EXCISE ORDINANCE (OPIUM) 1858-1879, AMENDMENT ORDINANCE, 1879
Title
EXCISE ORDINANCE (OPIUM) 1858-1879, AMENDMENT ORDINANCE, 1879
Description
Excise (Opium.)
No. 7 of 1879.
An Ordinance to amend 'The Excise Ordinance (Opium) 1858-1879.'
[9th December, 1879.]
WHEREAS it is expedient to make better provision for the apprehension and
r punishment of offenders against the opium Ordinances, and also to
further
amend the said Ordinances.
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof,,' follows :-
1. This Ordinance may be cited as ' The Excise Ordinance (Opium)
18x8-1$79, snort tale.
Aynendment Ordinance 1879.'
1475
Preamble.
Sections 2 and 6 of Ordinance No. 1 of 1879, are hereby repealed.
,Amending
Section 8.
1'enalties for
«freao,rs.under
'OPIUM
ORDINANCE No. 7 of 1879.
Excise (Opium.)
Amending 3. section 7 0£ Ordinance No. 2 of 1858, is hereby amended by
inserting after
seetfon 7 of
0frdinantoce Rn~Nov' the word 'transferable,' the words 'and shall contain
a notice printed in English and
~`e'-ciaeaxes. Chinese, in the following farm
~e~traC't~lns on
'IdIder a>?:
e1cei~ive-
-; j ~~ v~tega:
Aftnd`
'Notice is hereby given that the monopoly of the Hongkong opium farm, at
present held by the undersigned, expires on the , and that
the boiled or prepared opium now purchased anal sold x qa:,i; ~pt be
legally
used or retained in your possession after noon oaf ~the3rd~,day, .from the
above date, without the consent of the new holder ot'the nao u.opoly or of
the Governor.
4. No certificate granted udder the provisions of tbe said section, as
amended, by
any person holding such exclusive privilege as aforesaid, o!r by'any
licensee under him
[amended by Ordinance No. 4 of 1888] shall be valid after noon of l,he
third day from
the date of the expiration of his privilege. ,
Section 8 of Ordinance No. 2 of 188, is hereby amended by striking out the
words 'except in cases to which sQction Z applies,' by inserting before
the words
'prepared opium' 'boiled or' and by adding after the words 'prepared
opium;'. the
words °` without having a valid certificate under section ~ of Ordinance
No. 2 of 188;
as-a;~ended '' - ~` . _
.
-- 6: - Sect ohl:8 of Ordinance No. 2 of 188 is hereby amended-by
substituting in
subsed-ion (1:)fiar the words 'a fine not exceeding two hundred and fifty
current
dollars' the 'words 'a hne~not exceeding five hundred current dollars,'
and by sub-
stituting in subsection (2) for the words 'a fine not exceeding five
hundred current
,.,dollars' the words 'a fine not exceeding one thousand current
dollars,' and by
` inserting after the word imprisonment in both subsections the words
'with or without
.hard labour.'
neree = _- 7, Section v of Ordinance No. 1 of 189 is hereby repealed, and
in substitution
.lretweeri .ott~
s'°ingand ` the~eo~, be it enacted as follows:-Neither the holder of the
exclusive privilege nor his
incoming
,
noodera of
l~n~ees shall during the three months the end of his term, manufacture`
,excltisive t during 'the preceding, f
privalege.to ~e i'
~eftleab_v Y .moxe than the usual quantity, of boiled or prepared opium,
or during the said three
Months, sell any boiled or prepared opium at less than the average
current prices of the
day; or y greater quantities than usual at the time of the year, and at
the end of hid
term shall not sell, export, or otherwise :rake 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 [amended by Ordiwa.nce No. 4 of 18833 the full a,pd complete
steep ;of raw: or
boiled and prepared opium then in his possession at the marketable value
thereof .and
in the event of any difference arising as to quantities of boiled and
prepared
manufactured or sold during the last three months of 'the term and the
price of the
sane and of the nature and quantity of. the raw or boiled or prepared
opium so to be
ORDINANCE No. 7 of 1879.
Excise (Opium.)
