OPIUM ORDINANCE, 1884
Title
OPIUM ORDINANCE, 1884
Description
[,See Ord. Yo.
17 0~' 188,
No. 22 of
r ss7.l
ORDINANCE ~'o.. 1 b'F :.I884.
Opium.
No. 1 of 1884.
An Qrclinange entitled Tree Opium Ordinance, 1884.
BE it enacted by the Governor of Hongkong, ,with the advice of the
Legislative Council thereof, as follows :-'
[ `?6t,h M arch, 1884. ]
Interprets- 1., Tn the. construction of this Ordinance the following terms
and w-
tzon. . pressions shall have the meanings hereinafter assigned to them,
that is to
say
B.Tei8e The-term Excise Ogicer shall mean any person appointed by the
dff'oer
Governor under section 5 of this Ordinance.
,rarm. 'f he term Farm shall mean any exclusive privilege granted
~'a:nzer, under fl
usthe Ordinance, and the term Farmer any holder for
the time being of such exclusive privilege.
Dross Upiujn. ..T~uu,ss Dpiu.n? shall mean opium prepared vchollv or
chiefly from
opium dross
Prepared Prepared Opiu7v shall include dross opium wherever such a
Opium.
construction is not contrary to the contest of this
Opium, :~'c~rmaer.
Opium, I%armeo° shall mean the holder for the time being of the
exclusive privilege of boiling and selling prepared opium
either inclusive or exclusive of dross opium.
.Drossl'ar-mer. Dross Farmer shall moan the holder for sloe time being of
the
exclusive privilege of collecting and Ianrchasina opimn
dross and dealing in, and preparing dross opium.
,nzian ° Divan .h'armer shall mean the holder for the time being of the
.Farmer.
b
eaclMive privilege of opening or licensinb any class of
opmm smoking divans.
When there is no opium farmer, or no dross farmer, or no divan
farmer, this Ordinance shall be read as if the Governor in
Council, or any licensee of the Governor in Council; or the
Colonial Secretary, or any Iiccn'see of the Colonial Secretary;
as the cash may be, were expressly named instead of such
.farmer. And payment or delivery to the Colonial Trea.-
scarer for the use -of the revenue of the Colony, or to an
excise officer for the same purpose shall ,in all such cases
1.7e taken to be payment or delivery to .such farmer under
this Ordinance.
ORDI \:A1\ CE ~'o: ' 1. f 1884.
1 G3
Any raw, boiled, or prepared opium, Op1Lin1 dross, or utensils, ~i a~
~o~n.i.l
v easels, or implements used for prepraring or srnokint; the
same shall for the purposes of this Ordinance be deemed to
be in possession of any person if he knowingly have them
in actual possession, custody or control, by himself or by
any other person.
The provisions of this Ordinance as to the smoking of opium, t
opum.
Mid to utensils or implements for the smoking of opium
shall ripply solely to opium smoking divans, rind not to the
smoking opium in otht,r places.
2. No person shall bring into this Collony, or, the waters thereof, or
Importawk,,
possession of
have in his possession or custody within the same, any boiled or prepared
opium.
7 of 79, s. 5.1
certificate tinder
opium,. not being dross opitn without having a valid certificate under
section 16 of this Ordinance. Nio person shall bring into this Colony or
into the waters thereof oir,kno«Fiply hri-,=e in ,leis possession within
the
same any dross opium «=lick has been prepared or purchased in this.
Colony without the knowledge and consent of the dross:farmer. N0~
person except 11 farmer or a (1aly licensed person as provided by .this
Ordinance.shall within this Colony or the waters therehf collect opium,
-dross or knowingly have in his possession or custody without the know-
ledge, and consent of the dross faLrtner any opium dross except such as
may be the result of leis own smoking or of-the smoking .of opium on his
premises.
3: No person except ~a farrrrer or d my licensed person as provided
urniecuhea
preparation,
by this Ordinance shall, within this Colony or the maters thereof, boil
or &c. of opium,
r2 Of :is, $. x.~
in any way prepare opium or dross opium, or sell, or offer or expose for `
sale any boiled or prepared opium or dress opium, or collect or purchase
opium. dross; provided that no medical practitioner, chemist or dru ;gist,
not~beina a Chinese, or beinr such and havinri a European or American,
diploma, shall be prevented from preparing or selling opium bond fide for
medicinal purposes, the burthen of proof whereof shall be upon any person
:nlleginthe same in his defence.
a 4. No person shall open -or carry on,-,any divan or other~place for the
sm-okiag
-smoking of.opium or dross.. opium without a licence under this.
Ordinance. , [4 of 83, s. .r.~
ORDINANCE No. 1 of 188.
Excise officer°s.
raxCiseofficer$ ~. The Governor may, for the purposes of this Ordinance,
make nit.
(1 of 79, s. 1 r.
4 of ss, s. 2.) appointment in form of schedule A. to such merits or
servants of the.
opium farmer as may be 'approved of bar him to act as excise officers,
and in case there is not such farmer then the Governor may in a simi~ar-
forrri appoint such persons as he may think fit: and no persons except
those so appointed shall be competent to act as excise officers under this
Ordinance. Such appointments 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.
Their names
and resi-
dences.
(1, of 79,s.12.]
their badges.
of ~ 79, s.13,
4;pi=53, s. 2.]
opium farm.
2 of 58y s. 2.]
¢For form of
-grant anti
ooj2ditions
thereof, aec
Gazette 16t&
6. The name and place of residence of every .excise officer shwll be
posted in a conspicuoLia place at the Police Court.
7. Every excise officer shall be supplied 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 provisiow 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-
actin under the provisions of this Ordinance, if not in uniform, shall iii
like manner declare his office, and produce to the person against shorn
he is
about to act such badge as the Captain Superintendent of Police shall
have directed or may direct to be carried by Police officers when
employed on secret or special -service.
$: Persons who are excise officers at the time of the commencement
of this Ord.inance shall be deemed, to have been duly appointed under
this. Ordinance.
Farms.
r
9. The Governor in Council may grant; to any person, for such-
considerations, and upon such conditions; and~for such terms or periods,
and in- such form as from timefto time may be by the Governor in Council
regulated and .determined, and also previously notified to the public in
the Gazette, the dole privilege of boiling and preparing opium either-
inclusive or exclusive,, of dross opium, and of selling and retailing
within
the said Colony, or the waters thereof, opium so boiled or prepared: and
such privilege may from time to time be granted to the highest bidder,.
ORDINANCE No. 1 0F 1854.
Opium
to be ascertained either by public auction or by tender, to be made in
pursuance of notice to be published in the Gazette lto that effect;, but
-every such bidder shall, before he is declared the purchaser of the
privilege, give bond with sureties in tlie sum of twenty thousand current
dollars at least, to the satisfaction of the Governor in Council, for the
due
-performance of the conditions of the privilege, and of his stipulations
in
respect thereof.
l0. 'Clie Governor in Council rnay farm out the privilege of keeping
divans for the smokinZD of opium to one or more t.lian one person, on such
terms and conditions as may seem to the Governor in Council expedient,
and the ,,-ralitee or grantees shall be empowered to grant licences to
separate keh,pers of szacli divans. i The Governor ill Council inay make
such re;;ulations as to the division of such opium divans into classes as
may seem to him expedient, and in the event of there; being no farmer
for any class the t:olouial Secretary znay grant licences and to revoke
the scone on such terms anct conditions as he may think fit,'.
Farming of
opium divan
as dross.
~~F of 83, R. 4.~
ll,. The Governor in CaurECil may in like manner farm out the Dross opium.
privilege of collecting, dealing in, and preparing dross opium and in the
event of there being no farmer the Colonial secretary may grant licensees
to prepare and to deal in dross opium and may revoke the same on such
terms and conditions as he may think fit. .
12. The Governor in Council may make and when made revoke,
Dines under
:add to or alter a scale of fine's to be levied for breaches of the
regulations farm system.
[2 of a8, s.12.1
under which any farm is created under this Ordinance. Every fine
provided by such scale of fines shall be levied in the same manner as the
fines imposed by this Ordinance.
13. X11 the provisions of this Ordinance as to searches, arrests
Protection of,
divan and
possession, the seizure and disposal of opium, utensils, vessels, or
_aros$faxmexs,
implements used for preparing or smoking the same, and the disposal
thereof, penalties and their divisions rewar& to informers, and penalties
for false charges or irregular proceedings under this Ordinance, shall ,
apply, so far. as circumstances will permit, in relation to all cases .of
any
infraction of this Ordinance or of any regulation made thereunder with
respect to opium smoking divans, or to the preparation of or dealing in
:dross opium.
,
Certificate.
~3 of n8, s. 7,
of 79, s. ,3,
of 8.8, s. 1.)
OhDINANCL ' N o: 1- o.P- 1s84.
Opium.
Default ill '1-.4.- If the consideration money fog any farm created under
thia.
payment for
farm, resale. Ordinance, or any instalment thereof, be not paid within
one month next
[2°£ 59' ~~ 4'1 after the day appointed fur the payment thereo ; the said
farcn shall
become and be absolutely null and void ; and, over and above all- other
such liabilities as are hereinbefore or hereinafter created, the farmer
shall
thereupon become and be liable to make hood to the Government all losses
or expenses incurred by, or by reason of such default in payment or any
resale or re(,rant of such privilege which the Governor in Council may
thereupon, make, and to make which he is hereby authorised.
sitn-licences. 1 'rte` . The opiuW farmer, if any, or in default of any
such farmer, the
[2 °f °s' ~~ 3~] Governor in Council may at his discretion grant licences
to proper,
persons, authorising then to boil and prepare opium, and to sell and
retail opium so boileJ and prepared ; but subject to such conditions as
shall from time to tune be- by the Governor in Council regulated and
previously notified in the Gazette. And the provisions of section 12 of
this Ordinance yzs to a scale of fines for breaches of rep .ilations made
under this Ordinance shall apply equally tc; all breaches of rebulations-
made and notified as aforesaid with regard to such licences for the
boiling
and preparation of opium.
16. It shall be the duty of every person selling or retailing prepared
opium, not being dross opium, under this Ordinance; to deliver therewith
a certificate in English and-(.~hineae, stamped witU the stamp used by
hinz
in carrying on his business, specifying the amount so sold ; which certi-
ficate shall be evidence of the facts therein stated, and shall not be
trans-
ferable, and shall be in one of the forms pruv ided in sched ales B or C
to
this Ordiwance, according as there is or is not, at the time of issuing
such
certificate, an opium farr' tier under this Ordinance. Such certificates
shall
be issued from books provided with counterfoils, and.both the
certificatES-
and the counterfoils shall, bear corresponding and consecutive printed
numbers.
