. 4
of 1883.]
Forfeiture of raw 16. Where any boiled or prepared opium, or utensils or
vessels used for preparing
opium found
where opium is the, same are4found in the possession of any unauthorized
person, or in any unautho-
unlawfniiy boiled
or prepared. riled place, and it appears to a Magistrate that such boiled
or prepared opium was
boiled or prepared by such person, or in such place, or if any utensil or
vessel used
for boiling or preparing opium be found in the possession of such person
or in such
place, it shall be lawful for such Magistrate to declare any raw opium
found iii the
possession of such person or in' such place to be forfeited and to direct
that the same
shall be delivered to the person holding the exclusive privilege at the
time when the
same was so found as aforesaid. [Amended 4 Ordinance No. 4 of 1888.1
Present holder of 17, It shall be in the power of the person holding the
exclusive privilege as afore-
excluaive privi-
iese may tern'i- said at the time when this Ordinance comes into oporation
to terminate the term -granted
nate terms. to hire by giving one month's notice to that, effect to the
Colonial Secretary of this
Colony, provided that such notice be given and received within one.mouth
from the
date when thin Ordinance so cornea into operation, and if such notice be
not given as
aforesaid, then the present arrangements shall, subject however to the
provisions herein
contained, continue in full force and effect during the term still
unexpired.,,,
1$. This Ordinance shall be construed with the said recited Ordinance and
shall
come into operation from the date hereof, and this and the said recited
Ordinance may
be cited as 'The Excise Ordinance, (Opium), 1858-187.'
'construction.
yl'tCn. .
Date 18
[All repealed by Ordinance l1'0. 1 of .T 884.
SCFIEDUZE A.
.Excise Ordinance (Opium.) X858-X87p.
Notice of cessation of exclusive privilege under Ordinance 1 of 1879,
section 3.
Notice is hereby given that the exclusive privileges for boiling and
preparing opium and selling
and retailing opium so boiled or. prepared will cease on the day of
i$ , and that no boiled or prepared opium purchased from (us) or (our)
licensees can be used after
the day of
of such exclusive privilege as aforesaid.
18 , at noon, without the consent of the new holder
' SCHEDULE B.
Excise Ordinance (Opium) X858-18'9.
of in
is hereby appointed to be an excise officer under the '° Excise Ordinance
(Opium) 18 58-1379,' and is
duly vested with all the rights, powers, and immunities of such officer
under the provisions of the said
Ordinance, until the day of 18 ~ , or until this licence is revoked by
the Governor of this Colony for the time being.
By His Excellency's Command,
Colonial Secretary.
1466
Title.
Preamble.
Ordinance 2 of 1858.
1467
Interpretation clause.
'Excise Officer.'
'Possession.'
Holder of exclusive privilege and licensees not to authorize use of prepared opium beyond limited period.
Holder of exclusive privilege to give notice of expiration of term.
Penalty.
Out-going holder of exclusive privilege to hand over stocks to incoming holder.
Restrictions on holder of exclusive privilege.
1468
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
Amendment of Ordinance 2 of 1858.
Prepared opium &c., found in possession of unauthorised persons, or in unauthorised places may be seized.
And unauthorised persons may be taken before a Magistrate.
Raw opium found in possession of unauthorised persons or in unauthorised places may be seized.
1469
Officer may seize raw opium under special circumstances.
Seizure under search warrant.
Excise officer.
Warrant of appointment.
Excise officers' names to be posted at Police Court.
Excise officers to be supplied with badges.
Police officer to produce part of his public equipment when acting as excise officer.
Penalties to be recovered summarily.
Proceedings in case of prepared opium, &c., found without being apparently in possession of any one.
1470
Forfeiture of raw opium found where opium is unlawfully boiled or prepared.
Present holder of exclusive privilege may terminate terms.
Construction.
Title.
No. 1 of 1879.
An Ordinance to amend Ordinance No. 2 of 1858 entitled 'An Ordinance
for Licensing and Regulating the Sale of Prepared Opium.'
[18th January, 1879.]
