OPIUM (RAW) ORDINANCE
Title
OPIUM (RAW) ORDINANCE
Description
Opium (Raw.)
No. 22 of 1887.
An Ordinance for the better regulating of the trade in Opium.
[27th May, 1887.]
1~HERLt'1S it is expedient to regulate and con'trol the movement of'
raw opium within the Colony and the waters thereof: Be it
=enacted by the Governor of Honakonw, with the advice of the Legislative
Council thereof, as follows :-
constrtl°t.i°,1. 1. This Ordinance and the Opium -Ordinance of 1884,E
hereinafter
[*nr6. j qf called the principal Ordinance, shall be construed together as
one Ordi-
xss4'] nance to be called The Opium Ordinances 1884 and 1887.
tnt°i~or,~- 2. Opizcn2 in this Ordinance means raw, crude, or unprepared
opium.
I '`°'' Chest of odium means the package, with the opium therein, such-
0
as is usually imported by merchants in the Colony.
Ship in this Ordinance and in the principal Ordinance shall be
construed so as to include any steam-vessel, junk, boat,_
sampan, or any hind of craft used for conveyance of persons.
oh thins by water.
ORDINANCE -No. 22 oF 1887.
Opium (Raw.)
3, No person shall bring into the Colony or the waters - thereof, or
receive therein opium in quantities less than one chest so brought into
the Colony or its waters. -
4. It shall be lawful for the Colonial Treasurer on such terms and
conditions as may be approved by the Governor in Council, to grant
licences fir the sale of opium intended for export in quantities less than
one chest, and no person except the holders of such licences shall be
permitted to sell or barter within the Colony or its waters opium in
quantities less than one chest. The purchase, sale, or barter of
quantities
less than one ball of Bengal opium or three cattier of Malwa, Persian, or
Turkish opium is hereby forbidden.
lj. It shall be the duty of holders of licences to attach to all parcels
of opium sold by them in quantities less than one chest, a certificate in
she following form : ---
Date,
No.
Sold this day to
balls Bengal,
to be exported by him to
per snip
cattier Malwa or
This certificate shall not be valid after noon of the
188
Chop.
6. No person except the opium farmer or the licensed retail dealers
shall have in his possession or under his custody or, control opium in
quantities less than one chest without a certificate of purchase from a
licen-
see except he can show to the satisfaction of a Manistrate :--
(cz.) That the said opium is covered by a certificate of one of
the licensees. ''
(b.) That he has received it under an official export permit.
Provided always that it shall be in the absolute discre-
tion of the officer charged with issuing export permits
to grant or withhold the same, and that this section shall
not apply to samples not, exceeding two taels covered by
a certificate of the importer.
7. It shall be the duty of the licensees to keep a register of the
Register to be. particulars of purchase,and sale in~such form as the
Governor may from kept yes:
tune to time order.
2171-
Tanport of
=lesg
ne
chest
prohibited.
Sale rof opium
in quantities
less than one
chest.
Sale certifi-
cates grantcKI
by licensee.
What persons
may have
opium in
quantities
less than oue
chest.
Penalties.
Pei' mirs Fox
landing of
ehesta of
opium.
vrovement.
and export of
.cheats of
opium.
acted upon until it is so signed.
reTYlOViI.I a CZ
i.l :x,11 sh l pYY1G'~t
~of opium I.
OPLDIIITANCE No. 22 of 1887.
Opium ( law.)
$. Any person offending against the provisions of sections 3, 4 and
E shall, on conviction before a Magistrate, be liable to a fine not
exceeding
one thousand dollars and the forfeiture of the opium or in default
imprisonment with or without hard labour for a period not exceeding
three months, or the Magistrate may order a, period of imprisonment with
or without hard labour in lieu of a portion of the fine, provided the
whole
imprisonment do not emceed six -months; and notw ithstanding the penalty
for the breach of conditions to which licensees are subject, it shall be
lawful for a Magistrate to impose on 'a licensee a penalty not exceeding
five hundred dollars for a breach of any such conditions in case it may
not be deemed advisable to proceed for the full penalty under the
licensee's
bond.
