RAW OPIUM ORDINANCE, 1887
Title
RAW OPIUM ORDINANCE, 1887
Description
ORDINANCE No. 9 OF 1887.
Raw Opium
AN ORDINANCE for the better Regulation of the Trade in Opium.
[1st June,1887.]
WHEREAS it is expedient to regulate and control the movement of
raw opium within the Colony and the waters thereof:
BE it therrefoere enacted by the Governor of Hongkong,with the advice
of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Raw Opium Ordinance,1887.
2.In this Ordinance-
'Opium' means raw,crude,or unprepared opium;
'Chest of opium' means the package,with the opium therein,such
as is usually imported by merchants in the Colony;
'Opium Farmer' means the holder for the time being of the ex-
clusive privilege of preparing and selling prepared opium,either
inclusive or exclusive of dross opium;
'Loose opium' means all raw opium found or discovered other-
wise than in a chest full of one quality of raw opium;
'Ship' includes any steam-vessel,junk,boat,sampan,or any kind
of craft used for the conveyance of persons of things by water;
'Steamship' means any vessel propelled by steam.
3.No person shal bring into the Colony or the waters thereof,or
receive therein,any loose opium.
4.-(1.)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 for the sale of opium intended for export in quantities less than
one chest,and no person,except the holder of such a licence,shall be
permitted to sell or barter within the Colony or its waters opium in
quantities less than one chest.
(2.)The purchase,sale,or barter of quantities less than one ball of
Bengal opium or three catties of Malwa,Persian,or Turkish opium is
hereby forbidden.
5.It shall be the duty of the holder of a licence to attach to all parcels
of opium sold by him in quantities less than one chest a certificate in
the Form No.1 in the Schedule to this Ordinance.
6.No person,except the Opium Farmer or a licensed retail dealer,shall
have in his possession or under his custody or control any loose opium
without a certificate of purchase from a licence,unless he can show,to
the satisfaction of a Magistrate,-
(1.)that the said opium is covered by a certificate of one of the
licenses;and
(2.)that he has received it under an official export permit:
Provided always that it shall be in the absolute discretion 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 every licensee to keep a register of the
particulars of purchase and sale,in such form as the Governor may from
time to time order.
8.-(1.)Every person who offends against the provisions of any of
section 3,4,and 6 shall,on summary conviction before a Magistrate,be
liable to a penalty not exceeding one thousand dollars and the forfeiture
of the opium,or the Magistrate may porder a period of imprisonment,with
or without hard labour,in lieu of a portion of the penalty,provided the
whole imprisonment does not exceed six months.
(2.)Notwithstanding the penalty for the breach of conditions to
which a licensee is 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 hand-
ing such opium or any part thereof,send or cause to be sent to the
Superintendent a requistion,in the Form No.2 in the Schedule to this
Ordinance,giving the particulars therein required,whereupon the Super-
intendent shall furnish a permit,in the Form No.3 in the said Schedule,
authorizing the opium to be landed and storedmand 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 has been
so signed.
10.-(1.)Every person moving opium for exportation in chests shall,
before doing so,send to the Superintendent a requistion in the Form
No. 4 in the Schedule to this Ordinance,furnishing the particulars
therein required,whereupon the Superintendent shall grant an export
permit,in the Form No.5 in the said Schedule,authorizing the said
opium to be exported.
(2.)The owner or shipper shall cause such permit to be exhibited to
the Opium Farmer of his agent,and such permit shall be signed by him
or his agent,and shall not used or acted upon until has been so signed.
11.-(1.)The Superintendent shall furnish the master of every ship
carrying opium for export with a memorandum containing the particu-
lars set forth in the Form No.5 in the Schedule to this Ordinance,
anmd no vessel carrying opium shall,subject to the provisions of section
13,depart from the Colony without such memorandum.
(2.)The Superintendent shall also,in the case of a steamship,forward
a duplicate of such memorandum,by post,to the Commissioner,of
Chinese Imperial Maritime Customs at the port of destination,and,in
the case of a junk or steam launch,he shall forward the saud duplicate
memorandum to the Hongkong and Shanghai Banking Corporation at
Hongkong,for transmission to the Commissioner of Chinese Imperial
Maritime Customs controlling the Custins Station through which such
opium is to pass.
12.Every person who moves a chest or chests of opium from one
place to another within the Colony or transships such chest or chests
within the waters thereof shall,before doing so,furnish to the Superin-
tendent a requisition properly filled up,in the Form No.6 in the
Schedule to this Ordinance,whereupon the Superintendent shall furnish
a permit,in the Form No.7 in the said Schedule,authorizing the
removal or transshipment of the said opium,which permit shall be ex-
hibited 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 has been so
signed.