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 shall be held at such time
after the end of
the term of the outgoing holder of the exclusive privilege as to the
Governor may seem
reasonable and, any award made may be filed in Court pursuant to the
-provisions of
'Ttie Hongkong Code of Civil Procedure.'
.
(2.) It shall be lawful for the majority of the arbitrators to determine
and they
are hereby empowered to decide in each particular case what are usual
quantities within
the meaning of this Ordinance.
(3.) In case the outgoing or the incoming holder of the exclusive
privilege fails
to appoint an arbitrator within ten days from his receiving notice from
the Governor
so to do, amended by Ordinance No. 4 of 1883 it shall be lawful for the
other two
arbitrators amended by Ordinance Y0. 4 of 1883] to proceed with the sward
and in case
of difference of opinion, they shall appoint an umpire, whose award shall
be final and ,
may be filed in Court pursuant to the provisions of °` The Hongkong Code
of Civil,
Proceflure.'
(4.) The Governor in fixing the time for holding the arbitration shall
also fix the
period within which the award is to be completed, and the same shall be
specified ins
the appointment. . .
(5.) The arbitrators shall have the same powers,as if the apTozntp,tent
and refer-
ence to arbitration had been made by an order of the Supreme Court under,
the
provisions of 'The Hongkong Code of Civil Procedure,' and their award _in
each
case shall be final. `
$, It shall be lawful for an inspector of Police having reasonable
gro.uiid for
believing that there is boiled or prepared opium in any ship within the
waters of the
Colony contrary to the provisions of the opium Ordinances, (such ship not
being. a
ship of war or vessel having the status of a ship of war) to proceed
without warrant
on board such ship and search for boiled or prepared opium and seize any
boiled or
pfepared opium so found, and it shall be lawful for such inspector to
take the opium
so found together with the person in whose custody possession or control
it is found
before 'a Police Magistrate, to be dealt with according to law.
9. It shall be lawful for any police or excise officer to arrest, without
warrant
any person within the Colony whom he reasonably suspects to be conveying
or to have
concealed on his person boiled or prepared opium which has not paid duty
to the
holder of the exclusive privilege, [amended by Ordinance No. 4 of 1883
and to convey
such person to the nearest Police Station, there to be dealt with
according to law. v
10. Section 14 of Ordinance 2 of 1858 is hereby repealed; and in lieu
thereof, it v D;$tribntion of
penalties.
is hereby enacted:-If any charge or complaint shall be preferred under `1
the Excise
Ordinance (Opium) 185$-1879' or under any of the said regulations made
thereunder
v4r
police-inspector
n7ay search ships
for prepared
opium, without
warrant. .
Police or excise
officer may
arrests without
warrant,-
suspected person.
ORDINANCE. No. 7 of 1879.
Excise (Opium.)
and; upon the said charge or complaint the accused shall be convicted,
the pecuniary
penalty imposed upon the offender shall, after the adjudication of a
portion of the,
game not exceeding one half at the discretion of the Magistrate to the
informer, be
paid to the holder of the exclusive privilege, [amended by Ordinance No.
4 of 1883.E
and all the boiled or prepared opium to which the same relates shall be
forfeited and
by the Magistrate adjudged and delivered to the holder of the privilege.
[.mended by
Ordinance No. 4 of .T 883.]
[All repealed by Ordinance No. 1 of 1884.]
1475
Title.
Preamble.
Short title.
1476
Amending section 7 of Ordinance No. 2 of 1858, as to certificates.
Validity of certificates.
Amending section 8.
Penalties for offences under opium Ordinances.
Restrictions on holder of exclusive privilege.
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
1477
Police inspector may search ships for prepared opium, without warrant.
Police or excise officer may arrest, without warrant, suspected person.
Distribution of penalties.
1478
No. 7 of 1879.
An Ordinance to amend 'The Excise Ordinance (Opium) 1858-1879.'
[9th December, 1879.]
WHEREAS it is expedient to make better provision for the apprehension and
r punishment of offenders against the opium Ordinances, and also to
further
amend the said Ordinances.
Be it enacted by the Governor of Hongkong, with the advice of the
Legislative
Council thereof,,' follows :-
1. This Ordinance may be cited as ' The Excise Ordinance (Opium)
18x8-1$79, snort tale.
Aynendment Ordinance 1879.'