Expiry of 17. No certificate so,ranted by the opium farmer or by any
licensee
Certi&cate. under pin °shall be valid afternoon of the third day from the
date of the
7 of 7y, s. 4,
4 of 83, s. 3.] expiration of such opium fariner's privilege.
Notice of 18: Every opium farmer shall, one month before his farm expires,
expiration of give public notice, in the, form provided by the schedule D
hereto, that
farm.
i °f 79' $' 3'L ~ the said farm is to expire on the day to be named, and
that no boiled or
prepared opium purchased from such farmer, or from any licensee of such
ORDINANCE No. I m 1884.
Odium.
farmer, can be used after such time without the consent of the new farmer.
Such notice shall be printed in English and Chinese, and the farmer shall
supply copies thereof to 'all persons licensed by him under this
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
A
entering such place of sale.
19. All licensees of the Governor in Council under section 15 of
this Ordinance when there is no opium farmer shall during the last three
months of the period of their licences ( if the Governor in Council shall
have granted the opium farm to any farmer) be subject to such restric-
tions as to the quantities of prepared opium they shall boil, prepare, or
sell, as the Governor in Council may from time tea Lime determine. Pro-
vided that such restrictions shall not apply to any licence granted before
the passing of this Ordinance.
20. Neither the opium farmer nor his licensees shall during the three
months preceding the end of his term, manufacture more 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 in greater quantities than usual at the time of the year,
and at the end of his term such farmer or licensees shall not sell,
export,
or otherwise make away with, or dispose of any of their stock of boiled
or prepared opium, but shall make beer to the new farmer the full and
complete stock of raw or boiled and prepared opium then in their posses-
sion, at the marketable value thereo ; . `aad in the event of any
difference
arising as to the quantities of boiled and prepared opium manufactured
or sold during the last three months of the term, and the price of the
same, or as to the nature and quantity of the raw or boiled or. prepared
opium so to be purchased or made offer, and the prices thereof, such
difference shall be determined by three arbitrators, one to be appointed
by the new farmer, one by the person whose farm 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 field at such time after the end of the term of the
out-
going farmer as to the Governor may seem reasonable, and any award
made may be filed is Court pursuant to the provisions of thethe, Hongkong
Cede ofCivil Procedure.
Restriction
on licensees.
Close of farm
stocks.
i of 79, a. 6,
of 79, e. ?,
4 of 83, s. 8.]
ORDINANCE No: 1,oiy-~1;884.
Opium:
Usual quan- ~y1~ It shall be lawful for the majority of the arbitrators to
determine,
Cities. .
[7 of 79, s. 7.] and they are hereby 'empowered to decide in each
particular case, what
are usual quantities within the meaning of this Ordinance.
22: In case the outgoing or the incoming opium farmer fails to
appoint an arbitrator within ten days from his receiving notice from tl.W
Governor so to do, it shall be lawful for the other two arbitrators to
proceed with the award, 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 Procedure.
23. The Governor in fining 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 in the appointment.
24.- The arbitratoa°s shall have the same powers as if' the ahpoint-
rrnent and reference to arbitrawtion had been made by an order of the
Supreme Court under the provisions of the Hongkong Code of t.'.ivil Pro-
cedure; and their award in each case shall~,be final.
25. The opium farnoea and his licensees shall, nn the expiration of
his term, hand over to the incoming farmer, and the incoming farmer
shall take over from the outgoing farmer, all his stock of raw, boiled,
and
prepared opium, 'at such prices as may be settled, subject to the
provisoes
hereinbefore contained for arbitration in case of difference.
Arrest~ , seas°e1ae~, . and foe feitures.
Arrest 26. It shall be lawful for any Police or Excise officer to arrest,
without
warrant. without, warrant, any- person within the (;olony whom he
reasonably
[7 of 79, s. 9.]
suspects to be conveying or to haNt
concealed on his person boiled or
If farmer
appoints no
arbitrator.
[7 of ?9, s. 7,
4 of 83, s. 3. J
Period for
award.
[7 of ?9, s. 7.]
Powers of
arbitrators.
[7 of 79, s. 7.]
Taking over
stocks.
[I of 79, s. 4,
4 of 83, s. 3.]
Searching
ships.
[7 of 79, s: 8.]
[ Note : This
power to
seare7e ships
is extended to
.excise o~'ccers
by Ordinance
No. 17 of
1886 which
also defines
<r Skip ']
prepared opium whiZh has not paid duty to the opium farmer, and to
convey such person to the nearest Police Station, there to be dealt with
according to law. -
. It shall be lawful for an~ inspector of Police, having reasonable
`round for believing that there is boiled or prepared opium in any ship
within the waters of the Colony contrary to the provisions of this Ordi-
nance (such ship not berg a ship of war or vessel having the status of a
A
ship of war), to proceed without warrant on board such ship and search
for boiled or prepared opium, and seize any boiled or prepared opium so -
found, and it shall be lawful for such inspector to take the opium so
found together with the person ire whose custody, possession, or control
it is found before a Police 1Zaaistrate, to be dealt with accordin; to
law.
ORDINANCE No. ',1 -oF 1884.
0 piztm.
28. Upon lawful evidence being first given to the reasonable
satisfaction of any. Magistrate, that any person within this Colony or the
..
waters thereof has in his possession or custody any opium otherwise than
as provided by section 16 of this Ordinance, or any opium prepared, sold,
or retailed contrary to this Ordinance, it shah be lawful for the said
Ma.-
istrate to issue a search warrant in that behalf, and such search warrant
may be executed by any Police or Excise officer, and the officer executing
such warrant may enter tiny tenement, place, or vessel within this Colony
or the waters thereof, and search. for, and, if found, seize and hold,
subject
to the order of the Court hereinafter mentioned, any raw or prepared opium
within such tenement, place, or vessel whereof no satisfactory explanation
shall be given by the person aforesaid, and also any utensils,
implements, or
vessels which have been used or which are manifestly intended to be used
in boiling, preparing, or smoking opium in such tenement, place, or
vessel,
and may also seize and bald as aforesaid any raw or prepared opium, or
any such utensils, implements, or vessels, found in possession of the
person aforesaid in any place 'whatever.
r
29. A11 boiled or prepared opium offered or exposed for sale by any
unauthorised person, and all boiled or prepared opium found in the
possession or custody or control of any unauthorised person or in airy
unauthorised place, and any utensils or vessels which have beau used, or
which are manifestly intended to be used in boiling or preparing or
smoking
opium by any unauthorised person, or in any unauthorised place, may, be
seized by a Police or Excise officer, and shall be forfeited, and may be
by
a Magistrate delivered and al(j udged to the farmer, and any unauthorised
person in whose possession miy such boiled or prepared opium. or utensils
or vessels are found may be apprehended and taken before a DZabistrate
by any Police or Excise offtcer.
30. Whenever boiled or prepared oloi urn is so seized as last aforesaid,
Seizure of
and any such utensils or vessels are also seized as aforesaid the Police
Tra'°° opium.
L
1 of 79, s. 8.~
or Excise officer seizing the same may also seize any raw opium that
may be found in the custody or control 8f 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..
Search
warrant.
[2 of 68, s. 9.
1 of 79, s. 10. 1
[Note: TIw
power to
zssicc searalz
narrants ?nay
also be exer-
cised by any
Justice of the
Peace. See
Ordinance
No. r r of
1ssc.]
Confiscation
of prepared
opium and
utensils.
i of 79, s. 7
of ss, s. J.f
31. Whenever from any other cauv there is reasonable ground t0 Seizure of
raw opium
believe that boiled or prepared opium.is manufactured by any unauthorised
under othei
ORDINANCE No. 1 0F 18,84.
Opium.
-circums- ' per5og, or in any unauthorised place within this Colony; it
shall be
t~no~ss.
c1 of 79, s. 9.1 lawful for a Police or Excise officer to seize any raw
opium found in
possession of such unauthorised person, or in such unauthorised place.
Procedure.
Procedure. 32, All offences against this Ordinance may be tried and , al-1
penal-
[ 2 of 58, s. 12, 11
1 of 79, S.14.]. ties under this Ordinance may be recovered in a summary
way before a
.' Magistrate.
Penalties.
Penalties. 33. For every offence against the provisions of this Ordinance
(or
[2 of 58, s. 13,
7 of 79, s. 6.] against any regUlation,made thereunder) not otherwise
specially provided
for, the offender shall he liable to the following penalties:
---
(1. ) For every first 'offence a fine not exceeding five hundred
dollars, or imprisonment for a term not exceeding three
months, with or without'hard labour:
( 2. ) For every ^subsequent offence,c a fine not exceeding one
thousand dollars, or imprisonment for a term not exceed-
ing six months, with or without hard labour.
Disposal of 34. The pecuniary penalty imposed upon the offender shall,
after.,
$7 of 79, s. ~10, the adjudication of a portion of the same not`
exceeding one half to the
of s2,-s. 4.a informer at the discretion of the Magistrate be paid to the
farmer, and all
a the boiled or prepared opium to which the same relates may be forfeited,
and by the Magistrate in his discretion adjudged and delivered to the
farmer.
Forfeiture of 3~. Where any boiled or prepared opium, or utensils or
vessels used
raw opium.
[i of 7s, s: is, for preparing or smoking the same, are founj in the
possession of any
4 of 83, s: 2.]-: `;
,. unautli.orized person, or in any unauthorized 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 or smoking 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 in the possession of such person or in such place to be
forfeited, and to direct that` the same shall be delivered to the farmer.
:~
Unclaimed 36. In case any boiled or prepared opium, or utensils or vessels
o~ ~s; $ 15 used for preparing or srnoki rrg the same, are found without
being
4 of s3, s.~2.1' apparently in the possession of any one, it shall be
lawful for the NTagis-
ORDIl\'AIITCE So. 1 er 1884.
Opium,
trots to cause a notice to be affixed at the place rvhtre any, such
r.xticle
may be found, calling upon the owner thereof to claim the same ; and in
case no person shall come forward to make a claim within one wash from
the date of such notice, the same, together with~any raw opium that may
beg found in the same place, shall be forfeited, and may be handed over
by the AIanistrate to the 'farmer.