9, Every person importing into the Colony any opium shall forth-
with report the same to an officer to be appointed by the governor to be
named the Superintendent of Imports and Exports, hereinafter called the
Superintendent, giving the number of chests, and shall, before landing
such opium or any hart thereof, send or cause to be sent to such Super-
intendcnt a requisition in the fog°m of schedule <d. giving the
particulars
therein required, whereupon the Superintendent shall furnish a permit in
the form of schedule .l3 authorising the opium to be landed and stored,
and such permit shall be exhibited to the opium farmer or his agent and
shall be signed by him or his agent and shall not be used or acted upon
until it is so signed.
10. Every person moving opium for exportation in chests shall,
before doing so, send to the Superintendent a requisition in form of
schedule C furnishing the particulars therein required, whereupon the
Superintendent shall grant an export permit in the form of schedule D
authorising the said opium to be exporled. The owner or shipper shall
cause such permit to be exhibited to the opium farmer or his agent, and
such permit shall be signed by him or his agent, and shall not be used or
11. Every person moving a chest or chests of ohiumpfrom one place
to another within the Colony or transhipping such chest or chests within
the waters thereof shall before doing so, furnish to the Superintendent a
requisition properly fillein the form of schedule F, whereupon the
Superintendent shall furnish a peimit in the for°m of schedule F
authorising
the transhipment or removal of the said opium, which permit shall be
ORDINANCE No. 22 or 1887.
Opium (Rctiv.)
exhibited to the opium. farmer-or his agent, and shale be signed by him
or his agent, and shall not be used or acted upon until it has been so
signed.
12. In the event of the arrival at or departure from the Colony of steamei-s
arriving out
any steamer carrying opium when the Superintendent's office is closed of
offiGehour,..
o' may be closed before; application for a permit can be Made, it shall be
lawful for the agent of such steamer to land or ship any opium without
a permit, and to deliver any opium so landed to the owner or consignees
thereof, or to keep the sanzL ire his own custody, but so soon thereafter
as the Superintendent's otlicc is opened the said went shall apply for
the necessary permit, and furnish tile particulars requisite.
13. Any person offending against or not complying with any of tile
z7enalt,y.
provisions of sections J, 1(), 11, 1 2 shall be liable on conviction to a
penalty not exceeding five hundred dollars, and any opium imported or
n,o,.feitll,.~.
exported or stored or moved or attempted to be imported or exported or
stored or moved contrary to the provisions of the foregoing sections
.shall
be seized and may be forfeited.
1$. Every importer of opium shall keep a register sheering the Register
t~,
number of chests imported by him and how and to whom it `vas disposed
bnlko kept
of. AIarhs and Government numbers in the case of the Bengal drug shall
be given, and such other marks, or numbers in the case of other sorts of
opium as the Superintendent may require to be placed upon it.
Every offence for lion-compliance with tire requirements of this
section shall be punishable with a fine not exceeding five hundred
dollars.
1. No junk or other Chinese craft, whether licensed or not, shall
leave her anchorage, unless the safety of the vessel (through stress of
weather) shall render it necessary' between the hours of 6 P.m. and AX.
from October to March inclusive, nor between the hours of 7 P.m. and 5
A.M. from April to September inclusive, under a penalty, on conviction
before two Stipendiary Magistrates, not exceeding five hundred dollars,
or the forfeitizre of junk and cargo.
Special hermits or night clearances hitherto grantable under
Ordinance 8 of 18 79, section 38, sub-sections 8 and 9 shall be no longer
allowed, except in the case of Hongkong specially licensed fishing boats.
16. On the colnin into operation. of this Ordinance, eves°y person
having in his possession, custody, or control any opium within the
Colony or its waters shall furnish to the Superintendent an account of all
Permit to Ioc
obtained
aft.er~ard';.
Chinese craft
only to leave
Colonial
waters
between
certain hours.
Holders to
dive account
of stack.
Penalty.
Penalty for
giving false
particulars.
ORDINAN,CE No. 22 of 1887.
Opium (Raw.)
such opium, and in case of chests the numbers and marks on such chests,
and the Superintendent or his deputy shall be at liberty at any time and
5npenntend- as often as he shall think fit, to demand in writing from
every person
ent may
require having any opium in leis possession, custody, or, control, an
account in
account of
stocks. writing of the opium so held at the time of such demand, and in
case of
chests the marks and numbers, and the said Superintendent or his deputy
shall be at liberty at any time, to enter the premises where such opium.
is, and to inspect the same, and any person refusing to give such account,
or without reasonable cause shewn to permit such entry, or giving a false
Penalty. or incorrect account shall be liable, on conviction, to a penalty
not
exceeding five hundred dollars, in addition to any other penalty,which
may be recoverable under the terms and conditions of section 4 of this
Ordinance.