1475
Preamble.
Sections 2 and 6 of Ordinance No. 1 of 1879, are hereby repealed.
,Amending
Section 8.
1'enalties for
«freao,rs.under
'OPIUM
ORDINANCE No. 7 of 1879.
Excise (Opium.)
Amending 3. section 7 0£ Ordinance No. 2 of 1858, is hereby amended by
inserting after
seetfon 7 of
0frdinantoce Rn~Nov' the word 'transferable,' the words 'and shall contain
a notice printed in English and
~`e'-ciaeaxes. Chinese, in the following farm
~e~traC't~lns on
'IdIder a>?:
e1cei~ive-
-; j ~~ v~tega:
Aftnd`
'Notice is hereby given that the monopoly of the Hongkong opium farm, at
present held by the undersigned, expires on the , and that
the boiled or prepared opium now purchased anal sold x qa:,i; ~pt be
legally
used or retained in your possession after noon oaf ~the3rd~,day, .from the
above date, without the consent of the new holder ot'the nao u.opoly or of
the Governor.
4. No certificate granted udder the provisions of tbe said section, as
amended, by
any person holding such exclusive privilege as aforesaid, o!r by'any
licensee under him
[amended by Ordinance No. 4 of 1888] shall be valid after noon of l,he
third day from
the date of the expiration of his privilege. ,
Section 8 of Ordinance No. 2 of 188, is hereby amended by striking out the
words 'except in cases to which sQction Z applies,' by inserting before
the words
'prepared opium' 'boiled or' and by adding after the words 'prepared
opium;'. the
words °` without having a valid certificate under section ~ of Ordinance
No. 2 of 188;
as-a;~ended '' - ~` . _
.
-- 6: - Sect ohl:8 of Ordinance No. 2 of 188 is hereby amended-by
substituting in
subsed-ion (1:)fiar the words 'a fine not exceeding two hundred and fifty
current
dollars' the 'words 'a hne~not exceeding five hundred current dollars,'
and by sub-
stituting in subsection (2) for the words 'a fine not exceeding five
hundred current
,.,dollars' the words 'a fine not exceeding one thousand current
dollars,' and by
` inserting after the word imprisonment in both subsections the words
'with or without
.hard labour.'
neree = _- 7, Section v of Ordinance No. 1 of 189 is hereby repealed, and
in substitution
.lretweeri .ott~
s'°ingand ` the~eo~, be it enacted as follows:-Neither the holder of the
exclusive privilege nor his
incoming
,
noodera of
l~n~ees shall during the three months the end of his term, manufacture`
,excltisive t during 'the preceding, f
privalege.to ~e i'
~eftleab_v Y .moxe than the usual quantity, of boiled or prepared opium,
or during the said three
Months, sell any boiled or prepared opium at less than the average
current prices of the
day; or y greater quantities than usual at the time of the year, and at
the end of hid
term shall not sell, export, or otherwise :rake 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 [amended by Ordiwa.nce No. 4 of 18833 the full a,pd complete
steep ;of raw: or
boiled and prepared opium then in his possession at the marketable value
thereof .and
in the event of any difference arising as to quantities of boiled and
prepared
manufactured or sold during the last three months of 'the term and the
price of the
sane and of the nature and quantity of. the raw or boiled or prepared
opium so to be
ORDINANCE No. 7 of 1879.
Excise (Opium.)
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 shall be held at such time
after the end of
the term of the outgoing holder of the exclusive privilege as to the
Governor may seem
reasonable and, any award made may be filed in Court pursuant to the
-provisions of
'Ttie Hongkong Code of Civil Procedure.'
.
(2.) It shall be lawful for the majority of the arbitrators to determine
and they
are hereby empowered to decide in each particular case what are usual
quantities within
the meaning of this Ordinance.
(3.) In case the outgoing or the incoming holder of the exclusive
privilege fails
to appoint an arbitrator within ten days from his receiving notice from
the Governor
so to do, amended by Ordinance No. 4 of 1883 it shall be lawful for the
other two
arbitrators amended by Ordinance Y0. 4 of 1883] to proceed with the sward
and in case
of difference of opinion, they shall appoint an umpire, whose award shall
be final and ,
may be filed in Court pursuant to the provisions of °` The Hongkong Code
of Civil,
Proceflure.'