13.In the event of the arrival at or departure from the Colony of
any steamship carrying when the Superintendent's office is closed
or may be closed before application for a permit can be made,it shall be
lawful for the agent of such steamship to land or ship any opium which
is entered on the ship's manifest without a permit,and to deliver any
opium so landed to the owner or concignee thereof or to keep the
same in his own custody,by,so soon thereafter as the Superintendent's
office is opened,the said agent shall apply for the necessary permit and
furnish the requisite particulars.
14.In the event of the departure from the Colony of any steamship
carrying opium,before application for an export permit can be made,
(in the circumstances stated in the last preceding section),the Superin-
tendent shall,on receipt of the requisite particulars,telegraph the same
to the Commissioner of Chinese Imperial Maritime Customs at the port
provided for in section 11 to the said Commissioner.
15.The master of any ship departing from the Colony without the
memorandum required by section 11(except in the case provided for
by section 13)shall,on summary conviction before a Magistrate,be
liable to a penalty not exceeding five hundred dollars.
16.Except as provided in section 13,no removal or movement of
opium whatever under section 10 and 12 shall be allowed between the
hours of 6 p.m. and 6 a.m. from October to March,inclusive,unless
the requisition mentioned in the said sections so states and unless the
Superintednent in his discretion,in and by the permits mentioned in
the said sections,so directs.
17.Every person who offends against or does not comply with any of
the provisions of section 9,10,12,13,and 16 shall,on summary con-
viction before a Magistrate,be liable to a penalty not exceeding five
hundred dollars,and any opium imported,expoted,stored,or moved,contrary to the
provisions of nay of the foregoing sections shall be seized and may be
forfeited.
18.-(1.)Every importer of opium and person storing the same shall
keep a register,in such form as the Governor may require,showing the
number of chests imported or stored by him and how and to whom they
were disposed of.
(2.)Marks and Government numbers in the case of the Bengal frug
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 them.
(3.)Every offence for non-compliance with the requirements of his
section shall be punishable with a penalty not exceeding five hundred
dollars.
19.-(1.)No junk or other Chinese craft,whether licensed or not,shall
leave her anchorage,or leave or attempt to leave the waters of the Colony,
unless the safety of the vessel (through stress of whether) renders it
necessary to do so,between the hours of 6 p.m. and 6 a.m. form October
to March,inclusive,under a penalty,on summary conviction
before a Magistrate,not exceeding five hundred dollars or the forfeiture
of junk and cargo.
(2.)This section shall not apply to any Hongkong fishing boat licensed
under any Ordinance for the time being in ofrce relating to merchant
shipping,provided such boat has obtained a permit from the Harbour
Master allowing it to leave within the hours aforesaid.
20.-(1.)The Superintendent or his deputy shall be at liberty at any
time,and as often as he may think fit,to demand in writing from every
person having any opium in his possession,custody,or control an account
in writing of the opium so held at the time of such demand,and ,in the
case of chests,the marks and numbers,and the Superintendent or his
deputy shall be at liberty at any time to enter the premises where such
opium is and to inspect the same.
(2.)Every person who refuses to give such account or,without rea-
sonable cause shown,to permit such entryor gives a false or incorrect
account,shall,on summary conviction before a Magistrate,be liable to
a penalty not exceeding five hundred dollars,in addition to any other
penalty which may recoverable under the terms and conditions men-
tioned in section 4.
21.If any opium is found,on a search authorized under this Ordinance,
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 permit,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 has been so stored,shall,on sum-
mary conviction before a Magistrate,be liable to a penalty not exceeding
five hundred dollars for every chest of opium which is found to have
been so imported or to be so missing.
22.If the Opium Farmer refuses or neglects,or without sufficient
cause unreasonablw delays,to do any of the acts or things hereinbefore
provided and required to be done by him,he shall,on summary conviction
before a Magistrate,be liable to a penalty for each such offence not ex-
ceeding five hundred dollars.
23.Every person who,under the provisions of this Ordinance,makes
any application or supplies any particulars,return,or account,or other
written statement required by this Ordinance to be made or supplied
shal sign the same himself or by his agent thereunto lawfullu authorized
in writing;and if any such application,particulars,return,account,or
other statement is or are false or incorrect,either in whole or in part,
to the knowledge of the person so making or supplying the same,whe-
ther in same is or are signed by himself or by his agent,such person
shall,in every case not otherwise provided for by this Ordinance,on
summary conviction before a Maggistrate,be liable to a penalty not ex-
ceeding one thousand dollars for the first offence and two thousand
dollars for every subsequent offence;and such agent shall also and in
like manner,if offending,be liable to penalties of the like amount.