WHEREAS by Ordinance No. 2 of 11,859 it is enacted (amongst other things) that
Ordinance 2 of W. the Governor in Council may grant unto any persons for
such considerations
xsss.
and upon such conditions and for, such terms and periods and in such form
as from
time to tame shall be by the Governor in Council regulated 4 and
determined and . also
previously notified to the public in the Hongkong Government Gazette the
sole
privilege of ' boiling and preparing opium and of selling and retailing
within this
Colony or the waters thereof opium so boiled or prepared:
,
And whereas it, is by the said Ordinance also enacted that the person; if
any;
actually holding any such privilege is thereby empowered to grant
licences to all
proper persons authorising them to boil and prepare opium and to sell and
retail opium
so - boiled and prepared
ORDINANCE No. 1 of 1879.
-Excise (Opium.)
.And whereas it is desirable to make some provisions with respect to the
regulating
the quantity of opium manufactured and the transfer of the stocks of raw
and prepared
opium in the possession of the person holding such exclusive privilege
and his licensees
at or near the end of his term of exclusive privilege to the next holder
of the same,
and to make other amendments in the said recited Ordinance:
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof, as follows:-
1. The term ' Excise Officer' shall mean the person appointed by the
Governor
under section 11 of this Ordinance, and. for the purposes of this
Ordinance, any boiled
or prepared opium, or utei:sils or vessels; used for preparing tile same
shall be deemed
to be in possession -o£ any pr on if he knowingly have them in actual
possession,
custody, or control b- himstU o, - by any other person.
2. No person holding such exclusive privilege as aforesaid, nor any
licensee under
such person as aforesaid, shall sell or dispose of any boiled' or
prepared opium at or
uear the end of the term for which such person holds such exclusive
privilege or at
any time during the term for which such person holds such exclusive
privilege so as in
either case to authorize the use of such boiled or prepared opium at any
time after 12
o'clock at noon of the third day after the commencement of the term of
the new holder
of the exclusive privilege, under a penalty, not exceeding one thousand
dollars.
[Repeated by Ordinance No. 7 of 1879.]
3. Every holder of such exclusive privilege shall, one month before the
end of
his term of exclusive privilege expires, give public notice in the form
provided by` the
schedule A hereto that the said privilege is to expire on the day to be
named and that
no boiled or prepared opium purchased from .z such holder of such
exclusive privilege
or from any licensee of such holder can be used after such titre without
the consent of
the new holder. Such notice shall be printed in English and Chinese and
the holder
of the exclusive privilege shall supply copies thereof to all persons
licensed. by him
under the said recited Ordinance: and every person so licensed shall
exhibit the notice
in his place of sale in a conspicuous position so as to be plainly
visible to every person,
entering such place of sale. . Any person offending against any of the
provisions of
this section shall be liable to a penalty riot exceeding one hundred
dollars. '4. The holder of the exclusive privilege and his licensees
shall,, on the expiration
of his term, band over to the incoming holder, and the incoming holder
shall take over
from the outgoing holder all- his stock of raw, boiled and prepared opium
at such
prices as may be settled subject to the proviso hereinafter contained for
arbitration in
case of difference.
5. Neither the holder of the exclusive privilege nor his licensees shall,
at or near
the end of his term, manufacture more than the usual quantity of boiled
or prepared
opium, or sell any boiled or prepared opium at less than the average
current prices of
the day, or in greater quantities than usual at the time of the year, and
shall not sell,
export, or otherwise make away with or dispose of any of his stock of
boiled or prepared
opium, but shall make over to the new holder 'of the said exclusive
privilege the full
1467
Interpretation
clause.
Excise Officer:
Possession.'
Holder of
exclusive
privilege and
licensees not to
authorize use
of prepared
opium beyond
limited period.
Holder of
exclusive
privilege to
give notice of
expiration of
terns.
Penalty.
Out-going
holder of
exclusive
privilege to
hand over
stocks to
incoming
holder.
Restrictions
on holder of
exclusive
privilege.
Difference
'between out-
-going and
incoming
holders of
exclusive
privilege to be
Wed by
-arbitration.
Amendment of
-Ordinance 2 of
ORDINANCE No. 1 OF 1879.