37. In dismissing any, charge or complaint under this Ordinance Fiasech,
on the ground of the same being false, or frivolous and vexatious it
shall be the duty of the Court to impose upon the person bringing the
same any penalty not exceeding the penalty which the defcrar.~ant, if
convicted upon such charge or complaint, would have incurred, suclr
penalty shall be over and above any other penalties or liabilities which
the said person may have likewise incurred in respect of his said charge
or complaint, or of leis evidence in support thereof.
38. Over and above all other liabilities or penalties to which, by irmot.,
this Ordinance or any other low, any person shall become or be subject f2
f is~6,1
in respect of his suing oat, robtaining, issuing, or executing improperly,
and without sufficient cause, any search warrant under this Ordinance,
the said person shall be further liable to the penalties specified ire
section
33, to be enforced and levied as lxereinbefore, provided.
39. Persons employed in any department of the Public service,
and persons in the employment of diem, or of any of them, are disquali-
fied from, becoming or being in any way possessed of, or directly or
indirectly interested in any privilege or licence under this Ordinance, or
the profits thereof, whethen.at law or in equity, and whether in their
own, right respectively, or in the right of another; and from suing far
or in respect of, or in any way enforcing tbc same.
The following Ordinances are hereby repealed,
Ordinance No. 2 of 1858,
Ordinance No. 1 of 1879,
.
Ordinance No. 7 of 1879,
Ordinance No. 4 of 188,
Ordinance No. 8 of 18813,
.biit such repeal shall not affect anything lawfully done or commenced to
,eglatious,
be done thereunder, and every regulation bond, or licence made or &C ,
antinue.
issued under the above repealed -Ordinances shall continue in full effect
as if made or issued under this Ordinance; until such regulation, bond,
oF lic66ce shall he duly cancelled, amended, withdrawn, or shall empire.
Public
disqualified.
(2 of .58, n. 6.]
ORDINANCE No: 1. OF: 1884.
Opium.
Commence- Vii. This Ordinance shall commence and take effect on a day to
be.,
meat of
ordinance. proclaimed by the Governor.
11
SCHEDULES.
APPOINTMEN'IL OF EXCISE OFFICER.
The Excise Ordinance, 188 . -
A.B. of in is hereby appointed to be an Excise
officer ixnder the above Ordinance, and is duly vested with all the
rights, powers, and
immunities of such officer under the provisions of the said Ordinance,
until
18 or until this licence is revoked by the Governor of this Colony for
the time being.
Hongkong, 18
No. Opium Certificate.
t~ Not transferable. To be returned after the opium is used.
Sold this day to
Taels mace
Hongkong,
Colonial Secretary.
of No. Street,
candareens of prepared opium for his own use.
18
NOTICE.-The monopoly of the Hongkong Opium Farm, at present held by the
undersigned, expires on The boiled or prepared
opium now purchased and sold cannot be legally used or retained in your
possession
after noon of the third day from the above date, without the consent of
the new holder
of the monopoly, or of the Governor. ~
(Signed)
;K 4
~ v
A.
J 1)
I
1773
No.
OR DINANCE fm '1 I.A8't
Opium.
The sante, if there is no Opizc3n Ftil-trt.
Not transferable. To be returned after the opium is used,
Sold this day to of No.
TAls mace
Street,
canclareens of prepared opium for his own use.
18
Hongkong,
~NoTicE.-The Governor in Council has granted the exclusive privilege of
boiling,
preparing, and selling prepared opium within the Colony to
from
The opium now 1>urelaascd and sold
cannot legally 17e used or retained in your possossiari after coon of the
tLiril day from
the above date, without t.bo consent of
(Signed)
T
ra1
i~ ~ v ~
Alm
U14
10 D.
Public. Notice of Expiry of Farm.
The exclusive privilege of boiling and preparing opium and
opium so boiled or prepared mill cease au
boiled or prepared opium purchased from us or our licensees can be used
after
18 , at noon, without tide consent of the new holder of such
selling and retailing
1 F . No
exclusive privilege as aforesaid.
(Signed)
.t/ TVT
~.bafiorce from the 27th March, '1884, Unclerproclumation -of scime
altcte.]
ORDINANCE No. I. of 1 884.
Opium.
Additioal coiulition made by the Governor in Council under the provisions
of the
Opium Ordinance 1884 on the 26th and gazetted 29th June, 1884.
From the 24th June A84, the fees on the preparation of opium for export,
in
quantities of not less than 500 taels, are reduce;l. to the rate of
forty-five dollars for
every 1,000 taels of prepared opium exported. x '
,Norm of grant of opium privilege, as regulated and determined in
pursuance of
Ordinance No. 1 of 1884, section 9, on the 7th March 4885.
To aLt To WHOM these presents shall come, t, Sir GEOILGE FERC3USON BowEN,~
G.C.ALG., Governor and Commander-in-Chief of the Colony of Hongkong, and
its Dependencies, and dice-Admiral of the same, in Executive Council
assembled,
-Send Greeting:-
'
WHEREAS (here insert recitals 'according to, the facts,of each case).
Krrow YE
THF,REFORE, that in consideration of the premises,_ and of the payment by
the said
of the sum of payable in
instalments of each on the firstday of each month, in advance
during the term hereby granted, and ire pursuance of the said Ordinance,
and such con-
ditions as are. regulated and determined, or may be regulated and
determined as, pro-
vided by the said Ordinance, I, the said Governor, by and with the advise
of the said
Executive Council, *have given and granted, and by these presents under
the seal _of-
the~ said Colony for myself, and my successors in the Government of the
same, Do give
and grant unto the said his executors, administrators, and
assigns, the sole privilege of boiling and preparing opium (inclusive or
eg0clusive of
dross opium, as the case map be) and of selling and retailing within the
said Colony,,
and the waters thereof, opium so boiled or prepared. for and during the
term herein-
after expressed, in conformity with and subject to tie said Ordinance in
that behalf
provided, and to' the s'aia conditions, and to these presents, and so as
that he the said
his executors, administrators, and assigns, shall and-
lawfully may have and enjoy the whole profit, benefit, commodity .and
advantage, from
time to time, during the Sao term coming, growing, accruing, and arising,
by reason
of the said privilege. To have, hold, use, exercise and enjoy the premises
hereby
granted, with the power to grant licences, and all other powers incident
to the said
privilege, and all benefit and advantage of the said, Ordinance and
conditions, or any of
them unto the said for and during and unto the full end
.and term of ` whole year commencing with the day of
one thousand eight hundred and . , and ending with'
the day of one thousand eight hundred and
PROVIDED ALWAYS, and these presents are upon this express condition, that
if at any
time -daring the said term hereby granted the said his executors,
ORDINANCE 'No, 1 0v-1.88.
opium.
administrators or assigns, shall not upon his or their part or behalf,
pay the said
monthly instalments, or and of them, or observe, perform, aud keep and o£
tha.protd,
sions of these presents, or of the said Ordinance, or the said
conditions; or atop o£
them, or shall of his or their own proper authority, add to,-or alter the
said provisions
and conditions respectively, or and of the same respectively, or attempt
to make any
sxeh addition or alteration in that behalf, or if these presents are now,
or at any time
during the said term shall become or be contrary to law, then and in any
or either of
the said cases, these presents shall forthwith cease, determine; and be
utterly void,
anything hereinbefore contained to the contrary thereof in anywise
notwithstanding.
IN WITNESS whereof, I, the said Governor, have sot my hand and, the
eeal.of the said
Colony to these presents, on thp dap of one thousand,
eight hundred and
R,egulataarw approved by the (xoveruor in Council under section 15 of
Ordinance I
of 1884, the 1 ?th and gazetted the F8th AStptembe-, 1$$6.
CONDITIONS OF SUB-LICENCES TO BE GRANTED
BY SHE OPIUM FARMERS.
1. The sub-licensee is hereby licensed to X11 and retail at No.
Street
opium boiled or prepared at the establishments of the Opium Farmers for
the term of
sic calendar months commencing from then
one thousand eight hundred and oighty-
one thousand eight hundred and eighty-
day a£
and ending the day o£
and the sub-licensee
agrees to accept such licence for the said term.
2. The fees paid by the sub-licensee to the Opium Farmers shall be
dollars (weighed at ?.2) per month payable in advance upon the first day
of sash and'
every month, the first of such monthly instalments to be made on the
dad of
one thousand eight hundred and eighty-
3. Upon signature of these presents the sub-licensee ,,shall pap to the
Opium
Farmers in addition to the first month's licence fee a further sucnequal
to one month's
licence fee which shall be held by thb Opium 'Farmers, and shall go in
payment a£ the
fast month's licence fee of the said term unless forfeited as hereinafter
provided.
4. The Opium Farmers sh°a11 always have an hand a stock of prepared opium
far
sale, and the sub-licensee shall purchase from the .Opium Farmers all
prepared opium
which he may require for sale or retail.
5. The sub-licensee shall make a daily report to the Opium Farmers of the
quantity of prepared opium said by him, and shall enter in a book to be
kept by him
the name and address of every purchaser of prepared opium, and the
quantity .of opium
sold to each purchaser; such book to be posted daily, and to be open at
all reasonable
times to inspection by the Opium Farmers, their agents, or authorized
officers.
ORDINANCE NoA of 1 884.
Opium.
' ' 6. The sub-licensee shall not sell or have in his possession or under
his control
any opium other than opium prepared by the Opium Farmers, and shall not
construct
furnaces for the preparation of opium, nor prepare or permit to be
prepared opium
upon the said premises or irfannyy other place in the said Colony, and
shall not buy, sell,
or deal in contraband opium, that is to say, opium not prepared by the
Opium Farmers,
and shall not mix or cause to be mixed with opium purchased from the
Opium Farmers
any such contraband opium; or any liquid or other substance whatsoever,
nor sell any
opium purchased from the Opium Farmers adulterated or mixed with such
contraband
opium or liquid or other substance.
7. TheIsub-licensee shall have the privilege of carrying on upon the said
premises
the business of an opium smoking divan if such business be upon his own
account, but
shall not permit such business to be crtrried on key or on account of any
other person
or persons.
0
$. The licence hereby g'eanted is confined to the preiniaes above
specified, and
shall not extend to any other preiniseN unless with the sanction of the
Opium Farmers
duly noted by endorsement upon these presents.