24.-(1.)Every person who conceals or secretly places any raw
opium in any part of any steamship shall,on summary conviction before a
Magistrate,be liable to a penalty not exceeding five hundred dollars.
(2.)Any opium concealed or secretly placed as aforesaid shall be
seized,and the Magistrate may,whether any person is charged with or
convicted of any offence under this Ordinance or not,order such opium
to be forfeited.
25.Excise Officers duly appointed under any Ordinance for the time
being in force relating to prepared opium shall be deemed to be Excise
Officers for the purposes of this Ordinance,and shall have the like
powers,protection,duties,rights,and liabilities with reference to opium
under this Ordinance as they have with reference to prepared opium
under the said Ordinance.
26.-(1.)Any Justice of the Peace may,by his warrant directed to
any Police or Excise Officer,empower him by day or by night to enter and
search any dwelling house,shop,or other building or place,or any ship,
not being a ship-of-war or ship having such status,lying or being within
the waters of the Colony,in any case in which it may appear to such
Justice of the Peace,upon the oath of any person,that there is good
and sufficient cause to believe that in such dwelling house,shop,or
other building or place,or on board such ship,is concealed or depo-
sited any opium subject to forfeiture under this Ordinance or as to which
an offence has been comitted against any of the provisions of this
Ordinance,and to take possession of any such opium found to be con-
cealed or deposited therein and of the ship in which the same may be
found,and to arrest and take any person being in such dwelling house,
shop,or other building or place,or on board such ship,in whose posses-
sion,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 or thereabouts any such opium.
(2.)Any officer to whom such warrant is directed may,in case of
obstruction or resistance,break open any outer or inner doors of such
dwelling house,shop,or other building or place,and enter thereto,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 place until the said place
has been searched.
27.It shall be lawful for any Police or Excise Officer to arrest with-
out warrant any person within the Colony whom he reasonably suspects
to be conveying or to have concealed on his person any opium in con-
travention of the requirements of this Ordinance,and to take him before
a Magistrate to be dealt with according to law.
28.It shall be lawful for any Police or Excise Officer,having reason-
able,ground for believing that there is opium in any ship within the
waters of the Colony in contravention of the provisions of this Ordi-
nance (such ship not being a ship-of-war or ship having such status),
to proceed without warrant on board such ship,and search for such
opium,and seize any opium so found;and it shall be lawful for such
officer to take the opium so found,together with the person in whose
custody,possession,or control it may be found,before a Magistrate,to
be dealt with according to law.
29.All informations to be laid,and all warrants to be issued,and all
arrests and seizures to be made under this Ordinance may be had or
done on a Sunday as well as on any other day.
30.-(1.)Except as hereinafter mentioned,no information laid under
this Ordinance shall be admitted in evidence in any civil or criminal
proceeding,and no witness shall be obliged to disclose the name or ad-
dress of any informer or to state any matter which might lead to his dis-
convery,and if any books,documents,or papers which are in evidence
or liable to inspection in any civil or criminal proceeding contain any
entry in which any such informer is named or described or which might
lead to his discovery,the Court or Magistrate shall cause all such pas-
sages to be concealed from view or to be obliterated so far as may be
necessary to protect the informer from discovery,but no further.
(2.)But if,in any proceeding before a Magistrate for any offence
against any provision of this Ordinance,the Magistrate,after full in-
quiry into the case,believes that the informer wilfully made in his in-
formation a material statement which he knew or believed to be false or
did not believe to be true,or if in any other proceeding the Court or
Magistrate is of opinion that justice cannot be fully done between the
partoes thereto without the discovery of the informer,it shall be lawful
for the Court or Magistrate to require the production of the orginal in-
formation,and to permit inquiry and require full disclosure concerning
the informer.
SCHEDULE.
FORMS.
FORM No. 1.
Certificate of Sale.
Date, 1,
No. Sold this day to balls Bengal, catties Malwa or
to be exported by him to per ship
This certificate shall not be valid after noon of the
Chop.
FORM No. 2.
Requistion for Landing.
To the Superintendent of Imports and Exports,Hongkong.
Sir,
Please issue a permit to land from the which arrived on
the day of ,1 , chests of opium,numbered and
marked as below.
To be landed on day,the day of ,1 , at
wharf and stored at[godown,shop,or house].