Excise (Opium.)
and complete stock of raw or boiled and prepared opium at the marketable
valve
thereof and in the event of any difference arising as to quantities of
boiled and prepared
opium manufactured or sold during the last three months of the term and
the price of
the same and of the nature and quantity of the raw or boiled or prepared
opium so
to be purchased or made over and the prices thereof, such difference
shall be determined
by three arbitrators, one to be appointed by the new holder of the
exclusive privilege,
one by the person whose exclusive privilege has expired or is about to
expire, and one
by the Governor, and the award of such arbitrators or a majority of them
shall be final,
and the arbitration or such other settlement shill beheld at such time at
or before or
after the end of the term of the outgoing holdei° of the eaelusive
privilege as to the
Governor may seem reasonable, and any award n,e ~%W''1,ae`~$led in Court
pursuant
to the provisions of 'The Hongkong Code of Civil pya&~ure.' ~.~epealed by
Ordinance
No. 7 of 1879, and new section substituted.~
Section 8 of the said recited Ordinance shall be amended by, the insertion
therein and the addition thereto of the following words:--After the word
'any' in
the third line of the said section the words 'boiled or' and after the
word 'opium'
in the fourth line thereof the words 'not purchased from the holder of
the existing
4` privilege for the time being or his licensee the burthen of proof of
which purchase
'shall lie upon any person alleging that he so purchased the same.
Provided always
~` t17at no person who may have purchased any boiled or prepared opium
from the
'outgoing holder of the exclusive privilege or from any licensee of such
outgoing
x~ holder shall be liable to be convicted for having in his possession
such boiled or
'pxepared opium not exceeding three taels weight at any time before noon
on the third
'day after the commencement o the new holder's privilege.' [Repealed by
Ordinance
No. 7 of .T879.j -
1'repare(t optam, . 7, .All bailed or prepared opium offered or exposed
for sale or rtta,il by any
&C:; found in
~na~>~prsEa unauthorised person and all boiled or prepared opium found
in-the possession or
persons, or r a custody or .control of any unauthorised person or in any
unauthorised place, except as
tdaces,may be
.~iZe~. . in the, last section mentioned, and any utensils 'or vessels
which have been used or
which are manifestly intended to be used in boiling or preparing opium by
any,
unauthorised person or in any unauthorised~place, may be~.seized by a
police -or excise
officer, and shall be forfeited and nay lie by a Magistrate delivered and
adjudged to `
the holder of the exclusive privilege for the time being; [amended by
Ordinance No. 4
and nnauthor- ' of 1883 and any unauthorised person in whose possession
any such boiaed or prepared
iced persons may
be taken before opium or utensils or vessels are found may be apprehended
and taken before a
u. Jlahistrt~te. f
Magistrate by any police or excise officer. -
Raw nninm forma $. Whenever boiled or prepared opium is so seizea as last
aforesaid and any such y
in.posse$sion of
nnanthorisea utensils or vessels are also seized as aforesaid, the police
or excise officer seizing the .
persons or in
unauthorised same may also seize an raw opium that ma be found in the
custody or ~ control of
places may ~ y ~
ae!exzea, such unauthorised person or in such unauthorised place and such
raw opium shall be
subject to the order of the Magistrate before whom the case is brought.
ORDINANCE No. 1 of 1879.
Excise (Opium.)
9. Whenever from any other cause there is reasonable ground to believe
that
boiled or prepared opium is manufactured by any unauthorised person or in
any,
unauthorised place within this Colony it shall be lawful for a police or
excise officer to
seize any raw opium found in the possession of such unauthorised person
or in such
unauthorised place.
10. Ally Justice of the Peace may issue a search warrant under section 9
of the Seizure under
search warrant.
said recited Ordinance, and such search warrant may be executed by any
police or
excise officer and tile person execrating any such search warrant may
seize and hold
any utensils or vessels which have been used or which are manifestly
intended to be
used in boiling or preparing opium and in any case where boiled or
prepared opium is
found under the circumstances mentioned in the said section of the said
recited Ordinance
or any such utensils or vessels as last a~oresaid are found, may also
seize any- raw
opium found in the possession of any person having such boiled or
prepared opium,
utensils, or vessels, or in any such tenement, place, or vessel as is
mentioned in the said
section.
11. The Governor may, for the purposes of this.Ordinance, grant his
warrant in Excise officer.
Warrant of
form of schedule (B) to such agents or servants of the holder of the
exclusive privilege appointment.
for the time being as may be approved of by him to act as excise
officers: [amended by
Ordinance No. 4 of 1883] and no persons except those so appointed shall
be competent
to act as excise officers under this and the said recited Ordinance. Such
warrants,may. .
at any time be withdrawn by the Governor and any person without lawful
authority
assuming to act as an excise officer under this Ordinance shall be liable
'to a penalty'
not exceeding one hundred dollars. a
12, The names and places of residence of every excise officer, so
appointed as
aforesaid shall be posted in a conspicuous place at the Police Court.