Search nor 17. If any opium is found, on search authorised under this
Ordinance,
`lefiC'eneies' to have been imported contrary to the provisions of this
Ordinance, or to
be missing from the place in which it was stored on importation, or from
the place where, according to the permits, it ought to be found stored,
the person in whose possession such opium so imported may be found, or
in whose name such opium so missing shall have been so stored, shall be
liable, on conviction, to a penalty not exceeding five hundred dollars
for Y
every chest of opium which shall be found to have been so imported, or
to be so missing.
Penalty on 18. If the opium farmer shall- neglect or refuse, or shall
without
farmers. suflicient cause unreasonably delay to do any of the acts or
things
hereinbefore provided and required to be done by him, he shall be liable
to a penalty for each such offence not exceeding five hundred dollars.
19. Every person who shall under the provisions of this Ordinance
make any application, or supply any particulars, return, or account, or
other written statement required by this Ordinance to be made or supplied,
shall sign the same himself, unless he be absent from the Colony or
unable, from sickness, to attend to business, in which case the same may
be signed by his agent for him ; and if any such application, particulars,
return, account, or other statement ,shall be false or incorrect, either
in
whole or in part, to the knowledge of the person so making or supplying
the same, whether the same be signed by himself or by his agent, such
person shall, in every case not otherwise provided for by this Ordinance,
be liable on conviction to a pemalty not exceeding one thousand dollars
ORDINANCE No. 2!t oF 1687:
Opium ('Raw.)
for the first offence, and two thousand for every subsequent offence: and
such agent shall also and in like manner if offending be liable to
penalties
of the like amount.
20. Any Justice of the Peace may , by his warrant directed to any
Police officer, not under the rank of a sergeant, ein ower hizn b day
warrant may
p Y 3' be issued by
or by night to eater and search any dwellinn house, shop, or other build-
~a «f the
paGe.
ing or place, or any ship not being a man-of-war or ship having such
status, lying or being within the waters of the Colony, in any case in
which it shall appear to such Justice of the Peace, upon the oath of any
person, that there is good and sufficient cause to believe that in any
such
dwelling house, shop, or other building or place, or on board any such
ship is concealed or deposited any opium subject to forfeiture under this
Ordinance, or as to which an offence has been committed against any of
the provisions of this Ordinance, and to take possession of any such
opium found to be concealed, or deposited therein, and of the ship in
which the same may be found, and to arrest and take any person, or
persons being in such dwelling house, shop, or other building, or place,
or on board any such ship, in whose possession, custody, or control any'
such opium may be found, or whom the said officer may have good and
sufficient reason 'to suspect to have concealed or deposited therein oz'
thereabouts any such opium, and any officer to whom such warrant shall
be directed may; in case of obstruction or resistance, break open any
PaWerto
outer or inner doors of such dwelling house, shop, or other building, or
break apes
place, and enter thereinto, and forcibly enter such ship, and every -part
thereof, and remove by force any obstruction to such entry, search,
seizure,
and removal as aforesaid, and may detain every person found in such May
detain.
place until the said place shall have been searched, and all informations
persons.
to be laid and all warrants to be -issued, and all arrests and seizures
to be
made under this Ordinance, lriay be lead or done on, a Sunday as well as
sundays.
on any other, day.
21. Exise officers duly appointed under the principal Ordinance
shall be deemed to be excise officers for the purposes of dais Ordinance,
anal shall have the like powers, duties, rights and liabilities with
reference
to opium under this Ordinance as they have with reference to prepared
opium under the principal Ordinance.
22. It shall be lawful for any police or excise officer ,to arrest
Search
When BatdS-
fied on oath
that there is
gaol cause.
Officer may
take posses-
sion af articles
:Found.
Excise
officers,
appointment:
of.
Arrest .:
without warrant any person ~ ithin the Colony whom he reasonably ~ x~a, t
-0
2175
Searching
Sugpcnclin g clause,
ORDINANCE =No. 22 of 188 i .
Opium (.Raw.)
suspects to be conveying or to have concealed on his person any opium:
in contravention of the requirements of this Ordinance and to take him
before ~a Magistrate to be dealt with according to law.
