PREPARED OPIUM ORDINANCE, 1891
Title
PREPARED OPIUM ORDINANCE, 1891
Description
ORDINANCE No. 8 OF 1891.
Prepared Opium
AN ORDINANCE to amend the Law relating to the
Preparation of Opium.
[28th December,1891.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Prepared Opium Ordinance,
1891.
2.In this Ordinance,unless the context otherwise requires,-
'The Colony' includes the waters thereof:
'Excise Officer' means any person appointed under the Ordinances
hereby repealed and continued under this Ordinance or any person
appointed by the Governor under this Ordinance as an Excise
Officer:
'Farm' means any exclusive privilege granted under this Ordinance:
'Farmer' means any holder for the time being of any such exclusive
privilege:
'Opium' includes dross and dross opium:
'Prepared Opium,' so far as relates to the infringement of the
Opium Farmer's privilege of preparing opium within the Colony,
means opium which has been subjected to any degree of artificial
heat for any purpose whatever,and includes dross opium whenever
such a construction is consistent with the context:
'Dross' means the refuse produced by smoking opium,and 'Dross
Opium' means opium prepared wholly or chiefly from such refuse:
'Opium Divan' includes any house,room,or other place-
(1.)used for the sale of prepared opium or dross to be
smoked on the premises;or
(2.)used for the smoking of prepared opium or
dross opiu where a fee or its equivalent is charged,or the
dross resulting from such smoking is retained by or on behalf
of the keeper for his benefit:
'Opium Farmer' means the holder for the time being of the
exclusive privilege of preparing and selling prepared opium,either
inclusive or exclusive of dross opium:
'Dross Farmer' means the holder,if any,for the time being of the
exclusive privilege of collecting and purchasing dross and preparing
and dealing in dross opium:
'Divan Farmer' means the holder,if any,for the time being of the exclusive privilege of opening,carrying on ,or licensing any
class of opium 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 person licensed for the purpose by
the Governor-in-Council,were expressly named instead of the opium
farmer,or as if the Colonial Secretary,or any person licensed for
the purpose by the Colonial Secretary,were expressly named unstead
of the dross farmer,or the divan farmer,or either of them.And
payment or delivery to the Colonial Treasurer,for the use of the
public revenue,or to an Excise Officer for the same purpose,shall in
all such cases be taken to be payment or delivery to such farmer
under this Ordinance:
'Implement' means any vessle,utensil,instrument,or other thing
which has been used,or which is probably intended to be used ,for
containing prepared opium,or for preparing or aiding in preparing
any opium,or for smoking opium:
Any opium,implement,or other thing shall,for the purposes of this
Ordinance,be deemed to be in the possession of any person if he
has such opium,implement,or thing in possession,custody,or
control,by himself or by any other person:
The subjecting of opium of any kind to any degree of artificial heat,
for any purpose whatever,shall be taken to be the preparing of such
opium:
'Ship' means any steam or sailing vessel,junk,boat,sampan,or
any kind of craft used for the conveyance of persons or things by
water,or which may be so used:
'Summary Conviction' means a conviction before a Police
Magistrate of the Colony.
Excise Officers.
3.-(1.)All existing Excise Officers appointed under the Ordinances
hereby repealed shall be continued under this Ordinance.
(2.)The Governor may from time to time appoint,in the Form No.1
in the Schedule to this Ordinance,such other agents or servants of the
Opium Farmer or other persons as may be approved of by him to act as
Excise Officers under this Ordinance.
(3.)Any such appointment may at any time be withdrawn by the
Governor.
4.Every person who assumes,without lawful authority,to act as
an Excise Officer shall,on summary conviction,be liable to a penalty
not exceeding one hundred dollars or,in default,to imprisonment ,with
or without hard labour for any term not exceeding three months. 5.The name and address of every Excise Officer shall be posted in
a conspicuous place at the Police Court.
6.Every Excise Officer shall be supplied with a badge bearing such
sign or mark of office as may be directed by the Governor;and,when
acting against any person under this Ordinance,every Excise Officer
shall declare his office,and produce to the person against whom he acts
his said badge.
7.Every Police officer when acting under this Ordinance,if not in
uniform,shall declare his office,and produce to the person against
whom he acts such badge as the Captain Superintendent of Police may
direct Police officers to carry when on secret or special service.
8.-(1.)Any Excise Officer who takes any bride shall,on summary
conviction,be liable to a penalty not exceeding two hundred dollars or
to imprisonment,with or without hard labour,for any term not exceed-
ing six months.