Officer may seize
raw opium under
special circum-
stances.
13. Every excise officer appointed under this Ordinance ,shall be
supplied fat the
expense of the holder of the exclusive .privilege for tae time being:
repeated by Ordinance No. 4
of 1883] with a badge bearing such sign or mark of office as may be
directed by the
Governor and before acting against any person under the provisions of
this Ordinance
every such excise officer shall declare his office and produce to the
person against whom
he is about to act his said badge. Every Police officer acting, under the
provision of
this or the said recited Ordinance, if not in the uniform proper to his
service shall in
like inanner declare his office and produce to the person against whom he
is about to
act such part of his public equipment as the Captain Superintendent of
Police shall
haws directed or may direct to be carried by Police officers when
employed,on secret or
special.service. .
14. AlI penalties under the said recited Ordinance or under this
Ordinance may Pen
summarily,
be ,recovered in a summary wad before any Dlagistrate.
15: In case any boiled or prepared opium or utensils or vessels used for
preparing -
the sa*e are found without being apparently in the possession of any one,
it shall be
lawful fog the Magistrate to cause a notice to be affixed at the place
where any such
article may be found calling upon the owner thereof to claim the same,
and in case no
Excise officers'
names to be
posted at Police .
Court.
Excise officers to
be supplied with
badges.
Police officer to
produce part of
his public
equipment when
acting as excise
officer.
Proceedings in
case of prepared
opinmf &c., found
without being
apparently in
possession of any
one.
ORDINANCE No. 1 w 1879.
Excise (Opium.
person shall come forward to make a claim within one week from the date
of such
notice, the same together with any raw opium that may be found in the same
' place shall be forfeited and may be handed over by the Magistrate to the
holder of
the exclusive privilege for the time being. [Amended by Ordinance No. 4
of 1883.]
Forfeiture of raw 16. Where any boiled or prepared opium, or utensils or
vessels used for preparing
opium found
where opium is the, same are4found in the possession of any unauthorized
person, or in any unautho-
unlawfniiy boiled
or prepared. riled place, and it appears to a Magistrate that such boiled
or prepared opium was
boiled or prepared by such person, or in such place, or if any utensil or
vessel used
for boiling or preparing opium be found in the possession of such person
or in such
place, it shall be lawful for such Magistrate to declare any raw opium
found iii the
possession of such person or in' such place to be forfeited and to direct
that the same
shall be delivered to the person holding the exclusive privilege at the
time when the
same was so found as aforesaid. [Amended 4 Ordinance No. 4 of 1888.1
Present holder of 17, It shall be in the power of the person holding the
exclusive privilege as afore-
excluaive privi-
iese may tern'i- said at the time when this Ordinance comes into oporation
to terminate the term -granted
nate terms. to hire by giving one month's notice to that, effect to the
Colonial Secretary of this
Colony, provided that such notice be given and received within one.mouth
from the
date when thin Ordinance so cornea into operation, and if such notice be
not given as
aforesaid, then the present arrangements shall, subject however to the
provisions herein
contained, continue in full force and effect during the term still
unexpired.,,,
1$. This Ordinance shall be construed with the said recited Ordinance and
shall
come into operation from the date hereof, and this and the said recited
Ordinance may
be cited as 'The Excise Ordinance, (Opium), 1858-187.'
'construction.
yl'tCn. .
Date 18
[All repealed by Ordinance l1'0. 1 of .T 884.
SCFIEDUZE A.
.Excise Ordinance (Opium.) X858-X87p.
Notice of cessation of exclusive privilege under Ordinance 1 of 1879,
section 3.
Notice is hereby given that the exclusive privileges for boiling and
preparing opium and selling
and retailing opium so boiled or. prepared will cease on the day of
i$ , and that no boiled or prepared opium purchased from (us) or (our)
licensees can be used after
the day of
of such exclusive privilege as aforesaid.
18 , at noon, without the consent of the new holder
' SCHEDULE B.