23. It shall be lawful for any inspector of Police or an excise
officer, having reasonable ground for believing that there is opium in
any ship within the waters of the Colony in contravention of the provis-
ions of this Ordinance (such ship not being a ship of war or vessel
having such status) to proceed without warrant on board such ship, and
search for such opium, and seize any 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 v AZa,'istrate,
to
be dealt with accordin to law.
;
24. This Ordinance shall coma into operation. on a day to be pro-
clailned by the Governor.
SCHEDULES.
CA. )
Bill of Particulars.
To the Superintendent of Imports and Exports,
Sir,
Hongkong.
Please issue a permit to land from the
chests of opium, numbered and marked as below.
which, arrived on
To be landed on at wharf and stored at
(go-clown or shop or house)..
Date,
.permit to Land.
is authorised
to land from the
chests of opium with
numbers arid marks as noted below, and is authorised to store
the saime in the (godown, shop or house) of
at
Superintendent.
Importer.
Sir,
the
ORDINANCE No. 22 OF 1887.
Opium (Rrczr.)
Application to .Exp3rt.
To the Superintendent of Imports and Exports.
Please issue a permit to export by
chests of opium, numbered and marked as below, on
day of 18 , to destination
the said opium having been purchased by me from in whose (godown,
house or shop) it is now stored (or the same being now stored in my
godown, shop or
house) at
or sold by me to
who is desirous of exporting it.
Penzit to Expo~t.
to
chaste of
opium, marked and numbered as below, on the
having been purchased by the exporter from
and now stored in
situated at
and sold to
who is required to export in terms of this hermit.
Bate,
Application to remove.
To the Superintendent of Imports and Exports.
Please issue a permit for the removal of
numbered and rnarl;ed as below, from
the possession of G.H. to the custody or possession of J.K.
Time of removal,
2177
is authorised to export by
Superintendent.
chests of (Malwa) opium,
and from the custody and in
Owner or Shipper or Pug°chaser.
Ordinance No. 22 of 1887.
Opium (Raw.)
(F.)
Removal Permit.
A.B. is, authorised to move chests of (Benares)
opium, marked and numbered as below, from
and from the custody or possession of G.I3. to the custody or
possession of J.K.
Superintendent.
[In force,from 1st Jtwe, 1887, under proclamation 28th, May, 1887.]
2170
Construction.
[* No. 1 of 1884.]
Interpretation.
2171
Import of opium less than one chest prohibited.
Sale of opium in quantities less than one chest.
Sale certificates granted by licensees.
What persons may have opium in quantities less than one chest.
Register to be kept by licensees.
2172
Penalties.
Permits for landing of chests of opium.
Movement and export of chests of opium.
Removal and transhipment of opium.
2173
Steamers arriving out of office hours.
Permit to be obtained afterwards.
Penalty.
Forfeiture.
Register to be kept by importer.
Chinese craft only to leave Colonial waters between certain hours.
Holders to give account of stocks.
2174
Superintendent may require account of stocks.
Penalty.
Search for deficiencies.
Penalty.
Penalty on farmers.
Penalty for giving false particulars.
2175
Search warrant may be issued by Justice of the Peace.
When satisfied on oath that there is good cause.
Officer may take possession of articles found.
Power to break open doors.
May detain persons.
Sundays.
Excise officers, appointment of.
Arrest without warrant.
2176
Searching ships.
Suspending clause.
2178
No. 22 of 1887.
An Ordinance for the better regulating of the trade in Opium.
[27th May, 1887.]
1~HERLt'1S it is expedient to regulate and con'trol the movement of'
raw opium within the Colony and the waters thereof: Be it
=enacted by the Governor of Honakonw, with the advice of the Legislative
Council thereof, as follows :-
constrtl°t.i°,1. 1. This Ordinance and the Opium -Ordinance of 1884,E
hereinafter
[*nr6. j qf called the principal Ordinance, shall be construed together as
one Ordi-
xss4'] nance to be called The Opium Ordinances 1884 and 1887.
tnt°i~or,~- 2. Opizcn2 in this Ordinance means raw, crude, or unprepared
opium.
I '`°'' Chest of odium means the package, with the opium therein, such-
0
as is usually imported by merchants in the Colony.
Ship in this Ordinance and in the principal Ordinance shall be
construed so as to include any steam-vessel, junk, boat,_
sampan, or any hind of craft used for conveyance of persons.
oh thins by water.
ORDINANCE -No. 22 oF 1887.
Opium (Raw.)