(2.)Any Excise Officer who does not,on ceasing to be an Excise
Officer ,return to the Opium Farmer his uniform or accountrements,badge
or licence,shall,on summary conviction,be liable to a penalty not
exceeding one hundred dollars.
Importation,etc., of Opium.
9.-(1.)No person,except the Opium Farmer,his licensees,and
persons duly authorized by him in writing,shall bring into the
Colony or have in his possession within the same any prepared
opium,not being dross opium,without having a valid cetificate under
section 11.
(2.)No person shall bring into the Colony or have in his possession
within the same any dross opium without the knowledge and consent of
the Dross Farmer.
(3.)No person,except a Dross Farmer or a duly licensed person
under this Ordinance,shall,within the Colony,colect dross or have in
his possession,without the knowledge and consent of the Dross Farmer
or his licensees,any dross,except such as may be the result of his own
smoking or of the smoking of opium on his own premises(the burden of
proof whereof shall lie on such person),and such dross shall in no case
exceed two taels in weight:Provided that when any person has in his
possession any such dross in excess of two taels weights,on giving notice
thereof to the Dross Farmer,the Dross Farmer shall purchase the same
at a fair and reasonable rate.
10.-(1.)No person,except the Opium Farmer,shall prepare opium
within the Colony. (2.)No person,except the Opium Farmer and any duly licensed
person under this Ordinance,shall sell or offer or expose for sale any
prepared opium.
(3.)No person,except the Dross Farmer and any duly licensed
person under this Ordinance,shall deal in or prepare dross opium:
Provided that no medical practitioner,chemist,not being
a Chinese or being such and having a European or American diploma,
shall be prevented from preparing or selling opium bona fide for medicinal
purposes:Provided,also,that no trader in opium shall be prevented
from bona fide testing samples of opium obtained in accordance with the
provisions of any Ordinance for the time being in force relating to raw
opium and keeping the same for the purposes of his trade,the burden
of proof whereof shall in each case lie on any person alleging the same
in his defence.
Sale of Opium.
11.-(1.)Every person selling prepared opium,not being dross opium,
shall deliver therewith a certificate,in English or Chinese,in such form
as the Governor may from time to time approve,specifying the date of
the sale,the name of the purchaser,and the quantity sold.
(2.)The certificate shall be issued from books provided with counter-
foils,and both the certificates and the counterfoils shall bear correspond-
ing and consecutive printed numbers.
(3.)The certificate shall be stamped by the seller with the stamp
used by him in carrying on his business,and shall be evidence of the
facts therein stated;and shall not be transferable.
(4.)If any person is charged with the possession of prepared opium
withput a valid certificate,he shall not be entitled to produce or put in
evidence,or cause to be produced or put in evidence,any certificate,
as covering the opium in respect of which he is charged,prior in
date to the last certificate granted to him,unless he has received
permission from the Opium Farmer to keep or store opium,which
permission shall appear on the certificate produced or put in evidence.
(5.)When there is no Opium Farmer the certificate shall be in the
Form No. 2 in the Schedule to this Ordinance.
12.No certificate so granted by the Opium Farmer or by any
licensee under him shall be valid after noon of the third day from the
date of the expiration of such Opium Farmer's privilege.
Opium Divans.
13.No person shall open or carry on any opium divan without a
valid licence from the Colonial Secretary. 14.-(1.)Such licence shall be in the Form No.3 in the Schedule to
this Ordinance and be subject to the conditions which may be indorsed
upon it.
(2.)It may at any time be cancelled by the Colonial Secretary for
any failure to comply with the conditions under which it is granted,
or for any contravention of the requirements of the law for the time
being in force relating to opium,or for any breach of any of the
regulations for the time in force relating to opium divans.
(3.)Such cancellation shall not,however,relieve any offender from
any penalty incurred under this or any other Ordinance,or under any
sanitary by-laws,or under any of such regulations.
15.An opium divan shall be open at all times to the inspection of
the Opium Farmer,of all Excise Officers,of officers of the Police not
being under the rank of sergaent,and of officers of the Sanitary Board.
16.Every person who commits any of the following offences shall,
on summary conviction,be liable to a penalty not exceeding one hundred
dollars or to imprisonment,with or without hard labour,for any term
not exceeding three months;that is to say,-
(1.)opens or carries on an opium divan without a valid licence;or
(2.)knowingly permits any person,other than an adult male ,to
smoke opium or dross opium in an opium divan;or
(3.)knowingly permits or suffers any female,not being the opium
divan keeper or the wife or child of such keeper,to enter or
remain in an opium divan;or
(4.)knowingly permits any armed person to be in an opium divan.