. 9. The sub-licensee hereby expressly undertakes f to be responsible
within the
'
meaning of the followin ; section for any infringements of the provisions
of the said
Opium Ordinance if committed by any person whomsoever in the premises
occupied by
the sub-licensee, whether such premises be the premises hereby licensed
or the private
residence or other premises occupied by the sub-licensee.
10. In case any one monthly licence fee payable under these presents
shall be in
arrear for five days, or in the event of the breach or infraction of any
of the provisions
of this agreement, or of the said Ohiuni Ordinance on the part of the
sub-licensee or
any person for whom he is hereby made responsible, it shall be competent
for the
,Opium Farmers forthwith to; cancel this agreement brnotice to that
effect, and there-
upon all opium found on the premises of the sub-licensee shall be
forfeited and banded
r
over to the Opiun Far mcrs, who shall be entitled at once to recover from
the sub-
licensee or the said surety ~he monthly fees for the remainder of the
said term, and all
sums held by the Opium Farmers on account of the sub-licensee shall be
forfeited.
Terms and conditions under the provisions of the Opium Ordinances 1884
and
1887, of licences ~or the Bale of opium intended for export in
quantities less than one chest made on the 31st May,
and gazetted 4th Nve, 1887.
1. The licensee shall on obtainic; this licence pay to tile Treasurer the
sum of
one dollar.
ORDINANCE N©. I -bi-, 1884.
Opium.
2. All opium to be sold by the licensee under the provisions of this
licence shall
1>e obtained by him from the importer in chests reistered under the
provisions of The
Opium Ordinances 1884 and .1887, and no opium (other than samples not
exceeding two
taels covered by a certificate of the importer) shall be xeceived by the
licensee, nor be
under his custody or control; except what shall have been so obtained by
him in regis-
t~red chests as aforesaid.
3. The licensee shall not part with any opium sold under the provisions
of this
licence until he shall have received a removal permit for the same from
the Superin-
tendent of Imports and Exports, and a receipt for the same froth the
master of the junk
or other vessel by which the sauze is to be exported. The receipt shall
be endorsed on
the removal permit, and shall be retained be the licensee until required
by the Superin-
tendent.
4. The licensee shall endorse an every parcel of opitim sold by him as
aforesaid
the quantity and kind of opium so sold, and his own nine and the name of
the pur-
chaser, and he shall also attach to every such parcel. a certificate of
sale in the form
provided by section 5 of the said Ordinance (1537), stating that the said
cer tificE~te
shall only be valid for three days front the date of issue thereof,
including the day, of
issue. ,
5. The licensee shall produce all removal permits which he shall receive
for opium
sold under the provisions of this licence to the Superintendent of
Imports and Exports
or to an excise officer, whenever required.
6. No opium sold under the provisions of this licence shall be exported
by a
foreign vessel to any treaty port except Canton, find then only by the
regular river
steamers.
7. The licensee shall allow the Superintendent or his deputy at any, time
during
the continuance of this licence, whether by day or night, to enter and
search for defi-
cieDcies any dwelling house, shoV, or other -building or place used by
him.
$. In the event of any deficiency being found upon search as aforesaid,
or of the
breach of any of these conditions, the Governor shall be at liberty to
cancel this licence
without any previous notice to the licensee.
9. The licensee shall enter into a bond with two valid sureties,
conditioned in the
penal sum of five thousand dollvs,for the due performance of each'of
these conditions.
10. This licence shall not be transferable egcqpt with the permission of
the Treas-
carer first obtained.
lI. The licensee shall not remove his business from one shop or house to
another
shop or house without the permission of the Tren,surer.
NOTE.-h'or superseded regulations under section 1`5 of the 20th March,
1886, see Gazette
of same date..
1762
[See Ord. No. 17 of 1886, No. 22 of 1887.]
Interpretation.
Excise Officer.
Farm.
Farmer.
Dross Opium.
Prepared Opium.
Opium Farmer.
Dross Farmer.
Divan Farmer.
1763
Possession.
[1 of 79 s. 1.]
Smoking opium.
Import and possession of opium.
[2 of 58, s. 8, 7 of 79, s. 5.]
Unlicensed preparation, &c. of opium.
[2 of 58, s. 5.]
Smoking divans.
[4 of 83, s. 4.]
1764
Excise officers.
[1 of 79, s. 11. 4 of 83, s. 2.]
Their names and residences.
[1 of 79, s. 11. 4 of 83, s. 2.]
Existing officers.
Opium farm.
[2 of 58, s. 2.]
[For form of grant and conditions thereof, see Gazette 16th June, 1888.]
1765
Farming of opium divans and dross.
[4 of 83, s. 4.]
Dross opium.
Fines under farm system.
[2 of 58, s. 12.]
Protection of divan and dross farmers.
1766
Default in payment for farm, resale.
[2 of 58, s. 4.]
Sub-licences.
[2 of 58, s. 3.]
Sales.
Certificate.
[2 of 58, s. 7, 7 of 79, s. 3. 4 of 83, s. 1.]
Expiry of certificate.
[7 of 79, s. 4, 4 of 83, s. 3.]
Notice of expiration of farm.
[1 of 79, s. 3.]
1767
Restriction on licensees.
Close of farm stocks.
[1 of 79, s. 5, 7 of 79, .s 7, 4 of 83, s. 3.]
1768
Usual quantities.
[7 of 79, s. 7.]
If farmer appoints no arbitrator.
[7 of 79, s. 7, 4 of 83, s. 3.]
Period for award.
[7 of 79, s. 7.]
Powers of arbitrators.
[7 of 79, s. 7.]
Taking over stocks.
[1 of 79, s. 4, 4 of 83, s. 3.]
Arrest without warrant.
[7 of 79, s. 9.]
Searching ships.
[7 of 79, s. 8.]
[Note: This power to search ships is extended to Excise officers by Ordinance No. 17 of 1886 which also defines 'Ship']
1769
Search warrants.
[2 o 58, s. 9. 1 of 79, s. 10.]
[Note: The power to issue search warrants may also be exercised by any Justice of the Peace.
See Ordinance No. 17 of 1886.]
Confiscation of prepared opium and utensils.
[1 of 79, s. 7, 4 of 83, s. 1.]
Seizure of raw opium.
[1 of 79, s. 8.]
Seizure of raw opium under other
1770
circumstances.
[1 of 79, s. 9.]
Procedure.
[2 of 58, s. 12, 1 of 79, s. 14.]
Penalties.
[2 of 58, s. 13, 7 of 79, s. 6.]
Disposal of fines.
[7 of 79, s. 10, 4 of 83, s. 4.]
Forfeiture of raw opium.
[1 of 79, s. 16, 4 of 83, s. 2.]
unclaimed utensils.
[1 of 79, s. 15, 4 of 83, s. 2.]
1771
False charges, &c.
[2 of 58, s. 15.]
Irregular proceedings.
[2 of 58, s. 16.]
Public servants disqualified.
[2 of 58, s. 6.]
Repeals.
Regulations, &c. to continue.
1772
Commencement of Ordinance.
17 0~' 188,
No. 22 of
r ss7.l
ORDINANCE ~'o.. 1 b'F :.I884.
Opium.
No. 1 of 1884.
An Qrclinange entitled Tree Opium Ordinance, 1884.
BE it enacted by the Governor of Hongkong, ,with the advice of the
Legislative Council thereof, as follows :-'
[ `?6t,h M arch, 1884. ]
Interprets- 1., Tn the. construction of this Ordinance the following terms
and w-
tzon. . pressions shall have the meanings hereinafter assigned to them,
that is to
say
B.Tei8e The-term Excise Ogicer shall mean any person appointed by the
dff'oer
Governor under section 5 of this Ordinance.
,rarm. 'f he term Farm shall mean any exclusive privilege granted
~'a:nzer, under fl
usthe Ordinance, and the term Farmer any holder for
the time being of such exclusive privilege.
Dross Upiujn. ..T~uu,ss Dpiu.n? shall mean opium prepared vchollv or
chiefly from
opium dross
Prepared Prepared Opiu7v shall include dross opium wherever such a
Opium.
construction is not contrary to the contest of this
Opium, :~'c~rmaer.
Opium, I%armeo° shall mean the holder for the time being of the
exclusive privilege of boiling and selling prepared opium
either inclusive or exclusive of dross opium.
.Drossl'ar-mer. Dross Farmer shall moan the holder for sloe time being of
the
exclusive privilege of collecting and Ianrchasina opimn
dross and dealing in, and preparing dross opium.
,nzian ° Divan .h'armer shall mean the holder for the time being of the
.Farmer.
b
eaclMive privilege of opening or licensinb any class of
opmm smoking divans.
When there is no opium farmer, or no dross farmer, or no divan
farmer, this Ordinance shall be read as if the Governor in
Council, or any licensee of the Governor in Council; or the
Colonial Secretary, or any Iiccn'see of the Colonial Secretary;
as the cash may be, were expressly named instead of such
.farmer. And payment or delivery to the Colonial Trea.-
scarer for the use -of the revenue of the Colony, or to an
excise officer for the same purpose shall ,in all such cases
1.7e taken to be payment or delivery to .such farmer under
this Ordinance.
ORDI \:A1\ CE ~'o: ' 1. f 1884.
1 G3
Any raw, boiled, or prepared opium, Op1Lin1 dross, or utensils, ~i a~
~o~n.i.l
v easels, or implements used for prepraring or srnokint; the
same shall for the purposes of this Ordinance be deemed to
be in possession of any person if he knowingly have them
in actual possession, custody or control, by himself or by
any other person.
The provisions of this Ordinance as to the smoking of opium, t
opum.
Mid to utensils or implements for the smoking of opium
shall ripply solely to opium smoking divans, rind not to the
smoking opium in otht,r places.
2. No person shall bring into this Collony, or, the waters thereof, or
Importawk,,
possession of
have in his possession or custody within the same, any boiled or prepared
opium.
7 of 79, s. 5.1
certificate tinder
opium,. not being dross opitn without having a valid certificate under
section 16 of this Ordinance. Nio person shall bring into this Colony or
into the waters thereof oir,kno«Fiply hri-,=e in ,leis possession within
the
same any dross opium «=lick has been prepared or purchased in this.
Colony without the knowledge and consent of the dross:farmer. N0~
person except 11 farmer or a (1aly licensed person as provided by .this
Ordinance.shall within this Colony or the waters therehf collect opium,
-dross or knowingly have in his possession or custody without the know-
ledge, and consent of the dross faLrtner any opium dross except such as
may be the result of leis own smoking or of-the smoking .of opium on his
premises.