Excise Ordinance (Opium) X858-18'9.
of in
is hereby appointed to be an excise officer under the '° Excise Ordinance
(Opium) 18 58-1379,' and is
duly vested with all the rights, powers, and immunities of such officer
under the provisions of the said
Ordinance, until the day of 18 ~ , or until this licence is revoked by
the Governor of this Colony for the time being.
By His Excellency's Command,
Colonial Secretary.
1466
Title.
Preamble.
Ordinance 2 of 1858.
1467
Interpretation clause.
'Excise Officer.'
'Possession.'
Holder of exclusive privilege and licensees not to authorize use of prepared opium beyond limited period.
Holder of exclusive privilege to give notice of expiration of term.
Penalty.
Out-going holder of exclusive privilege to hand over stocks to incoming holder.
Restrictions on holder of exclusive privilege.
1468
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
Amendment of Ordinance 2 of 1858.
Prepared opium &c., found in possession of unauthorised persons, or in unauthorised places may be seized.
And unauthorised persons may be taken before a Magistrate.
Raw opium found in possession of unauthorised persons or in unauthorised places may be seized.
1469
Officer may seize raw opium under special circumstances.
Seizure under search warrant.
Excise officer.
Warrant of appointment.
Excise officers' names to be posted at Police Court.
Excise officers to be supplied with badges.
Police officer to produce part of his public equipment when acting as excise officer.
Penalties to be recovered summarily.
Proceedings in case of prepared opium, &c., found without being apparently in possession of any one.
1470
Forfeiture of raw opium found where opium is unlawfully boiled or prepared.
Present holder of exclusive privilege may terminate terms.
Construction.
Title.
Abstract
1466
Title.
Preamble.
Ordinance 2 of 1858.
1467
Interpretation clause.
'Excise Officer.'
'Possession.'
Holder of exclusive privilege and licensees not to authorize use of prepared opium beyond limited period.
Holder of exclusive privilege to give notice of expiration of term.
Penalty.
Out-going holder of exclusive privilege to hand over stocks to incoming holder.
Restrictions on holder of exclusive privilege.
1468
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
Amendment of Ordinance 2 of 1858.
Prepared opium &c., found in possession of unauthorised persons, or in unauthorised places may be seized.
And unauthorised persons may be taken before a Magistrate.
Raw opium found in possession of unauthorised persons or in unauthorised places may be seized.
1469
Officer may seize raw opium under special circumstances.
Seizure under search warrant.
Excise officer.
Warrant of appointment.
Excise officers' names to be posted at Police Court.
Excise officers to be supplied with badges.
Police officer to produce part of his public equipment when acting as excise officer.
Penalties to be recovered summarily.
Proceedings in case of prepared opium, &c., found without being apparently in possession of any one.
1470
Forfeiture of raw opium found where opium is unlawfully boiled or prepared.
Present holder of exclusive privilege may terminate terms.
Construction.
Title.
Title.
Preamble.
Ordinance 2 of 1858.
1467
Interpretation clause.
'Excise Officer.'
'Possession.'
Holder of exclusive privilege and licensees not to authorize use of prepared opium beyond limited period.
Holder of exclusive privilege to give notice of expiration of term.
Penalty.
Out-going holder of exclusive privilege to hand over stocks to incoming holder.
Restrictions on holder of exclusive privilege.
1468
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
Amendment of Ordinance 2 of 1858.
Prepared opium &c., found in possession of unauthorised persons, or in unauthorised places may be seized.
And unauthorised persons may be taken before a Magistrate.
Raw opium found in possession of unauthorised persons or in unauthorised places may be seized.
1469
Officer may seize raw opium under special circumstances.
Seizure under search warrant.
Excise officer.
Warrant of appointment.
Excise officers' names to be posted at Police Court.
Excise officers to be supplied with badges.
Police officer to produce part of his public equipment when acting as excise officer.
Penalties to be recovered summarily.
Proceedings in case of prepared opium, &c., found without being apparently in possession of any one.
1470
Forfeiture of raw opium found where opium is unlawfully boiled or prepared.
Present holder of exclusive privilege may terminate terms.
Construction.
Title.
Identifier
https://oelawhk.lib.hku.hk/items/show/372
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 1 of 1879
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EXCISE ORDINANCE (OPIUM), 1858-1879,” Historical Laws of Hong Kong Online, accessed May 11, 2025, https://oelawhk.lib.hku.hk/items/show/372.