Dated the day of ,1
(Signed.)
Importer.
FORM No. 3.
Permit to Land.
is authorized to land from the
chests of opium,with numbers and marks as noted below,
and is authorized to store the same in the [godown,shop,or
house] of at
Dated the day of ,1
(Signed.)
Superintendent.
FORM No. 4.
Application to Export.
To the Superintendent of Imports and Exports,Hongkong.
Sir,
Please issue a permit to export by chests of
opium,numbered and marked as below,on day,the
day of ,1 ,to destination ,the said opium having
been purchased by me from in whise [godown,shop, or
house]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.
Dated the day of ,1
(Signed.)
Note.-Except in the case of Bengal opium,the application shall contain
a statement of the weight of the opium in each chest at the time of sale.
FORM No. 5.
Permit to Export.
is authorized to export by
to chests of opium,
marked and numbered as below,on day,the
day of ,1 ,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 permit.
Dated the day of ,1
(Signed.)
Superintendent.
Note.-Except in the case of Bengal opium,the
permit shall contain a statement of the weight of the
opium in each chest at the time of sale.
FORM No. 6.
Application to Remove.
To the Superintendent of Imports and Exports,Hongkong.
Sir,
Please issue a permit for the removal of chests of
opium,numbered and marked as below,from and from the cus-
tody or possession of G.H. to the custody or possession of J.K.
Time of removal.
Dated the day of ,1
(Signed.)
Owner [or Shipper or Purchaser.]
Note.-Except in the case of Bengal opium,the application shall contain a
statement of the weight of the opium in each chest at the time of sale.
FORM No. 7.
Permit to Remove.
A.B. is authorized to move chests of
opium,marked and numbered as below,
from and from the custody or pos-
session of G.H. to the custody or possession of J.K.
Dated the day of ,1
(Signed.)
Superintendent.
Note.-Except in the case of Bengal opium,the
permit shall contain a statement of the weight of the
opium in each chest at the time of sale. A.D. 1887. Ordinance No. 22 of 1887, with Ordinance No. 21 of 1891 s. 44. No. 22 of 1891, No. 21 of 1899, and No. 27 of 1900 incorporated. Short title. Interpretation of terms. Prohibition of importation of opium less than one chest. Licence for sale of opium in quantity less than one chest. Sale certificate to be granted by licensee. Schedule: Form No. 1. Possession of loose opium. Keeping of register by licensee. Penalties. Permit for landing of chests of opium. Schedule: Form No. 2: Form No. 3. Movement and export of chests of opium. Schedule: Form No. 4; Form No. 5. Memorandum of opium exported, and duplicate. Removal and transshipment of opium. Schedule: Form No. 6; Form No. 7. Case of steamship arriving or departing out of office hours. Sending of telegram to Customs where steamship departs without permit. Penalty on master departing with memor- andum. Movements of opium under ss. 10 and 12. Penalty and forfeiture for offence against certain sections. Keeping of register by importer and storer of opium. Prohibition of Chinese craft leaving Colonial waters except between certain hours. See Ordianance No. 10 of 1899. Power to Superintendent to demand from holder of opium account of stock. Search for deficiency of opium. Penalty on Opium Farmer. Penalty for giving false particulars. Penalty for concealing opium on steamship. Excise Officers. See Ordinance. No. 8 of 1891. Issue and execution of search warrant, etc. Arrest without warrant of person conveying opium, etc. Searching of ship. Validity of process on Sunday. Rule as to information and informer. Section 5. Section 9. Section 10. Section 10. Section 12. Section 12.
Raw Opium
AN ORDINANCE for the better Regulation of the Trade in Opium.
[1st June,1887.]
WHEREAS it is expedient to regulate and control the movement of
raw opium within the Colony and the waters thereof:
BE it therrefoere enacted by the Governor of Hongkong,with the advice
of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Raw Opium Ordinance,1887.
2.In this Ordinance-
'Opium' means raw,crude,or unprepared opium;
'Chest of opium' means the package,with the opium therein,such
as is usually imported by merchants in the Colony;
'Opium Farmer' means the holder for the time being of the ex-
clusive privilege of preparing and selling prepared opium,either
inclusive or exclusive of dross opium;
'Loose opium' means all raw opium found or discovered other-
wise than in a chest full of one quality of raw opium;
'Ship' includes any steam-vessel,junk,boat,sampan,or any kind
of craft used for the conveyance of persons of things by water;
'Steamship' means any vessel propelled by steam.