3: No person except ~a farrrrer or d my licensed person as provided
urniecuhea
preparation,
by this Ordinance shall, within this Colony or the maters thereof, boil
or &c. of opium,
r2 Of :is, $. x.~
in any way prepare opium or dross opium, or sell, or offer or expose for `
sale any boiled or prepared opium or dress opium, or collect or purchase
opium. dross; provided that no medical practitioner, chemist or dru ;gist,
not~beina a Chinese, or beinr such and havinri a European or American,
diploma, shall be prevented from preparing or selling opium bond fide for
medicinal purposes, the burthen of proof whereof shall be upon any person
:nlleginthe same in his defence.
a 4. No person shall open -or carry on,-,any divan or other~place for the
sm-okiag
-smoking of.opium or dross.. opium without a licence under this.
Ordinance. , [4 of 83, s. .r.~
ORDINANCE No. 1 of 188.
Excise officer°s.
raxCiseofficer$ ~. The Governor may, for the purposes of this Ordinance,
make nit.
(1 of 79, s. 1 r.
4 of ss, s. 2.) appointment in form of schedule A. to such merits or
servants of the.
opium farmer as may be 'approved of bar him to act as excise officers,
and in case there is not such farmer then the Governor may in a simi~ar-
forrri appoint such persons as he may think fit: and no persons except
those so appointed shall be competent to act as excise officers under this
Ordinance. Such appointments 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.
Their names
and resi-
dences.
(1, of 79,s.12.]
their badges.
of ~ 79, s.13,
4;pi=53, s. 2.]
opium farm.
2 of 58y s. 2.]
¢For form of
-grant anti
ooj2ditions
thereof, aec
Gazette 16t&
6. The name and place of residence of every .excise officer shwll be
posted in a conspicuoLia place at the Police Court.
7. Every excise officer shall be supplied 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 provisiow 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-
actin under the provisions of this Ordinance, if not in uniform, shall iii
like manner declare his office, and produce to the person against shorn
he is
about to act such badge as the Captain Superintendent of Police shall
have directed or may direct to be carried by Police officers when
employed on secret or special -service.
$: Persons who are excise officers at the time of the commencement
of this Ord.inance shall be deemed, to have been duly appointed under
this. Ordinance.
Farms.
r
9. The Governor in Council may grant; to any person, for such-
considerations, and upon such conditions; and~for such terms or periods,
and in- such form as from timefto time may be by the Governor in Council
regulated and .determined, and also previously notified to the public in
the Gazette, the dole privilege of boiling and preparing opium either-
inclusive or exclusive,, of dross opium, and of selling and retailing
within
the said Colony, or the waters thereof, opium so boiled or prepared: and
such privilege may from time to time be granted to the highest bidder,.
ORDINANCE No. 1 0F 1854.
Opium
to be ascertained either by public auction or by tender, to be made in
pursuance of notice to be published in the Gazette lto that effect;, but
-every such bidder shall, before he is declared the purchaser of the
privilege, give bond with sureties in tlie sum of twenty thousand current
dollars at least, to the satisfaction of the Governor in Council, for the
due
-performance of the conditions of the privilege, and of his stipulations
in
respect thereof.
l0. 'Clie Governor in Council rnay farm out the privilege of keeping
divans for the smokinZD of opium to one or more t.lian one person, on such
terms and conditions as may seem to the Governor in Council expedient,
and the ,,-ralitee or grantees shall be empowered to grant licences to
separate keh,pers of szacli divans. i The Governor ill Council inay make
such re;;ulations as to the division of such opium divans into classes as
may seem to him expedient, and in the event of there; being no farmer
for any class the t:olouial Secretary znay grant licences and to revoke
the scone on such terms anct conditions as he may think fit,'.
Farming of
opium divan
as dross.
~~F of 83, R. 4.~
ll,. The Governor in CaurECil may in like manner farm out the Dross opium.
privilege of collecting, dealing in, and preparing dross opium and in the
event of there being no farmer the Colonial secretary may grant licensees
to prepare and to deal in dross opium and may revoke the same on such
terms and conditions as he may think fit. .
12. The Governor in Council may make and when made revoke,
Dines under
:add to or alter a scale of fine's to be levied for breaches of the
regulations farm system.
[2 of a8, s.12.1
under which any farm is created under this Ordinance. Every fine
provided by such scale of fines shall be levied in the same manner as the
fines imposed by this Ordinance.
13. X11 the provisions of this Ordinance as to searches, arrests
Protection of,
divan and
possession, the seizure and disposal of opium, utensils, vessels, or
_aros$faxmexs,
implements used for preparing or smoking the same, and the disposal
thereof, penalties and their divisions rewar& to informers, and penalties
for false charges or irregular proceedings under this Ordinance, shall ,
apply, so far. as circumstances will permit, in relation to all cases .of
any
infraction of this Ordinance or of any regulation made thereunder with
respect to opium smoking divans, or to the preparation of or dealing in
:dross opium.
,
Certificate.
~3 of n8, s. 7,
of 79, s. ,3,
of 8.8, s. 1.)
OhDINANCL ' N o: 1- o.P- 1s84.
Opium.
Default ill '1-.4.- If the consideration money fog any farm created under
thia.
payment for
farm, resale. Ordinance, or any instalment thereof, be not paid within
one month next
[2°£ 59' ~~ 4'1 after the day appointed fur the payment thereo ; the said
farcn shall
become and be absolutely null and void ; and, over and above all- other
such liabilities as are hereinbefore or hereinafter created, the farmer
shall
thereupon become and be liable to make hood to the Government all losses
or expenses incurred by, or by reason of such default in payment or any
resale or re(,rant of such privilege which the Governor in Council may
thereupon, make, and to make which he is hereby authorised.
sitn-licences. 1 'rte` . The opiuW farmer, if any, or in default of any
such farmer, the
[2 °f °s' ~~ 3~] Governor in Council may at his discretion grant licences
to proper,
persons, authorising then to boil and prepare opium, and to sell and
retail opium so boileJ and prepared ; but subject to such conditions as
shall from time to tune be- by the Governor in Council regulated and
previously notified in the Gazette. And the provisions of section 12 of
this Ordinance yzs to a scale of fines for breaches of rep .ilations made
under this Ordinance shall apply equally tc; all breaches of rebulations-
made and notified as aforesaid with regard to such licences for the
boiling
and preparation of opium.
16. It shall be the duty of every person selling or retailing prepared
opium, not being dross opium, under this Ordinance; to deliver therewith
a certificate in English and-(.~hineae, stamped witU the stamp used by
hinz
in carrying on his business, specifying the amount so sold ; which certi-
ficate shall be evidence of the facts therein stated, and shall not be
trans-
ferable, and shall be in one of the forms pruv ided in sched ales B or C
to
this Ordiwance, according as there is or is not, at the time of issuing
such
certificate, an opium farr' tier under this Ordinance. Such certificates
shall
be issued from books provided with counterfoils, and.both the
certificatES-
and the counterfoils shall, bear corresponding and consecutive printed
numbers.
Expiry of 17. No certificate so,ranted by the opium farmer or by any
licensee
Certi&cate. under pin °shall be valid afternoon of the third day from the
date of the
7 of 7y, s. 4,
4 of 83, s. 3.] expiration of such opium fariner's privilege.
Notice of 18: Every opium farmer shall, one month before his farm expires,
expiration of give public notice, in the, form provided by the schedule D
hereto, that
farm.
i °f 79' $' 3'L ~ the said farm is to expire on the day to be named, and
that no boiled or
prepared opium purchased from such farmer, or from any licensee of such
ORDINANCE No. I m 1884.
Odium.
farmer, can be used after such time without the consent of the new farmer.
Such notice shall be printed in English and Chinese, and the farmer shall
supply copies thereof to 'all persons licensed by him under this
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
A
entering such place of sale.
19. All licensees of the Governor in Council under section 15 of
this Ordinance when there is no opium farmer shall during the last three
months of the period of their licences ( if the Governor in Council shall
have granted the opium farm to any farmer) be subject to such restric-
tions as to the quantities of prepared opium they shall boil, prepare, or
sell, as the Governor in Council may from time tea Lime determine. Pro-
vided that such restrictions shall not apply to any licence granted before
the passing of this Ordinance.
20. Neither the opium farmer nor his licensees shall during the three
months preceding the end of his term, manufacture more 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 in greater quantities than usual at the time of the year,
and at the end of his term such farmer or licensees shall not sell,
export,
or otherwise make away with, or dispose of any of their stock of boiled
or prepared opium, but shall make beer to the new farmer the full and
complete stock of raw or boiled and prepared opium then in their posses-
sion, at the marketable value thereo ; . `aad in the event of any
difference
arising as to the quantities of boiled and prepared opium manufactured
or sold during the last three months of the term, and the price of the
same, or as to the nature and quantity of the raw or boiled or. prepared
opium so to be purchased or made offer, and the prices thereof, such
difference shall be determined by three arbitrators, one to be appointed
by the new farmer, one by the person whose farm 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 field at such time after the end of the term of the
out-
going farmer as to the Governor may seem reasonable, and any award
made may be filed is Court pursuant to the provisions of thethe, Hongkong
Cede ofCivil Procedure.
Restriction
on licensees.
Close of farm
stocks.
i of 79, a. 6,
of 79, e. ?,
4 of 83, s. 8.]
ORDINANCE No: 1,oiy-~1;884.
Opium:
Usual quan- ~y1~ It shall be lawful for the majority of the arbitrators to
determine,
Cities. .
[7 of 79, s. 7.] and they are hereby 'empowered to decide in each
particular case, what
are usual quantities within the meaning of this Ordinance.
22: In case the outgoing or the incoming opium farmer fails to
appoint an arbitrator within ten days from his receiving notice from tl.W
Governor so to do, it shall be lawful for the other two arbitrators to
proceed with the award, 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 Procedure.
23. The Governor in fining 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 in the appointment.
24.- The arbitratoa°s shall have the same powers as if' the ahpoint-
rrnent and reference to arbitrawtion had been made by an order of the
Supreme Court under the provisions of the Hongkong Code of t.'.ivil Pro-
cedure; and their award in each case shall~,be final.