(4.) The Governor in fixing the time for holding the arbitration shall
also fix the
period within which the award is to be completed, and the same shall be
specified ins
the appointment. . .
(5.) The arbitrators shall have the same powers,as if the apTozntp,tent
and refer-
ence to arbitration had been made by an order of the Supreme Court under,
the
provisions of 'The Hongkong Code of Civil Procedure,' and their award _in
each
case shall be final. `
$, It shall be lawful for an inspector of Police having reasonable
gro.uiid for
believing that there is boiled or prepared opium in any ship within the
waters of the
Colony contrary to the provisions of the opium Ordinances, (such ship not
being. a
ship of war or vessel having the status of a ship of war) to proceed
without warrant
on board such ship and search for boiled or prepared opium and seize any
boiled or
pfepared opium so found, and it shall be lawful for such inspector to
take the opium
so found together with the person in whose custody possession or control
it is found
before 'a Police Magistrate, to be dealt with according to law.
9. It shall be lawful for any police or excise officer to arrest, without
warrant
any person within the Colony whom he reasonably suspects to be conveying
or to have
concealed on his person boiled or prepared opium which has not paid duty
to the
holder of the exclusive privilege, [amended by Ordinance No. 4 of 1883
and to convey
such person to the nearest Police Station, there to be dealt with
according to law. v
10. Section 14 of Ordinance 2 of 1858 is hereby repealed; and in lieu
thereof, it v D;$tribntion of
penalties.
is hereby enacted:-If any charge or complaint shall be preferred under `1
the Excise
Ordinance (Opium) 185$-1879' or under any of the said regulations made
thereunder
v4r
police-inspector
n7ay search ships
for prepared
opium, without
warrant. .
Police or excise
officer may
arrests without
warrant,-
suspected person.
ORDINANCE. No. 7 of 1879.
Excise (Opium.)
and; upon the said charge or complaint the accused shall be convicted,
the pecuniary
penalty imposed upon the offender shall, after the adjudication of a
portion of the,
game not exceeding one half at the discretion of the Magistrate to the
informer, be
paid to the holder of the exclusive privilege, [amended by Ordinance No.
4 of 1883.E
and all the boiled or prepared opium to which the same relates shall be
forfeited and
by the Magistrate adjudged and delivered to the holder of the privilege.
[.mended by
Ordinance No. 4 of .T 883.]
[All repealed by Ordinance No. 1 of 1884.]
1475
Title.
Preamble.
Short title.
1476
Amending section 7 of Ordinance No. 2 of 1858, as to certificates.
Validity of certificates.
Amending section 8.
Penalties for offences under opium Ordinances.
Restrictions on holder of exclusive privilege.
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
1477
Police inspector may search ships for prepared opium, without warrant.
Police or excise officer may arrest, without warrant, suspected person.
Distribution of penalties.
1478
Abstract
1475
Title.
Preamble.
Short title.
1476
Amending section 7 of Ordinance No. 2 of 1858, as to certificates.
Validity of certificates.
Amending section 8.
Penalties for offences under opium Ordinances.
Restrictions on holder of exclusive privilege.
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
1477
Police inspector may search ships for prepared opium, without warrant.
Police or excise officer may arrest, without warrant, suspected person.
Distribution of penalties.
1478
Title.
Preamble.
Short title.
1476
Amending section 7 of Ordinance No. 2 of 1858, as to certificates.
Validity of certificates.
Amending section 8.
Penalties for offences under opium Ordinances.
Restrictions on holder of exclusive privilege.
Difference between outgoing and incoming holders of exclusive privilege to be settled by arbitration.
1477
Police inspector may search ships for prepared opium, without warrant.
Police or excise officer may arrest, without warrant, suspected person.
Distribution of penalties.
1478
Identifier
https://oelawhk.lib.hku.hk/items/show/378
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 7 of 1879
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“EXCISE ORDINANCE (OPIUM) 1858-1879, AMENDMENT ORDINANCE, 1879,” Historical Laws of Hong Kong Online, accessed May 15, 2025, https://oelawhk.lib.hku.hk/items/show/378.