3.No person shal bring into the Colony or the waters thereof,or
receive therein,any loose opium.
4.-(1.)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 for the sale of opium intended for export in quantities less than
one chest,and no person,except the holder of such a licence,shall be
permitted to sell or barter within the Colony or its waters opium in
quantities less than one chest.
(2.)The purchase,sale,or barter of quantities less than one ball of
Bengal opium or three catties of Malwa,Persian,or Turkish opium is
hereby forbidden.
5.It shall be the duty of the holder of a licence to attach to all parcels
of opium sold by him in quantities less than one chest a certificate in
the Form No.1 in the Schedule to this Ordinance.
6.No person,except the Opium Farmer or a licensed retail dealer,shall
have in his possession or under his custody or control any loose opium
without a certificate of purchase from a licence,unless he can show,to
the satisfaction of a Magistrate,-
(1.)that the said opium is covered by a certificate of one of the
licenses;and
(2.)that he has received it under an official export permit:
Provided always that it shall be in the absolute discretion 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 every licensee to keep a register of the
particulars of purchase and sale,in such form as the Governor may from
time to time order.
8.-(1.)Every person who offends against the provisions of any of
section 3,4,and 6 shall,on summary conviction before a Magistrate,be
liable to a penalty not exceeding one thousand dollars and the forfeiture
of the opium,or the Magistrate may porder a period of imprisonment,with
or without hard labour,in lieu of a portion of the penalty,provided the
whole imprisonment does not exceed six months.
(2.)Notwithstanding the penalty for the breach of conditions to
which a licensee is 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 hand-
ing such opium or any part thereof,send or cause to be sent to the
Superintendent a requistion,in the Form No.2 in the Schedule to this
Ordinance,giving the particulars therein required,whereupon the Super-
intendent shall furnish a permit,in the Form No.3 in the said Schedule,
authorizing the opium to be landed and storedmand 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 has been
so signed.
10.-(1.)Every person moving opium for exportation in chests shall,
before doing so,send to the Superintendent a requistion in the Form
No. 4 in the Schedule to this Ordinance,furnishing the particulars
therein required,whereupon the Superintendent shall grant an export
permit,in the Form No.5 in the said Schedule,authorizing the said
opium to be exported.
(2.)The owner or shipper shall cause such permit to be exhibited to
the Opium Farmer of his agent,and such permit shall be signed by him
or his agent,and shall not used or acted upon until has been so signed.
11.-(1.)The Superintendent shall furnish the master of every ship
carrying opium for export with a memorandum containing the particu-
lars set forth in the Form No.5 in the Schedule to this Ordinance,
anmd no vessel carrying opium shall,subject to the provisions of section
13,depart from the Colony without such memorandum.
(2.)The Superintendent shall also,in the case of a steamship,forward
a duplicate of such memorandum,by post,to the Commissioner,of
Chinese Imperial Maritime Customs at the port of destination,and,in
the case of a junk or steam launch,he shall forward the saud duplicate
memorandum to the Hongkong and Shanghai Banking Corporation at
Hongkong,for transmission to the Commissioner of Chinese Imperial
Maritime Customs controlling the Custins Station through which such
opium is to pass.
12.Every person who moves a chest or chests of opium from one
place to another within the Colony or transships such chest or chests
within the waters thereof shall,before doing so,furnish to the Superin-
tendent a requisition properly filled up,in the Form No.6 in the
Schedule to this Ordinance,whereupon the Superintendent shall furnish
a permit,in the Form No.7 in the said Schedule,authorizing the
removal or transshipment of the said opium,which permit shall be ex-
hibited 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 has been so
signed.
13.In the event of the arrival at or departure from the Colony of
any steamship carrying when the Superintendent's office is closed
or may be closed before application for a permit can be made,it shall be
lawful for the agent of such steamship to land or ship any opium which
is entered on the ship's manifest without a permit,and to deliver any
opium so landed to the owner or concignee thereof or to keep the
same in his own custody,by,so soon thereafter as the Superintendent's
office is opened,the said agent shall apply for the necessary permit and
furnish the requisite particulars.
14.In the event of the departure from the Colony of any steamship
carrying opium,before application for an export permit can be made,
(in the circumstances stated in the last preceding section),the Superin-
tendent shall,on receipt of the requisite particulars,telegraph the same
to the Commissioner of Chinese Imperial Maritime Customs at the port
provided for in section 11 to the said Commissioner.
15.The master of any ship departing from the Colony without the
memorandum required by section 11(except in the case provided for
by section 13)shall,on summary conviction before a Magistrate,be
liable to a penalty not exceeding five hundred dollars.