3, No person shall bring into the Colony or the waters - thereof, or
receive therein opium in quantities less than one chest so brought into
the Colony or its waters. -
4. It shall be lawful for the Colonial Treasurer on such terms and
conditions as may be approved by the Governor in Council, to grant
licences fir the sale of opium intended for export in quantities less than
one chest, and no person except the holders of such licences shall be
permitted to sell or barter within the Colony or its waters opium in
quantities less than one chest. The purchase, sale, or barter of
quantities
less than one ball of Bengal opium or three cattier of Malwa, Persian, or
Turkish opium is hereby forbidden.
lj. It shall be the duty of holders of licences to attach to all parcels
of opium sold by them in quantities less than one chest, a certificate in
she following form : ---
Date,
No.
Sold this day to
balls Bengal,
to be exported by him to
per snip
cattier Malwa or
This certificate shall not be valid after noon of the
188
Chop.
6. No person except the opium farmer or the licensed retail dealers
shall have in his possession or under his custody or, control opium in
quantities less than one chest without a certificate of purchase from a
licen-
see except he can show to the satisfaction of a Manistrate :--
(cz.) That the said opium is covered by a certificate of one of
the licensees. ''
(b.) That he has received it under an official export permit.
Provided always that it shall be in the absolute discre-
tion of the officer charged with issuing export permits
to grant or withhold the same, and that this section shall
not apply to samples not, exceeding two taels covered by
a certificate of the importer.
7. It shall be the duty of the licensees to keep a register of the
Register to be. particulars of purchase,and sale in~such form as the
Governor may from kept yes:
tune to time order.
2171-
Tanport of
=lesg
ne
chest
prohibited.
Sale rof opium
in quantities
less than one
chest.
Sale certifi-
cates grantcKI
by licensee.
What persons
may have
opium in
quantities
less than oue
chest.
Penalties.
Pei' mirs Fox
landing of
ehesta of
opium.
vrovement.
and export of
.cheats of
opium.
acted upon until it is so signed.
reTYlOViI.I a CZ
i.l :x,11 sh l pYY1G'~t
~of opium I.
OPLDIIITANCE No. 22 of 1887.
Opium ( law.)
$. Any person offending against the provisions of sections 3, 4 and
E shall, on conviction before a Magistrate, be liable to a fine not
exceeding
one thousand dollars and the forfeiture of the opium or in default
imprisonment with or without hard labour for a period not exceeding
three months, or the Magistrate may order a, period of imprisonment with
or without hard labour in lieu of a portion of the fine, provided the
whole
imprisonment do not emceed six -months; and notw ithstanding the penalty
for the breach of conditions to which licensees are subject, it shall be
lawful for a Magistrate to impose on 'a licensee a penalty not exceeding
five hundred dollars for a breach of any such conditions in case it may
not be deemed advisable to proceed for the full penalty under the
licensee's
bond.
9, Every person importing into the Colony any opium shall forth-
with report the same to an officer to be appointed by the governor to be
named the Superintendent of Imports and Exports, hereinafter called the
Superintendent, giving the number of chests, and shall, before landing
such opium or any hart thereof, send or cause to be sent to such Super-
intendcnt a requisition in the fog°m of schedule <d. giving the
particulars
therein required, whereupon the Superintendent shall furnish a permit in
the form of schedule .l3 authorising the opium to be landed and stored,
and such permit shall be exhibited to the opium farmer or his agent and
shall be signed by him or his agent and shall not be used or acted upon
until it is so signed.
10. Every person moving opium for exportation in chests shall,
before doing so, send to the Superintendent a requisition in form of
schedule C furnishing the particulars therein required, whereupon the
Superintendent shall grant an export permit in the form of schedule D
authorising the said opium to be exporled. The owner or shipper shall
cause such permit to be exhibited to the opium farmer or his agent, and
such permit shall be signed by him or his agent, and shall not be used or
11. Every person moving a chest or chests of ohiumpfrom one place
to another within the Colony or transhipping such chest or chests within
the waters thereof shall before doing so, furnish to the Superintendent a
requisition properly fillein the form of schedule F, whereupon the
Superintendent shall furnish a peimit in the for°m of schedule F
authorising
the transhipment or removal of the said opium, which permit shall be
ORDINANCE No. 22 or 1887.
Opium (Rctiv.)
exhibited to the opium. farmer-or his agent, and shale be signed by him
or his agent, and shall not be used or acted upon until it has been so
signed.