17.-(1.)It shall be lawful for the Governor-in-Council from time t
time to make,and,when made,to alter,add to,or revoke,regulations
with regard to the licensing ,management,and classification of opium
divans and as to the fees to be paid in respect of such licences,and to
prescribe a scale of pecuniary penalties,not exceeding in each case
twenty-five dollars,for the breach of any of such regulations.
(2.)Such regulations shall not come into force until they are notified
in The Gazette,and thereafter such penalties may be enforced summarily
before a Magistrate,and,on conviction for any breach of such regula-
tions,the offender shall be liable ,in default of payment,to imprison-
ment,with or without hard labour,for any term not exceeding one
month.
Farms.
18.-(1.)The Governor-in-Council may grant to any person,for such
considerations,and on such conditions,and for such periods,and in such
form as may from time to time be determined by the Governor-in- Council,the sole privilege of preparing opiu and of selling within the
Colony opium so prepared,and either inclusive or exclusive of the
privileges mentioned in this Ordinance in relation to dross opium and
opium divans.
(2.)Such privilege may from time to time be offered for sale either
be sealed tender or at public auction,and the time for sending in such
tenders or of holding such auction shall be previiously notified in The
Gazette,in English and Chinese,and by advertisement in one or more
daily newspaper.
(3.)The Governor-in-Council may also grant to any person the like
privilege as aforesaid by private contract,if it appears desirable in the
interests of the Colony to do so.
(4.)The accepted bidder for or the grantee of such privilege,before he
shall become entitled to the benefit thereof,shall gove security as
the Governor-in-Council may require for the due performance of the
conditions of such privilege and of his stipulations or agreement in
respect thereof.
(5.)The Opium Farmer shall in all cases keep a proper register or
record of all opium supplied to him,and shall give such details as to its
disposal as the Governor may require.
19.-(1.)The Opium Farmer may,in his discretion,grant licences to
suitable persons authorizing them to sell prepares opium,but subject to
such conditions as may from time to time be approved by the Governor-
in-Council.
(2.)When there is no Opium Farmer the Governor-in-Council may,
in his discretion,grant licences to suitable persons authorizing them to
prepare and sell opium on such conditions as may from time to time be
approved by the Governor-in-Council:
Provided that the provisions of section 21 as to fines for breachs of
regulations shall apply equally to all breachs of regulations as to
the sale or preparation of opium imposed on the licensees under this
section.
20.-(1.)The Governor-in-Council may from time to time,on such
terms as he may think expedient,grant the privilege of collecting dross
and of preparing and dealing in dross opium.
(2.)The grantee thereof may grant licences to persons approved by
him to collect dross or to prepare or deal in dross opium.
(3.)Every such licensee,when collecting,shall carry such badge as
the Governor may direct.
21.-(1.)The Governor-in-Council may from time to time make,and,
when made,alter,add to,or revoke,a scale of fines to be levied for
breaches of the regulations under which any privilege is granted under
this Ordinance:Provided that such scale shall not come into effect until
the same has been published in The Gazette.
(2.)Every fine provided by such scale shall be levied in the same
manner as the fines imposed by this Ordinance.
22.If the consideration money for any privilege granted under this
or any Ordinance hereby repealed,or any instalment thereof,is not paid
within one month next after the day appointed for the payment
thereof,the said privilege shall become null and void,and,over and
above all other liabilities under this Ordinance or any Ordinance hereby
repealed or any conditions of such privilege,the farmer shall be liable
to make good to the Governor all losses or expenses incurred by reason
of such default in payment,or by reason of any re-sale or re-grant of
such privilege which the Governor-in-Council may thereupon make,and
to make which he is hereby authorized.
Transfer of Farm.
23.-(1.)The Opium Farmer shall,one month before his privilege
expires,give public notice,in the Form No.4 in the Schedule to this
Ordinacne,that such privilege is to expire on the day named in such
notice,which shall be the last day of his exclusive privilege,and that
no prepared opium purchased from such farmer,or from any licensee of
such farmer,can be used without the consent of the new farmer after
noon of the third day next after such date.
(2.)Such notice shall be printed in English and Chinese ,and the
farmer shall apply copies thereof to all persons licensed by him under
this Ordinance,and every such licensed person shall exhibit such notice
in the place where he sells prepares opium,in a conspicuous position,so
as to be plainly visible to every person entering such place.