16.Except as provided in section 13,no removal or movement of
opium whatever under section 10 and 12 shall be allowed between the
hours of 6 p.m. and 6 a.m. from October to March,inclusive,unless
the requisition mentioned in the said sections so states and unless the
Superintednent in his discretion,in and by the permits mentioned in
the said sections,so directs.
17.Every person who offends against or does not comply with any of
the provisions of section 9,10,12,13,and 16 shall,on summary con-
viction before a Magistrate,be liable to a penalty not exceeding five
hundred dollars,and any opium imported,expoted,stored,or moved,contrary to the
provisions of nay of the foregoing sections shall be seized and may be
forfeited.
18.-(1.)Every importer of opium and person storing the same shall
keep a register,in such form as the Governor may require,showing the
number of chests imported or stored by him and how and to whom they
were disposed of.
(2.)Marks and Government numbers in the case of the Bengal frug
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 them.
(3.)Every offence for non-compliance with the requirements of his
section shall be punishable with a penalty not exceeding five hundred
dollars.
19.-(1.)No junk or other Chinese craft,whether licensed or not,shall
leave her anchorage,or leave or attempt to leave the waters of the Colony,
unless the safety of the vessel (through stress of whether) renders it
necessary to do so,between the hours of 6 p.m. and 6 a.m. form October
to March,inclusive,under a penalty,on summary conviction
before a Magistrate,not exceeding five hundred dollars or the forfeiture
of junk and cargo.
(2.)This section shall not apply to any Hongkong fishing boat licensed
under any Ordinance for the time being in ofrce relating to merchant
shipping,provided such boat has obtained a permit from the Harbour
Master allowing it to leave within the hours aforesaid.
20.-(1.)The Superintendent or his deputy shall be at liberty at any
time,and as often as he may think fit,to demand in writing from every
person having any opium in his possession,custody,or control an account
in writing of the opium so held at the time of such demand,and ,in the
case of chests,the marks and numbers,and the Superintendent or his
deputy shall be at liberty at any time to enter the premises where such
opium is and to inspect the same.
(2.)Every person who refuses to give such account or,without rea-
sonable cause shown,to permit such entryor gives a false or incorrect
account,shall,on summary conviction before a Magistrate,be liable to
a penalty not exceeding five hundred dollars,in addition to any other
penalty which may recoverable under the terms and conditions men-
tioned in section 4.
21.If any opium is found,on a search authorized under this Ordinance,
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 permit,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 has been so stored,shall,on sum-
mary conviction before a Magistrate,be liable to a penalty not exceeding
five hundred dollars for every chest of opium which is found to have
been so imported or to be so missing.
22.If the Opium Farmer refuses or neglects,or without sufficient
cause unreasonablw delays,to do any of the acts or things hereinbefore
provided and required to be done by him,he shall,on summary conviction
before a Magistrate,be liable to a penalty for each such offence not ex-
ceeding five hundred dollars.
23.Every person who,under the provisions of this Ordinance,makes
any application or supplies any particulars,return,or account,or other
written statement required by this Ordinance to be made or supplied
shal sign the same himself or by his agent thereunto lawfullu authorized
in writing;and if any such application,particulars,return,account,or
other statement is or are false or incorrect,either in whole or in part,
to the knowledge of the person so making or supplying the same,whe-
ther in same is or are signed by himself or by his agent,such person
shall,in every case not otherwise provided for by this Ordinance,on
summary conviction before a Maggistrate,be liable to a penalty not ex-
ceeding one thousand dollars for the first offence and two thousand
dollars for every subsequent offence;and such agent shall also and in
like manner,if offending,be liable to penalties of the like amount.
24.-(1.)Every person who conceals or secretly places any raw
opium in any part of any steamship shall,on summary conviction before a
Magistrate,be liable to a penalty not exceeding five hundred dollars.
(2.)Any opium concealed or secretly placed as aforesaid shall be
seized,and the Magistrate may,whether any person is charged with or
convicted of any offence under this Ordinance or not,order such opium
to be forfeited.
25.Excise Officers duly appointed under any Ordinance for the time
being in force relating to prepared opium shall be deemed to be Excise
Officers for the purposes of this Ordinance,and shall have the like
powers,protection,duties,rights,and liabilities with reference to opium
under this Ordinance as they have with reference to prepared opium
under the said Ordinance.