12. In the event of the arrival at or departure from the Colony of steamei-s
arriving out
any steamer carrying opium when the Superintendent's office is closed of
offiGehour,..
o' may be closed before; application for a permit can be Made, it shall be
lawful for the agent of such steamer to land or ship any opium without
a permit, and to deliver any opium so landed to the owner or consignees
thereof, or to keep the sanzL ire his own custody, but so soon thereafter
as the Superintendent's otlicc is opened the said went shall apply for
the necessary permit, and furnish tile particulars requisite.
13. Any person offending against or not complying with any of tile
z7enalt,y.
provisions of sections J, 1(), 11, 1 2 shall be liable on conviction to a
penalty not exceeding five hundred dollars, and any opium imported or
n,o,.feitll,.~.
exported or stored or moved or attempted to be imported or exported or
stored or moved contrary to the provisions of the foregoing sections
.shall
be seized and may be forfeited.
1$. Every importer of opium shall keep a register sheering the Register
t~,
number of chests imported by him and how and to whom it `vas disposed
bnlko kept
of. AIarhs and Government numbers in the case of the Bengal drug shall
be given, and such other marks, or numbers in the case of other sorts of
opium as the Superintendent may require to be placed upon it.
Every offence for lion-compliance with tire requirements of this
section shall be punishable with a fine not exceeding five hundred
dollars.
1. No junk or other Chinese craft, whether licensed or not, shall
leave her anchorage, unless the safety of the vessel (through stress of
weather) shall render it necessary' between the hours of 6 P.m. and AX.
from October to March inclusive, nor between the hours of 7 P.m. and 5
A.M. from April to September inclusive, under a penalty, on conviction
before two Stipendiary Magistrates, not exceeding five hundred dollars,
or the forfeitizre of junk and cargo.
Special hermits or night clearances hitherto grantable under
Ordinance 8 of 18 79, section 38, sub-sections 8 and 9 shall be no longer
allowed, except in the case of Hongkong specially licensed fishing boats.
16. On the colnin into operation. of this Ordinance, eves°y person
having in his possession, custody, or control any opium within the
Colony or its waters shall furnish to the Superintendent an account of all
Permit to Ioc
obtained
aft.er~ard';.
Chinese craft
only to leave
Colonial
waters
between
certain hours.
Holders to
dive account
of stack.
Penalty.
Penalty for
giving false
particulars.
ORDINAN,CE No. 22 of 1887.
Opium (Raw.)
such opium, and in case of chests the numbers and marks on such chests,
and the Superintendent or his deputy shall be at liberty at any time and
5npenntend- as often as he shall think fit, to demand in writing from
every person
ent may
require having any opium in leis possession, custody, or, control, an
account in
account of
stocks. writing of the opium so held at the time of such demand, and in
case of
chests the marks and numbers, and the said Superintendent or his deputy
shall be at liberty at any time, to enter the premises where such opium.
is, and to inspect the same, and any person refusing to give such account,
or without reasonable cause shewn to permit such entry, or giving a false
Penalty. or incorrect account shall be liable, on conviction, to a penalty
not
exceeding five hundred dollars, in addition to any other penalty,which
may be recoverable under the terms and conditions of section 4 of this
Ordinance.
Search nor 17. If any opium is found, on search authorised under this
Ordinance,
`lefiC'eneies' to have been imported contrary to the provisions of this
Ordinance, or to
be missing from the place in which it was stored on importation, or from
the place where, according to the permits, it ought to be found stored,
the person in whose possession such opium so imported may be found, or
in whose name such opium so missing shall have been so stored, shall be
liable, on conviction, to a penalty not exceeding five hundred dollars
for Y
every chest of opium which shall be found to have been so imported, or
to be so missing.
Penalty on 18. If the opium farmer shall- neglect or refuse, or shall
without
farmers. suflicient cause unreasonably delay to do any of the acts or
things
hereinbefore provided and required to be done by him, he shall be liable
to a penalty for each such offence not exceeding five hundred dollars.