25. The opium farnoea and his licensees shall, nn the expiration of
his term, hand over to the incoming farmer, and the incoming farmer
shall take over from the outgoing farmer, all his stock of raw, boiled,
and
prepared opium, 'at such prices as may be settled, subject to the
provisoes
hereinbefore contained for arbitration in case of difference.
Arrest~ , seas°e1ae~, . and foe feitures.
Arrest 26. It shall be lawful for any Police or Excise officer to arrest,
without
warrant. without, warrant, any- person within the (;olony whom he
reasonably
[7 of 79, s. 9.]
suspects to be conveying or to haNt
concealed on his person boiled or
If farmer
appoints no
arbitrator.
[7 of ?9, s. 7,
4 of 83, s. 3. J
Period for
award.
[7 of ?9, s. 7.]
Powers of
arbitrators.
[7 of 79, s. 7.]
Taking over
stocks.
[I of 79, s. 4,
4 of 83, s. 3.]
Searching
ships.
[7 of 79, s: 8.]
[ Note : This
power to
seare7e ships
is extended to
.excise o~'ccers
by Ordinance
No. 17 of
1886 which
also defines
<r Skip ']
prepared opium whiZh has not paid duty to the opium farmer, and to
convey such person to the nearest Police Station, there to be dealt with
according to law. -
. It shall be lawful for an~ inspector of Police, having reasonable
`round for believing that there is boiled or prepared opium in any ship
within the waters of the Colony contrary to the provisions of this Ordi-
nance (such ship not berg a ship of war or vessel having the status of a
A
ship of war), to proceed without warrant on board such ship and search
for boiled or prepared opium, and seize any boiled or prepared opium so -
found, and it shall be lawful for such inspector to take the opium so
found together with the person ire whose custody, possession, or control
it is found before a Police 1Zaaistrate, to be dealt with accordin; to
law.
ORDINANCE No. ',1 -oF 1884.
0 piztm.
28. Upon lawful evidence being first given to the reasonable
satisfaction of any. Magistrate, that any person within this Colony or the
..
waters thereof has in his possession or custody any opium otherwise than
as provided by section 16 of this Ordinance, or any opium prepared, sold,
or retailed contrary to this Ordinance, it shah be lawful for the said
Ma.-
istrate to issue a search warrant in that behalf, and such search warrant
may be executed by any Police or Excise officer, and the officer executing
such warrant may enter tiny tenement, place, or vessel within this Colony
or the waters thereof, and search. for, and, if found, seize and hold,
subject
to the order of the Court hereinafter mentioned, any raw or prepared opium
within such tenement, place, or vessel whereof no satisfactory explanation
shall be given by the person aforesaid, and also any utensils,
implements, or
vessels which have been used or which are manifestly intended to be used
in boiling, preparing, or smoking opium in such tenement, place, or
vessel,
and may also seize and bald as aforesaid any raw or prepared opium, or
any such utensils, implements, or vessels, found in possession of the
person aforesaid in any place 'whatever.
r
29. A11 boiled or prepared opium offered or exposed for sale by any
unauthorised person, and all boiled or prepared opium found in the
possession or custody or control of any unauthorised person or in airy
unauthorised place, and any utensils or vessels which have beau used, or
which are manifestly intended to be used in boiling or preparing or
smoking
opium by any unauthorised person, or in any unauthorised place, may, be
seized by a Police or Excise officer, and shall be forfeited, and may be
by
a Magistrate delivered and al(j udged to the farmer, and any unauthorised
person in whose possession miy such boiled or prepared opium. or utensils
or vessels are found may be apprehended and taken before a DZabistrate
by any Police or Excise offtcer.
30. Whenever boiled or prepared oloi urn is so seized as last aforesaid,
Seizure of
and any such utensils or vessels are also seized as aforesaid the Police
Tra'°° opium.
L
1 of 79, s. 8.~
or Excise officer seizing the same may also seize any raw opium that
may be found in the custody or control 8f 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..
Search
warrant.
[2 of 68, s. 9.
1 of 79, s. 10. 1
[Note: TIw
power to
zssicc searalz
narrants ?nay
also be exer-
cised by any
Justice of the
Peace. See
Ordinance
No. r r of
1ssc.]
Confiscation
of prepared
opium and
utensils.
i of 79, s. 7
of ss, s. J.f
31. Whenever from any other cauv there is reasonable ground t0 Seizure of
raw opium
believe that boiled or prepared opium.is manufactured by any unauthorised
under othei
ORDINANCE No. 1 0F 18,84.
Opium.
-circums- ' per5og, or in any unauthorised place within this Colony; it
shall be
t~no~ss.
c1 of 79, s. 9.1 lawful for a Police or Excise officer to seize any raw
opium found in
possession of such unauthorised person, or in such unauthorised place.
Procedure.
Procedure. 32, All offences against this Ordinance may be tried and , al-1
penal-
[ 2 of 58, s. 12, 11
1 of 79, S.14.]. ties under this Ordinance may be recovered in a summary
way before a
.' Magistrate.
Penalties.
Penalties. 33. For every offence against the provisions of this Ordinance
(or
[2 of 58, s. 13,
7 of 79, s. 6.] against any regUlation,made thereunder) not otherwise
specially provided
for, the offender shall he liable to the following penalties:
---
(1. ) For every first 'offence a fine not exceeding five hundred
dollars, or imprisonment for a term not exceeding three
months, with or without'hard labour:
( 2. ) For every ^subsequent offence,c a fine not exceeding one
thousand dollars, or imprisonment for a term not exceed-
ing six months, with or without hard labour.
Disposal of 34. The pecuniary penalty imposed upon the offender shall,
after.,
$7 of 79, s. ~10, the adjudication of a portion of the same not`
exceeding one half to the
of s2,-s. 4.a informer at the discretion of the Magistrate be paid to the
farmer, and all
a the boiled or prepared opium to which the same relates may be forfeited,
and by the Magistrate in his discretion adjudged and delivered to the
farmer.
Forfeiture of 3~. Where any boiled or prepared opium, or utensils or
vessels used
raw opium.
[i of 7s, s: is, for preparing or smoking the same, are founj in the
possession of any
4 of 83, s: 2.]-: `;
,. unautli.orized person, or in any unauthorized 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 or smoking 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 in the possession of such person or in such place to be
forfeited, and to direct that` the same shall be delivered to the farmer.
:~
Unclaimed 36. In case any boiled or prepared opium, or utensils or vessels
o~ ~s; $ 15 used for preparing or srnoki rrg the same, are found without
being
4 of s3, s.~2.1' apparently in the possession of any one, it shall be
lawful for the NTagis-
ORDIl\'AIITCE So. 1 er 1884.
Opium,
trots to cause a notice to be affixed at the place rvhtre any, such
r.xticle
may be found, calling upon the owner thereof to claim the same ; and in
case no person shall come forward to make a claim within one wash from
the date of such notice, the same, together with~any raw opium that may
beg found in the same place, shall be forfeited, and may be handed over
by the AIanistrate to the 'farmer.
37. In dismissing any, charge or complaint under this Ordinance Fiasech,
on the ground of the same being false, or frivolous and vexatious it
shall be the duty of the Court to impose upon the person bringing the
same any penalty not exceeding the penalty which the defcrar.~ant, if
convicted upon such charge or complaint, would have incurred, suclr
penalty shall be over and above any other penalties or liabilities which
the said person may have likewise incurred in respect of his said charge
or complaint, or of leis evidence in support thereof.
38. Over and above all other liabilities or penalties to which, by irmot.,
this Ordinance or any other low, any person shall become or be subject f2
f is~6,1
in respect of his suing oat, robtaining, issuing, or executing improperly,
and without sufficient cause, any search warrant under this Ordinance,
the said person shall be further liable to the penalties specified ire
section
33, to be enforced and levied as lxereinbefore, provided.
39. Persons employed in any department of the Public service,
and persons in the employment of diem, or of any of them, are disquali-
fied from, becoming or being in any way possessed of, or directly or
indirectly interested in any privilege or licence under this Ordinance, or
the profits thereof, whethen.at law or in equity, and whether in their
own, right respectively, or in the right of another; and from suing far
or in respect of, or in any way enforcing tbc same.
The following Ordinances are hereby repealed,
Ordinance No. 2 of 1858,
Ordinance No. 1 of 1879,
.
Ordinance No. 7 of 1879,
Ordinance No. 4 of 188,
Ordinance No. 8 of 18813,
.biit such repeal shall not affect anything lawfully done or commenced to
,eglatious,
be done thereunder, and every regulation bond, or licence made or &C ,
antinue.
issued under the above repealed -Ordinances shall continue in full effect
as if made or issued under this Ordinance; until such regulation, bond,
oF lic66ce shall he duly cancelled, amended, withdrawn, or shall empire.
Public
disqualified.
(2 of .58, n. 6.]
ORDINANCE No: 1. OF: 1884.
Opium.
Commence- Vii. This Ordinance shall commence and take effect on a day to
be.,
meat of
ordinance. proclaimed by the Governor.
11
SCHEDULES.
APPOINTMEN'IL OF EXCISE OFFICER.
The Excise Ordinance, 188 . -
A.B. of in is hereby appointed to be an Excise
officer ixnder the above Ordinance, and is duly vested with all the
rights, powers, and
immunities of such officer under the provisions of the said Ordinance,
until
18 or until this licence is revoked by the Governor of this Colony for
the time being.
Hongkong, 18
No. Opium Certificate.
t~ Not transferable. To be returned after the opium is used.
Sold this day to
Taels mace
Hongkong,
Colonial Secretary.
of No. Street,
candareens of prepared opium for his own use.
18
NOTICE.-The monopoly of the Hongkong Opium Farm, at present held by the
undersigned, expires on The boiled or prepared
opium now purchased and sold cannot be legally used or retained in your
possession
after noon of the third day from the above date, without the consent of
the new holder
of the monopoly, or of the Governor. ~
(Signed)
;K 4
~ v
A.
J 1)
I
1773
No.
OR DINANCE fm '1 I.A8't
Opium.
The sante, if there is no Opizc3n Ftil-trt.
Not transferable. To be returned after the opium is used,
Sold this day to of No.
TAls mace
Street,
canclareens of prepared opium for his own use.
18
Hongkong,
~NoTicE.-The Governor in Council has granted the exclusive privilege of
boiling,
preparing, and selling prepared opium within the Colony to
from
The opium now 1>urelaascd and sold
cannot legally 17e used or retained in your possossiari after coon of the
tLiril day from
the above date, without t.bo consent of
(Signed)
T
ra1
i~ ~ v ~
Alm
U14
10 D.
Public. Notice of Expiry of Farm.