24.The Opium Farmer shall not,during the three months preceding
the end of his term,prepare more than the usual quantity of opium,and
neither he nor his licensees shall,during such three months,sell any
prepared opium at less than the average current prices of the day or in
greater quantities than is usual at the time of year,and at the end of
his term such farmer or his licensees shall not sell,export,or otherwise
make away with or dispose of any of his or their stock of prepared
opium,but shall make over to the imcoming farmer the full and complete
stock of raw or prepared opium then in his or their possession,at the
marketable value thereof,together with all furniture,fittings,and im-
plements used in or about the Opium Farmer's premises for the purposes
of his privilege,and the imcoming farmer shall be bound to take over
and pay for the same accordingly. 25.All licensees of the Governor-in-Council under section 19 ,when
there is no Opium Farmer,shall,during the last three months of the
period of their licences,be subject to such restrictions as to the quantities
of opium they shall prepare and sell as the Governor-in-Council may
from time to time determine.
26.-(1.)In the event of any difference arising between the incoming
and outgoing Opium Farmers as to the quantities of prepared opium
produced or sold during the last three months of the term and the value
of the same,or as the nature and quantity of the raw or prepared
opium so to be purchased or made over or the values thereof,or as to
the value of the furniture,fittings,and implements aforesaid,such
difference shall be determined by three arbitrators,one to be appointed
by the incoming farmer,one by the outgoing farmer,and one by the
Governor.
(2.)The majority of the arbitrators may determine,and are hereby
empowered to decide in each particular case,what are usual quantities
of prepared opium within the meaning of this Ordinance.
(3.)The award of the arbitrators or of a majority of them shall be
final,and the arbitration or such other settlement shall be held at such
time after the end of the term of the outgoing farmer as may seem
reasonable to the Governor.
(4.)ANy award made may be filed in the Supreme Court pursuant to
the Code of Civil Procedure for the time being in force.
27.In case either the incoming or the outgoing Opium Farmer fails
to appoint an arbitrator within ten days from his receiving notice
from the Governor to do so,the other two arbitrators may 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 the Supreme
COurt pursuant to the said Code.
28.The Governor shall fix the time within which the award of the
arbitrators is to be completed,and such time shall be specified on the
appointment of each arbitrator.
29.The arbitrators shall have the same powers as if the appointment
and reference to arbitration had been made by an order of the Supreme
Court under the said Code.
Arrests and Seizures.
30.All the provisions of this Ordinances as to searches,arrests,
possession,the seizure and disposal of opium or implements,penalties
and theur division,rewards to informers,and penalties for false charges
or irregular proceedings 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 dross,dross opium,or the
keeping of opium divans.
31.-(1.)Any Police or Excise Officer may arrest without warrant
any person within the Colony whom he reasonably suspects to have in
his possession any opium in contravention of this Ordinance,and may
take such person to a Police Station in order that,if necessary,he may
be brought before a Magistrate,to be dealt with according to law.
(2.)Every such person and his luggage shall be liable to be searched
before he is taken to the Police Station,but only under the supervision
of an European Police Station,but only under the supervision
of an European Police officer not under the rank of sergeant.
32.Any Police or Excise Officer,having reasonable ground for
believing that there is any opium in any ship within the Colony in
contravention of this Ordinance (such ship not being or having the
status of a ship of war) may proceed without warrant on board such
ship and search for such opium,and may seize any such opium so found,
together with all implements connected therewith,and shall take the
same,together with the person in whose possession it may be found,to
a Police Station in order that he may be brought before a Magistrate,to
be dealt with according to law.
33.Whenever it appears to any Justice of the Peace,upon the oath
of any person,that there is reasonable cause to believe that in any
dwelling house,shop,or other building or place,or on board any ship
(not being or having the status of a ship of war_,within the Colony,
there is concealed or deposited any opium subject to forfeiture under
this Ordinacne,or as to which an offence has been committed against
this Ordinance,such Justice of the Peace may,by his warrant directed
to any Police or Excise Officer,empower such Officer, by day or day
night,-
(1.)to enter such dwelling house,shop,or other building or place,or
to go on board such ship,and there to search for and take possession
of any such opium and of any implements in such place or ship;
and
(2.)to arrest any person or persons,being in such dwelling house,
shop,or other building or place or ship,in whose possession such
opium may be found,or whom such Officer may reasonably suspect
to have concealed or deposited any such opium in such place or ship
or thereabout.