26.-(1.)Any Justice of the Peace may,by his warrant directed to
any Police or Excise Officer,empower him by day or by night to enter and
search any dwelling house,shop,or other building or place,or any ship,
not being a ship-of-war or ship having such status,lying or being within
the waters of the Colony,in any case in which it may appear to such
Justice of the Peace,upon the oath of any person,that there is good
and sufficient cause to believe that in such dwelling house,shop,or
other building or place,or on board such ship,is concealed or depo-
sited any opium subject to forfeiture under this Ordinance or as to which
an offence has been comitted against any of the provisions of this
Ordinance,and to take possession of any such opium found to be con-
cealed or deposited therein and of the ship in which the same may be
found,and to arrest and take any person being in such dwelling house,
shop,or other building or place,or on board such ship,in whose posses-
sion,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 or thereabouts any such opium.
(2.)Any officer to whom such warrant is directed may,in case of
obstruction or resistance,break open any outer or inner doors of such
dwelling house,shop,or other building or place,and enter thereto,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 place until the said place
has been searched.
27.It shall be lawful for any Police or Excise Officer to arrest with-
out warrant any person within the Colony whom he reasonably suspects
to be conveying or to have concealed on his person any opium in con-
travention of the requirements of this Ordinance,and to take him before
a Magistrate to be dealt with according to law.
28.It shall be lawful for any Police or Excise Officer,having reason-
able,ground for believing that there is opium in any ship within the
waters of the Colony in contravention of the provisions of this Ordi-
nance (such ship not being a ship-of-war or ship having such status),
to proceed without warrant on board such ship,and search for such
opium,and seize any opium so found;and it shall be lawful for such
officer to take the opium so found,together with the person in whose
custody,possession,or control it may be found,before a Magistrate,to
be dealt with according to law.
29.All informations to be laid,and all warrants to be issued,and all
arrests and seizures to be made under this Ordinance may be had or
done on a Sunday as well as on any other day.
30.-(1.)Except as hereinafter mentioned,no information laid under
this Ordinance shall be admitted in evidence in any civil or criminal
proceeding,and no witness shall be obliged to disclose the name or ad-
dress of any informer or to state any matter which might lead to his dis-
convery,and if any books,documents,or papers which are in evidence
or liable to inspection in any civil or criminal proceeding contain any
entry in which any such informer is named or described or which might
lead to his discovery,the Court or Magistrate shall cause all such pas-
sages to be concealed from view or to be obliterated so far as may be
necessary to protect the informer from discovery,but no further.
(2.)But if,in any proceeding before a Magistrate for any offence
against any provision of this Ordinance,the Magistrate,after full in-
quiry into the case,believes that the informer wilfully made in his in-
formation a material statement which he knew or believed to be false or
did not believe to be true,or if in any other proceeding the Court or
Magistrate is of opinion that justice cannot be fully done between the
partoes thereto without the discovery of the informer,it shall be lawful
for the Court or Magistrate to require the production of the orginal in-
formation,and to permit inquiry and require full disclosure concerning
the informer.
SCHEDULE.
FORMS.
FORM No. 1.
Certificate of Sale.
Date, 1,
No. Sold this day to balls Bengal, catties Malwa or
to be exported by him to per ship
This certificate shall not be valid after noon of the
Chop.
FORM No. 2.
Requistion for Landing.
To the Superintendent of Imports and Exports,Hongkong.
Sir,
Please issue a permit to land from the which arrived on
the day of ,1 , chests of opium,numbered and
marked as below.
To be landed on day,the day of ,1 , at
wharf and stored at[godown,shop,or house].
Dated the day of ,1
(Signed.)
Importer.
FORM No. 3.
Permit to Land.
is authorized to land from the
chests of opium,with numbers and marks as noted below,
and is authorized to store the same in the [godown,shop,or
house] of at
Dated the day of ,1
(Signed.)
Superintendent.
FORM No. 4.
Application to Export.
To the Superintendent of Imports and Exports,Hongkong.
Sir,
Please issue a permit to export by chests of
opium,numbered and marked as below,on day,the
day of ,1 ,to destination ,the said opium having
been purchased by me from in whise [godown,shop, or
house]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.
Dated the day of ,1
(Signed.)
Note.-Except in the case of Bengal opium,the application shall contain
a statement of the weight of the opium in each chest at the time of sale.
FORM No. 5.
Permit to Export.
is authorized to export by
to chests of opium,
marked and numbered as below,on day,the
day of ,1 ,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 permit.
Dated the day of ,1
(Signed.)
Superintendent.
Note.-Except in the case of Bengal opium,the
permit shall contain a statement of the weight of the
opium in each chest at the time of sale.