The exclusive privilege of boiling and preparing opium and
opium so boiled or prepared mill cease au
boiled or prepared opium purchased from us or our licensees can be used
after
18 , at noon, without tide consent of the new holder of such
selling and retailing
1 F . No
exclusive privilege as aforesaid.
(Signed)
.t/ TVT
~.bafiorce from the 27th March, '1884, Unclerproclumation -of scime
altcte.]
ORDINANCE No. I. of 1 884.
Opium.
Additioal coiulition made by the Governor in Council under the provisions
of the
Opium Ordinance 1884 on the 26th and gazetted 29th June, 1884.
From the 24th June A84, the fees on the preparation of opium for export,
in
quantities of not less than 500 taels, are reduce;l. to the rate of
forty-five dollars for
every 1,000 taels of prepared opium exported. x '
,Norm of grant of opium privilege, as regulated and determined in
pursuance of
Ordinance No. 1 of 1884, section 9, on the 7th March 4885.
To aLt To WHOM these presents shall come, t, Sir GEOILGE FERC3USON BowEN,~
G.C.ALG., Governor and Commander-in-Chief of the Colony of Hongkong, and
its Dependencies, and dice-Admiral of the same, in Executive Council
assembled,
-Send Greeting:-
'
WHEREAS (here insert recitals 'according to, the facts,of each case).
Krrow YE
THF,REFORE, that in consideration of the premises,_ and of the payment by
the said
of the sum of payable in
instalments of each on the firstday of each month, in advance
during the term hereby granted, and ire pursuance of the said Ordinance,
and such con-
ditions as are. regulated and determined, or may be regulated and
determined as, pro-
vided by the said Ordinance, I, the said Governor, by and with the advise
of the said
Executive Council, *have given and granted, and by these presents under
the seal _of-
the~ said Colony for myself, and my successors in the Government of the
same, Do give
and grant unto the said his executors, administrators, and
assigns, the sole privilege of boiling and preparing opium (inclusive or
eg0clusive of
dross opium, as the case map be) and of selling and retailing within the
said Colony,,
and the waters thereof, opium so boiled or prepared. for and during the
term herein-
after expressed, in conformity with and subject to tie said Ordinance in
that behalf
provided, and to' the s'aia conditions, and to these presents, and so as
that he the said
his executors, administrators, and assigns, shall and-
lawfully may have and enjoy the whole profit, benefit, commodity .and
advantage, from
time to time, during the Sao term coming, growing, accruing, and arising,
by reason
of the said privilege. To have, hold, use, exercise and enjoy the premises
hereby
granted, with the power to grant licences, and all other powers incident
to the said
privilege, and all benefit and advantage of the said, Ordinance and
conditions, or any of
them unto the said for and during and unto the full end
.and term of ` whole year commencing with the day of
one thousand eight hundred and . , and ending with'
the day of one thousand eight hundred and
PROVIDED ALWAYS, and these presents are upon this express condition, that
if at any
time -daring the said term hereby granted the said his executors,
ORDINANCE 'No, 1 0v-1.88.
opium.
administrators or assigns, shall not upon his or their part or behalf,
pay the said
monthly instalments, or and of them, or observe, perform, aud keep and o£
tha.protd,
sions of these presents, or of the said Ordinance, or the said
conditions; or atop o£
them, or shall of his or their own proper authority, add to,-or alter the
said provisions
and conditions respectively, or and of the same respectively, or attempt
to make any
sxeh addition or alteration in that behalf, or if these presents are now,
or at any time
during the said term shall become or be contrary to law, then and in any
or either of
the said cases, these presents shall forthwith cease, determine; and be
utterly void,
anything hereinbefore contained to the contrary thereof in anywise
notwithstanding.
IN WITNESS whereof, I, the said Governor, have sot my hand and, the
eeal.of the said
Colony to these presents, on thp dap of one thousand,
eight hundred and
R,egulataarw approved by the (xoveruor in Council under section 15 of
Ordinance I
of 1884, the 1 ?th and gazetted the F8th AStptembe-, 1$$6.
CONDITIONS OF SUB-LICENCES TO BE GRANTED
BY SHE OPIUM FARMERS.
1. The sub-licensee is hereby licensed to X11 and retail at No.
Street
opium boiled or prepared at the establishments of the Opium Farmers for
the term of
sic calendar months commencing from then
one thousand eight hundred and oighty-
one thousand eight hundred and eighty-
day a£
and ending the day o£
and the sub-licensee
agrees to accept such licence for the said term.
2. The fees paid by the sub-licensee to the Opium Farmers shall be
dollars (weighed at ?.2) per month payable in advance upon the first day
of sash and'
every month, the first of such monthly instalments to be made on the
dad of
one thousand eight hundred and eighty-
3. Upon signature of these presents the sub-licensee ,,shall pap to the
Opium
Farmers in addition to the first month's licence fee a further sucnequal
to one month's
licence fee which shall be held by thb Opium 'Farmers, and shall go in
payment a£ the
fast month's licence fee of the said term unless forfeited as hereinafter
provided.
4. The Opium Farmers sh°a11 always have an hand a stock of prepared opium
far
sale, and the sub-licensee shall purchase from the .Opium Farmers all
prepared opium
which he may require for sale or retail.
5. The sub-licensee shall make a daily report to the Opium Farmers of the
quantity of prepared opium said by him, and shall enter in a book to be
kept by him
the name and address of every purchaser of prepared opium, and the
quantity .of opium
sold to each purchaser; such book to be posted daily, and to be open at
all reasonable
times to inspection by the Opium Farmers, their agents, or authorized
officers.
ORDINANCE NoA of 1 884.
Opium.
' ' 6. The sub-licensee shall not sell or have in his possession or under
his control
any opium other than opium prepared by the Opium Farmers, and shall not
construct
furnaces for the preparation of opium, nor prepare or permit to be
prepared opium
upon the said premises or irfannyy other place in the said Colony, and
shall not buy, sell,
or deal in contraband opium, that is to say, opium not prepared by the
Opium Farmers,
and shall not mix or cause to be mixed with opium purchased from the
Opium Farmers
any such contraband opium; or any liquid or other substance whatsoever,
nor sell any
opium purchased from the Opium Farmers adulterated or mixed with such
contraband
opium or liquid or other substance.
7. TheIsub-licensee shall have the privilege of carrying on upon the said
premises
the business of an opium smoking divan if such business be upon his own
account, but
shall not permit such business to be crtrried on key or on account of any
other person
or persons.
0
$. The licence hereby g'eanted is confined to the preiniaes above
specified, and
shall not extend to any other preiniseN unless with the sanction of the
Opium Farmers
duly noted by endorsement upon these presents.
. 9. The sub-licensee hereby expressly undertakes f to be responsible
within the
'
meaning of the followin ; section for any infringements of the provisions
of the said
Opium Ordinance if committed by any person whomsoever in the premises
occupied by
the sub-licensee, whether such premises be the premises hereby licensed
or the private
residence or other premises occupied by the sub-licensee.
10. In case any one monthly licence fee payable under these presents
shall be in
arrear for five days, or in the event of the breach or infraction of any
of the provisions
of this agreement, or of the said Ohiuni Ordinance on the part of the
sub-licensee or
any person for whom he is hereby made responsible, it shall be competent
for the
,Opium Farmers forthwith to; cancel this agreement brnotice to that
effect, and there-
upon all opium found on the premises of the sub-licensee shall be
forfeited and banded
r
over to the Opiun Far mcrs, who shall be entitled at once to recover from
the sub-
licensee or the said surety ~he monthly fees for the remainder of the
said term, and all
sums held by the Opium Farmers on account of the sub-licensee shall be
forfeited.
Terms and conditions under the provisions of the Opium Ordinances 1884
and
1887, of licences ~or the Bale of opium intended for export in
quantities less than one chest made on the 31st May,
and gazetted 4th Nve, 1887.
1. The licensee shall on obtainic; this licence pay to tile Treasurer the
sum of
one dollar.
ORDINANCE N©. I -bi-, 1884.
Opium.
2. All opium to be sold by the licensee under the provisions of this
licence shall
1>e obtained by him from the importer in chests reistered under the
provisions of The
Opium Ordinances 1884 and .1887, and no opium (other than samples not
exceeding two
taels covered by a certificate of the importer) shall be xeceived by the
licensee, nor be
under his custody or control; except what shall have been so obtained by
him in regis-
t~red chests as aforesaid.
3. The licensee shall not part with any opium sold under the provisions
of this
licence until he shall have received a removal permit for the same from
the Superin-
tendent of Imports and Exports, and a receipt for the same froth the
master of the junk
or other vessel by which the sauze is to be exported. The receipt shall
be endorsed on
the removal permit, and shall be retained be the licensee until required
by the Superin-
tendent.
4. The licensee shall endorse an every parcel of opitim sold by him as
aforesaid
the quantity and kind of opium so sold, and his own nine and the name of
the pur-
chaser, and he shall also attach to every such parcel. a certificate of
sale in the form
provided by section 5 of the said Ordinance (1537), stating that the said
cer tificE~te
shall only be valid for three days front the date of issue thereof,
including the day, of
issue. ,
5. The licensee shall produce all removal permits which he shall receive
for opium
sold under the provisions of this licence to the Superintendent of
Imports and Exports
or to an excise officer, whenever required.
6. No opium sold under the provisions of this licence shall be exported
by a
foreign vessel to any treaty port except Canton, find then only by the
regular river
steamers.
7. The licensee shall allow the Superintendent or his deputy at any, time
during
the continuance of this licence, whether by day or night, to enter and
search for defi-
cieDcies any dwelling house, shoV, or other -building or place used by
him.
$. In the event of any deficiency being found upon search as aforesaid,
or of the
breach of any of these conditions, the Governor shall be at liberty to
cancel this licence
without any previous notice to the licensee.
9. The licensee shall enter into a bond with two valid sureties,
conditioned in the
penal sum of five thousand dollvs,for the due performance of each'of
these conditions.
10. This licence shall not be transferable egcqpt with the permission of
the Treas-
carer first obtained.
lI. The licensee shall not remove his business from one shop or house to
another
shop or house without the permission of the Tren,surer.