19. Every person who shall under the provisions of this Ordinance
make any application, or supply any particulars, return, or account, or
other written statement required by this Ordinance to be made or supplied,
shall sign the same himself, unless he be absent from the Colony or
unable, from sickness, to attend to business, in which case the same may
be signed by his agent for him ; and if any such application, particulars,
return, account, or other statement ,shall be false or incorrect, either
in
whole or in part, to the knowledge of the person so making or supplying
the same, whether the same be signed by himself or by his agent, such
person shall, in every case not otherwise provided for by this Ordinance,
be liable on conviction to a pemalty not exceeding one thousand dollars
ORDINANCE No. 2!t oF 1687:
Opium ('Raw.)
for the first offence, and two thousand for every subsequent offence: and
such agent shall also and in like manner if offending be liable to
penalties
of the like amount.
20. Any Justice of the Peace may , by his warrant directed to any
Police officer, not under the rank of a sergeant, ein ower hizn b day
warrant may
p Y 3' be issued by
or by night to eater and search any dwellinn house, shop, or other build-
~a «f the
paGe.
ing or place, or any ship not being a man-of-war or ship having such
status, lying or being within the waters of the Colony, in any case in
which it shall appear to such Justice of the Peace, upon the oath of any
person, that there is good and sufficient cause to believe that in any
such
dwelling house, shop, or other building or place, or on board any such
ship is concealed or deposited any opium subject to forfeiture under this
Ordinance, or as to which an offence has been committed against any of
the provisions of this Ordinance, and to take possession of any such
opium found to be concealed, or deposited therein, and of the ship in
which the same may be found, and to arrest and take any person, or
persons being in such dwelling house, shop, or other building, or place,
or on board any such ship, in whose possession, custody, or control any'
such opium may be found, or whom the said officer may have good and
sufficient reason 'to suspect to have concealed or deposited therein oz'
thereabouts any such opium, and any officer to whom such warrant shall
be directed may; in case of obstruction or resistance, break open any
PaWerto
outer or inner doors of such dwelling house, shop, or other building, or
break apes
place, and enter thereinto, and forcibly enter such ship, and every -part
thereof, and remove by force any obstruction to such entry, search,
seizure,
and removal as aforesaid, and may detain every person found in such May
detain.
place until the said place shall have been searched, and all informations
persons.
to be laid and all warrants to be -issued, and all arrests and seizures
to be
made under this Ordinance, lriay be lead or done on, a Sunday as well as
sundays.
on any other, day.
21. Exise officers duly appointed under the principal Ordinance
shall be deemed to be excise officers for the purposes of dais Ordinance,
anal shall have the like powers, duties, rights and liabilities with
reference
to opium under this Ordinance as they have with reference to prepared
opium under the principal Ordinance.
22. It shall be lawful for any police or excise officer ,to arrest
Search
When BatdS-
fied on oath
that there is
gaol cause.
Officer may
take posses-
sion af articles
:Found.
Excise
officers,
appointment:
of.
Arrest .:
without warrant any person ~ ithin the Colony whom he reasonably ~ x~a, t
-0
2175
Searching
Sugpcnclin g clause,
ORDINANCE =No. 22 of 188 i .
Opium (.Raw.)
suspects to be conveying or to have concealed on his person any opium:
in contravention of the requirements of this Ordinance and to take him
before ~a Magistrate to be dealt with according to law.
23. It shall be lawful for any inspector of Police or an excise
officer, having reasonable ground for believing that there is opium in
any ship within the waters of the Colony in contravention of the provis-
ions of this Ordinance (such ship not being a ship of war or vessel
having such status) to proceed without warrant on board such ship, and
search for such opium, and seize any 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 v AZa,'istrate,
to
be dealt with accordin to law.
;
24. This Ordinance shall coma into operation. on a day to be pro-
clailned by the Governor.
SCHEDULES.
CA. )
Bill of Particulars.
To the Superintendent of Imports and Exports,
Sir,
Hongkong.
Please issue a permit to land from the
chests of opium, numbered and marked as below.
which, arrived on
To be landed on at wharf and stored at
(go-clown or shop or house)..
Date,
.permit to Land.
is authorised
to land from the
chests of opium with
numbers arid marks as noted below, and is authorised to store
the saime in the (godown, shop or house) of
at
Superintendent.
Importer.
Sir,
the
ORDINANCE No. 22 OF 1887.
Opium (Rrczr.)
Application to .Exp3rt.
To the Superintendent of Imports and Exports.
Please issue a permit to export by
chests of opium, numbered and marked as below, on
day of 18 , to destination
the said opium having been purchased by me from in whose (godown,
house or shop) it is now stored (or the same being now stored in my
godown, shop or
house) at
or sold by me to
who is desirous of exporting it.