FORM No. 6.
Application to Remove.
To the Superintendent of Imports and Exports,Hongkong.
Sir,
Please issue a permit for the removal of chests of
opium,numbered and marked as below,from and from the cus-
tody or possession of G.H. to the custody or possession of J.K.
Time of removal.
Dated the day of ,1
(Signed.)
Owner [or Shipper or Purchaser.]
Note.-Except in the case of Bengal opium,the application shall contain a
statement of the weight of the opium in each chest at the time of sale.
FORM No. 7.
Permit to Remove.
A.B. is authorized to move chests of
opium,marked and numbered as below,
from and from the custody or pos-
session of G.H. to the custody or possession of J.K.
Dated the day of ,1
(Signed.)
Superintendent.
Note.-Except in the case of Bengal opium,the
permit shall contain a statement of the weight of the
opium in each chest at the time of sale. A.D. 1887. Ordinance No. 22 of 1887, with Ordinance No. 21 of 1891 s. 44. No. 22 of 1891, No. 21 of 1899, and No. 27 of 1900 incorporated. Short title. Interpretation of terms. Prohibition of importation of opium less than one chest. Licence for sale of opium in quantity less than one chest. Sale certificate to be granted by licensee. Schedule: Form No. 1. Possession of loose opium. Keeping of register by licensee. Penalties. Permit for landing of chests of opium. Schedule: Form No. 2: Form No. 3. Movement and export of chests of opium. Schedule: Form No. 4; Form No. 5. Memorandum of opium exported, and duplicate. Removal and transshipment of opium. Schedule: Form No. 6; Form No. 7. Case of steamship arriving or departing out of office hours. Sending of telegram to Customs where steamship departs without permit. Penalty on master departing with memor- andum. Movements of opium under ss. 10 and 12. Penalty and forfeiture for offence against certain sections. Keeping of register by importer and storer of opium. Prohibition of Chinese craft leaving Colonial waters except between certain hours. See Ordianance No. 10 of 1899. Power to Superintendent to demand from holder of opium account of stock. Search for deficiency of opium. Penalty on Opium Farmer. Penalty for giving false particulars. Penalty for concealing opium on steamship. Excise Officers. See Ordinance. No. 8 of 1891. Issue and execution of search warrant, etc. Arrest without warrant of person conveying opium, etc. Searching of ship. Validity of process on Sunday. Rule as to information and informer. Section 5. Section 9. Section 10. Section 10. Section 12. Section 12.
Abstract
A.D. 1887. Ordinance No. 22 of 1887, with Ordinance No. 21 of 1891 s. 44. No. 22 of 1891, No. 21 of 1899, and No. 27 of 1900 incorporated. Short title. Interpretation of terms. Prohibition of importation of opium less than one chest. Licence for sale of opium in quantity less than one chest. Sale certificate to be granted by licensee. Schedule: Form No. 1. Possession of loose opium. Keeping of register by licensee. Penalties. Permit for landing of chests of opium. Schedule: Form No. 2: Form No. 3. Movement and export of chests of opium. Schedule: Form No. 4; Form No. 5. Memorandum of opium exported, and duplicate. Removal and transshipment of opium. Schedule: Form No. 6; Form No. 7. Case of steamship arriving or departing out of office hours. Sending of telegram to Customs where steamship departs without permit. Penalty on master departing with memor- andum. Movements of opium under ss. 10 and 12. Penalty and forfeiture for offence against certain sections. Keeping of register by importer and storer of opium. Prohibition of Chinese craft leaving Colonial waters except between certain hours. See Ordianance No. 10 of 1899. Power to Superintendent to demand from holder of opium account of stock. Search for deficiency of opium. Penalty on Opium Farmer. Penalty for giving false particulars. Penalty for concealing opium on steamship. Excise Officers. See Ordinance. No. 8 of 1891. Issue and execution of search warrant, etc. Arrest without warrant of person conveying opium, etc. Searching of ship. Validity of process on Sunday. Rule as to information and informer. Section 5. Section 9. Section 10. Section 10. Section 12. Section 12.
Identifier
https://oelawhk.lib.hku.hk/items/show/638
Edition
1901
Volume
v1
Subsequent Cap No.
134
Cap / Ordinance No.
No. 9 of 1887
Number of Pages
9
Files
Collection
Historical Laws of Hong Kong Online
Citation
“RAW OPIUM ORDINANCE, 1887,” Historical Laws of Hong Kong Online, accessed April 22, 2025, https://oelawhk.lib.hku.hk/items/show/638.