NOTE.-h'or superseded regulations under section 1`5 of the 20th March,
1886, see Gazette
of same date..
1762
[See Ord. No. 17 of 1886, No. 22 of 1887.]
Interpretation.
Excise Officer.
Farm.
Farmer.
Dross Opium.
Prepared Opium.
Opium Farmer.
Dross Farmer.
Divan Farmer.
1763
Possession.
[1 of 79 s. 1.]
Smoking opium.
Import and possession of opium.
[2 of 58, s. 8, 7 of 79, s. 5.]
Unlicensed preparation, &c. of opium.
[2 of 58, s. 5.]
Smoking divans.
[4 of 83, s. 4.]
1764
Excise officers.
[1 of 79, s. 11. 4 of 83, s. 2.]
Their names and residences.
[1 of 79, s. 11. 4 of 83, s. 2.]
Existing officers.
Opium farm.
[2 of 58, s. 2.]
[For form of grant and conditions thereof, see Gazette 16th June, 1888.]
1765
Farming of opium divans and dross.
[4 of 83, s. 4.]
Dross opium.
Fines under farm system.
[2 of 58, s. 12.]
Protection of divan and dross farmers.
1766
Default in payment for farm, resale.
[2 of 58, s. 4.]
Sub-licences.
[2 of 58, s. 3.]
Sales.
Certificate.
[2 of 58, s. 7, 7 of 79, s. 3. 4 of 83, s. 1.]
Expiry of certificate.
[7 of 79, s. 4, 4 of 83, s. 3.]
Notice of expiration of farm.
[1 of 79, s. 3.]
1767
Restriction on licensees.
Close of farm stocks.
[1 of 79, s. 5, 7 of 79, .s 7, 4 of 83, s. 3.]
1768
Usual quantities.
[7 of 79, s. 7.]
If farmer appoints no arbitrator.
[7 of 79, s. 7, 4 of 83, s. 3.]
Period for award.
[7 of 79, s. 7.]
Powers of arbitrators.
[7 of 79, s. 7.]
Taking over stocks.
[1 of 79, s. 4, 4 of 83, s. 3.]
Arrest without warrant.
[7 of 79, s. 9.]
Searching ships.
[7 of 79, s. 8.]
[Note: This power to search ships is extended to Excise officers by Ordinance No. 17 of 1886 which also defines 'Ship']
1769
Search warrants.
[2 o 58, s. 9. 1 of 79, s. 10.]
[Note: The power to issue search warrants may also be exercised by any Justice of the Peace.
See Ordinance No. 17 of 1886.]
Confiscation of prepared opium and utensils.
[1 of 79, s. 7, 4 of 83, s. 1.]
Seizure of raw opium.
[1 of 79, s. 8.]
Seizure of raw opium under other
1770
circumstances.
[1 of 79, s. 9.]
Procedure.
[2 of 58, s. 12, 1 of 79, s. 14.]
Penalties.
[2 of 58, s. 13, 7 of 79, s. 6.]
Disposal of fines.
[7 of 79, s. 10, 4 of 83, s. 4.]
Forfeiture of raw opium.
[1 of 79, s. 16, 4 of 83, s. 2.]
unclaimed utensils.
[1 of 79, s. 15, 4 of 83, s. 2.]
1771
False charges, &c.
[2 of 58, s. 15.]
Irregular proceedings.
[2 of 58, s. 16.]
Public servants disqualified.
[2 of 58, s. 6.]
Repeals.
Regulations, &c. to continue.
1772
Commencement of Ordinance.
Abstract
1762
[See Ord. No. 17 of 1886, No. 22 of 1887.]
Interpretation.
Excise Officer.
Farm.
Farmer.
Dross Opium.
Prepared Opium.
Opium Farmer.
Dross Farmer.
Divan Farmer.
1763
Possession.
[1 of 79 s. 1.]
Smoking opium.
Import and possession of opium.
[2 of 58, s. 8, 7 of 79, s. 5.]
Unlicensed preparation, &c. of opium.
[2 of 58, s. 5.]
Smoking divans.
[4 of 83, s. 4.]
1764
Excise officers.
[1 of 79, s. 11. 4 of 83, s. 2.]
Their names and residences.
[1 of 79, s. 11. 4 of 83, s. 2.]
Existing officers.
Opium farm.
[2 of 58, s. 2.]
[For form of grant and conditions thereof, see Gazette 16th June, 1888.]
1765
Farming of opium divans and dross.
[4 of 83, s. 4.]
Dross opium.
Fines under farm system.
[2 of 58, s. 12.]
Protection of divan and dross farmers.
1766
Default in payment for farm, resale.
[2 of 58, s. 4.]
Sub-licences.
[2 of 58, s. 3.]
Sales.
Certificate.
[2 of 58, s. 7, 7 of 79, s. 3. 4 of 83, s. 1.]
Expiry of certificate.
[7 of 79, s. 4, 4 of 83, s. 3.]
Notice of expiration of farm.
[1 of 79, s. 3.]
1767
Restriction on licensees.
Close of farm stocks.
[1 of 79, s. 5, 7 of 79, .s 7, 4 of 83, s. 3.]
1768
Usual quantities.
[7 of 79, s. 7.]
If farmer appoints no arbitrator.
[7 of 79, s. 7, 4 of 83, s. 3.]
Period for award.
[7 of 79, s. 7.]
Powers of arbitrators.
[7 of 79, s. 7.]
Taking over stocks.
[1 of 79, s. 4, 4 of 83, s. 3.]
Arrest without warrant.
[7 of 79, s. 9.]
Searching ships.
[7 of 79, s. 8.]
[Note: This power to search ships is extended to Excise officers by Ordinance No. 17 of 1886 which also defines 'Ship']
1769
Search warrants.
[2 o 58, s. 9. 1 of 79, s. 10.]
[Note: The power to issue search warrants may also be exercised by any Justice of the Peace.
See Ordinance No. 17 of 1886.]
Confiscation of prepared opium and utensils.
[1 of 79, s. 7, 4 of 83, s. 1.]
Seizure of raw opium.
[1 of 79, s. 8.]
Seizure of raw opium under other
1770
circumstances.
[1 of 79, s. 9.]
Procedure.
[2 of 58, s. 12, 1 of 79, s. 14.]
Penalties.
[2 of 58, s. 13, 7 of 79, s. 6.]
Disposal of fines.
[7 of 79, s. 10, 4 of 83, s. 4.]
Forfeiture of raw opium.
[1 of 79, s. 16, 4 of 83, s. 2.]
unclaimed utensils.
[1 of 79, s. 15, 4 of 83, s. 2.]
1771
False charges, &c.
[2 of 58, s. 15.]
Irregular proceedings.
[2 of 58, s. 16.]
Public servants disqualified.
[2 of 58, s. 6.]
Repeals.
Regulations, &c. to continue.
1772
Commencement of Ordinance.
[See Ord. No. 17 of 1886, No. 22 of 1887.]
Interpretation.
Excise Officer.
Farm.
Farmer.
Dross Opium.
Prepared Opium.
Opium Farmer.
Dross Farmer.
Divan Farmer.
1763
Possession.
[1 of 79 s. 1.]
Smoking opium.
Import and possession of opium.
[2 of 58, s. 8, 7 of 79, s. 5.]
Unlicensed preparation, &c. of opium.
[2 of 58, s. 5.]
Smoking divans.
[4 of 83, s. 4.]
1764
Excise officers.
[1 of 79, s. 11. 4 of 83, s. 2.]
Their names and residences.
[1 of 79, s. 11. 4 of 83, s. 2.]
Existing officers.
Opium farm.
[2 of 58, s. 2.]
[For form of grant and conditions thereof, see Gazette 16th June, 1888.]
1765
Farming of opium divans and dross.
[4 of 83, s. 4.]
Dross opium.
Fines under farm system.
[2 of 58, s. 12.]
Protection of divan and dross farmers.
1766
Default in payment for farm, resale.
[2 of 58, s. 4.]
Sub-licences.
[2 of 58, s. 3.]
Sales.
Certificate.
[2 of 58, s. 7, 7 of 79, s. 3. 4 of 83, s. 1.]
Expiry of certificate.
[7 of 79, s. 4, 4 of 83, s. 3.]
Notice of expiration of farm.
[1 of 79, s. 3.]
1767
Restriction on licensees.
Close of farm stocks.
[1 of 79, s. 5, 7 of 79, .s 7, 4 of 83, s. 3.]
1768
Usual quantities.
[7 of 79, s. 7.]
If farmer appoints no arbitrator.
[7 of 79, s. 7, 4 of 83, s. 3.]
Period for award.
[7 of 79, s. 7.]
Powers of arbitrators.
[7 of 79, s. 7.]
Taking over stocks.
[1 of 79, s. 4, 4 of 83, s. 3.]
Arrest without warrant.
[7 of 79, s. 9.]
Searching ships.
[7 of 79, s. 8.]
[Note: This power to search ships is extended to Excise officers by Ordinance No. 17 of 1886 which also defines 'Ship']
1769
Search warrants.
[2 o 58, s. 9. 1 of 79, s. 10.]
[Note: The power to issue search warrants may also be exercised by any Justice of the Peace.
See Ordinance No. 17 of 1886.]
Confiscation of prepared opium and utensils.
[1 of 79, s. 7, 4 of 83, s. 1.]
Seizure of raw opium.
[1 of 79, s. 8.]
Seizure of raw opium under other
1770
circumstances.
[1 of 79, s. 9.]
Procedure.
[2 of 58, s. 12, 1 of 79, s. 14.]
Penalties.
[2 of 58, s. 13, 7 of 79, s. 6.]
Disposal of fines.
[7 of 79, s. 10, 4 of 83, s. 4.]
Forfeiture of raw opium.
[1 of 79, s. 16, 4 of 83, s. 2.]
unclaimed utensils.
[1 of 79, s. 15, 4 of 83, s. 2.]
1771
False charges, &c.
[2 of 58, s. 15.]
Irregular proceedings.
[2 of 58, s. 16.]
Public servants disqualified.
[2 of 58, s. 6.]
Repeals.
Regulations, &c. to continue.
1772
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/445
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 1 of 1884
Number of Pages
16
Files
Collection
Historical Laws of Hong Kong Online
Citation
“OPIUM ORDINANCE, 1884,” Historical Laws of Hong Kong Online, accessed June 9, 2025, https://oelawhk.lib.hku.hk/items/show/445.