34.Such Officer may,if it is necessary to do so,-
(1.)break open any outer or inner door of such dwelling house,shop,
or other building or place,and enter thereinto; (2.)forcibly enter such ship and every part thereof;
(3.)remove by force any obstruction to such entry,search,seizure,and
removal as he is empowered to effect;
(4.)detain every person found in such place or on board such ship
until such place or ship has been searched;
(5.)seize and detain any such opium or implements found in such
place or ship;and
(6.)seize and detain any such opium or implements found in the
possession of any of the persons against whom his warrant has been
issued in any place whatever within the Colony.
35.-(1.)If any ship is used for the importation,landing,removal,
carriage,or conveyance of any opium in contravention of this Ordinance,
the master,owners,or agents thereof shall be liable to a penalty not
exceeding one thousand dollars.
(2.)An amount of any such opium found on board any such ship and
exceeding,-
(a.)in the case of any steamship of sixty tons burden and up-
wards,fifty taels in weight;or,
(b.)in the case of any steamship under sixty tons burden,twenty-
five taels in weight;or,
(c.)in the case of any other ship,ten taels in weight,
shall be deemed evidence of the unlawful use of such ship,unless it is
proved,to the satisfaction of the Magistrate,that every reasonable
precaution had been taken to prevent the unlawful use of such ship,and
that none of the officers of their servants or any of the crew of such ship
were implicated therein.
(3.)Where practicable,all offences under this section shall be inquired
into and adjudicated on by two Magistrates sitting together.
36.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
doner on Sunday as well as on any other day.
Forfeitures.
37.All opium seized with regard to which any breach of this
Ordinance,or of any regulation amde thereunder,has been committed,
together with any implements,may be forfeited by the Magistrate and,
in his discretion,adjudged and delivered in whole or in part to the
farmer.
38.-(1.)Whenever any seizure of prepared opium is made under this
Ordinance,or whenever there is reasonable ground to believe that opium
is prepared by any authorization person or in any unauthorized place, all raw oipium found in the possession of such person or in such
unauthorized place may be seized by any Police or Excise Officer.
(2.)If the Magistrate considers that there is reason to believe that the
unlawful preparation of opium was carried on by such unauthorized
person or in such unauthorized place,or if any implement within the
meaning of this Ordinance is found in the possession of such unauthorized
person or in such unauthorized place,the Magistrate may order such
new opium to be forfeited,and may,in his discretion,direct that it
be delivered to the Opium Farmer.
39.-(1.)When any opium or any implement is found without being
apparently in the possession of any person,the Magistrate may cause a
notice to be affixed at the place where such opium or implement was
found,calling upon the owner thereof to claim the same.
(2.)If no person makes such a claim within one week from the
affixing of such notice,such opium or implement shall be forfeited,and
may be delivered by the Magistrate,in his discretion,to the Opium
Farmer.
40.-(1.)Every person who conceals or secretly places any prepared
opium in any place of any steamship shall,on summary conviction ,be
liable to a penalty not exceeding five hundred dollars and,in default of
payment ,to imprisonment,with or without hard labour,for any term not
exceeding six months.
(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 section or not,order such opium
to be forfeited.
41.-(1.)No person shall bring or have in his possession on board any
ship bound for or about to proceed to Canton or Macao any opium
exceeding two taels in weight which is not entered on the manifest of
the ship.
(2.)The master of such ship may seize any such opium as aforesaid
found on board his ship which is not entered on the manifest,and may
retain the same in his possession until he can deliver it to the Police.
(3.)Notwithstanding anything in this Ordinance,all such opium as
aforesaid found on board any such ship which is not entered on the
manifest shall be forfeited to the Crown:Provided that if the Opium
Farmer,within one week after such forfeiture,proves,to the satisfaction
of the Governor-in-Council,that any opium so forfeited was not covered
by a certificate under section 11 and that he was not privy to its being
brought on board the ship,the Governor-in-Council may,if he thinks fit,
order such opium so forfeited or any part of it to be delivered to the
Opium Farmer. (4.)Any contravention of this section shall be deemed an offences
against this Ordinance.
42.-(1.)Any opium forfeited to the Crown under the last preceding
section,and not ordered by the Governor-in-Council to be delivered to
the Opium Farmer,shall be disposed of as the Governor-in-Council may
direct,provided that it be not sold within the Colony during the
currency of the farm existing at the time of such forfeiture.