Penzit to Expo~t.
to
chaste of
opium, marked and numbered as below, on the
having been purchased by the exporter from
and now stored in
situated at
and sold to
who is required to export in terms of this hermit.
Bate,
Application to remove.
To the Superintendent of Imports and Exports.
Please issue a permit for the removal of
numbered and rnarl;ed as below, from
the possession of G.H. to the custody or possession of J.K.
Time of removal,
2177
is authorised to export by
Superintendent.
chests of (Malwa) opium,
and from the custody and in
Owner or Shipper or Pug°chaser.
Ordinance No. 22 of 1887.
Opium (Raw.)
(F.)
Removal Permit.
A.B. is, authorised to move chests of (Benares)
opium, marked and numbered as below, from
and from the custody or possession of G.I3. to the custody or
possession of J.K.
Superintendent.
[In force,from 1st Jtwe, 1887, under proclamation 28th, May, 1887.]
2170
Construction.
[* No. 1 of 1884.]
Interpretation.
2171
Import of opium less than one chest prohibited.
Sale of opium in quantities less than one chest.
Sale certificates granted by licensees.
What persons may have opium in quantities less than one chest.
Register to be kept by licensees.
2172
Penalties.
Permits for landing of chests of opium.
Movement and export of chests of opium.
Removal and transhipment of opium.
2173
Steamers arriving out of office hours.
Permit to be obtained afterwards.
Penalty.
Forfeiture.
Register to be kept by importer.
Chinese craft only to leave Colonial waters between certain hours.
Holders to give account of stocks.
2174
Superintendent may require account of stocks.
Penalty.
Search for deficiencies.
Penalty.
Penalty on farmers.
Penalty for giving false particulars.
2175
Search warrant may be issued by Justice of the Peace.
When satisfied on oath that there is good cause.
Officer may take possession of articles found.
Power to break open doors.
May detain persons.
Sundays.
Excise officers, appointment of.
Arrest without warrant.
2176
Searching ships.
Suspending clause.
2178
Abstract
2170
Construction.
[* No. 1 of 1884.]
Interpretation.
2171
Import of opium less than one chest prohibited.
Sale of opium in quantities less than one chest.
Sale certificates granted by licensees.
What persons may have opium in quantities less than one chest.
Register to be kept by licensees.
2172
Penalties.
Permits for landing of chests of opium.
Movement and export of chests of opium.
Removal and transhipment of opium.
2173
Steamers arriving out of office hours.
Permit to be obtained afterwards.
Penalty.
Forfeiture.
Register to be kept by importer.
Chinese craft only to leave Colonial waters between certain hours.
Holders to give account of stocks.
2174
Superintendent may require account of stocks.
Penalty.
Search for deficiencies.
Penalty.
Penalty on farmers.
Penalty for giving false particulars.
2175
Search warrant may be issued by Justice of the Peace.
When satisfied on oath that there is good cause.
Officer may take possession of articles found.
Power to break open doors.
May detain persons.
Sundays.
Excise officers, appointment of.
Arrest without warrant.
2176
Searching ships.
Suspending clause.
2178
Construction.
[* No. 1 of 1884.]
Interpretation.
2171
Import of opium less than one chest prohibited.
Sale of opium in quantities less than one chest.
Sale certificates granted by licensees.
What persons may have opium in quantities less than one chest.
Register to be kept by licensees.
2172
Penalties.
Permits for landing of chests of opium.
Movement and export of chests of opium.
Removal and transhipment of opium.
2173
Steamers arriving out of office hours.
Permit to be obtained afterwards.
Penalty.
Forfeiture.
Register to be kept by importer.
Chinese craft only to leave Colonial waters between certain hours.
Holders to give account of stocks.
2174
Superintendent may require account of stocks.
Penalty.
Search for deficiencies.
Penalty.
Penalty on farmers.
Penalty for giving false particulars.
2175
Search warrant may be issued by Justice of the Peace.
When satisfied on oath that there is good cause.
Officer may take possession of articles found.
Power to break open doors.
May detain persons.
Sundays.
Excise officers, appointment of.
Arrest without warrant.
2176
Searching ships.
Suspending clause.
2178
Identifier
https://oelawhk.lib.hku.hk/items/show/540
Edition
1890
Volume
v4
Cap / Ordinance No.
No. 22 of 1887
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“OPIUM (RAW) ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 23, 2024, https://oelawhk.lib.hku.hk/items/show/540.