(2.)No Police officer or other person having any opium seized under
the last preceding section in his possession for the purpose of retaining the
same until forfeiture or until its disposal is determined upon by the
Governor-in-Council,or afterwards for the purpose of giving effect to
such order of disposition,shall be liable to any penalty under this
Ordinance by reason of such opium not being accompanied by a
certificate under section 11 or otherwise.
Procedure.
43.The Magistrate may,in his discretion,employ an analyst or
other skilled person to report upon any technical point which may be in
dispute in any prosecution under this Ordinacne,any may,in his
discretion,order the payment of such analyst or skilled person by the
party in fault,or out of any fine recovered from either party,or out of
the proceeds of any forfeiture ordered by such Magistrate.
44.In dismissing any charge or complaint under this Ordinance on
thje ground that such charge or complaint is false or frivolous or vexatious,
it shall be the duty of the Court to impose on the person bringing
such charge or complaint a penalty not exceeding that which the
defendant would have incurred if he had been convicted on such charge
or complaint,and such 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 his evidence in support thereof.
45.Over and above all other liabilities and penalties to which,by
this Ordinance or otherwise,any person may become or be subject in
respect of his suing out,obtaining,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 in section 52,
to be enforced and levied as hereinafter provided.
46.In any proceedings before a Magistrate or on appeal to the
Supreme Court relating to the seizure of any opium,implements ,or
other articles,the seizure whereof is authorized by any of the provisions
of this Ordinance,it shall be lawful of such Magistrate and for the
Judges of the said Court,and they are hereby respectively required,to proceed in such cases on the merits only,without reference to matters of
form and without inquiring onto the manner or form of making any
seizure,excepting in so far as the manner and form of seizure may be
evidence on such merits.
47.-(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 address of any informer or to state any matter which might
and to his discovery,and if any books,documents,or paper which are
in evidence or liable to imspection inany 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 passages 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 proceedings before a Magistrate for any offence
against any provision of this Ordinance,the Magistrate,after full
inquiry into the case,believes that the informer wilfully made in his
information a material statement which he knmew 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
parties thereto without the discovery of the informer,it shall be lawful
for the Court or Magistrate to require the production of the original
information,and to permit inquiry and require full disclosure con-
cerning the informer.
Miscellaneous Provisions.
48.If any person charged with any offence under this Ordinance
gives a false name,or ,with intent to procure his discharge or acquital,
produces or offers in evidence,or causes to be produced or offered in
evidence ,any certificate required by this Ordinacne which is proved,to
the satisfaction of the Magistrate,to have been issued to any other
person or to be forged,he shall,on summary conviction,be liable to a
penalty not exceeding one hundred dollars,in addition to any other
punishment or penalty to which he may be law be liable.
49.Every person who-
(1.)attempts to commit any offence in contravention of this Or-
dinance;or
(2.)aids or abets any other person in any such offence or in the
attempt to commit any such offence,
shall,on summary conviction,be liable to the same punishment and
penalties as if he had been guilty of the actual offence. 50.Persons employed in any department of the public service,and
persons in their employ,or any of them,are disqualified from becoming
or being in any way possessesd of or directly or indirectly interested in any
privilege or licence under this Ordinance or the profits thereof,whether
at law or in equity and whether in their own right respectively or in
the right of another,and from suing for or in respect of or in any wat
enforcing the same.
51.If any unsuccessful search for opium has ben made under
section 31 or section 32 by the request or at the instigation of the Opium
Farmer,and there is no reason to suppose that any opium in contraven-
tion of this Ordinance has been thrown away or otherwise disposed of
with a view to avoid detection,the Opium Farmer shall replace and
repack any goods which may have been unpacked by reason of such
search,and shall amke good any damage which he may have caused
thereby;abd the amount of money claimed for any such damage shall
be adjudicated upon by a Magistrate,and shall be recoverable as a civil
debt under the provisions of any Ordinance for the time being in force
relating to the jurisdiction of Magistrates and the practice and pro-
cedure before them in relation to offences punishable on summary con-
viction,
Penalties.
52.Every omission or neglect to comply with or act done contrary
to the provisions of this Ordinance shall be deemed an offence,and for
every offence against this Ordinance or against any regulation made
thereunder,not otherwuse specially provided for,the offender shall,in
addition to any forfeiture of opium and implements provided for by
this Ordinacne,be liable,on summary conviction,to the following
penalties:-
(1.)for every first offence,a penalty not exceeding five hundred
dollars or imprisonment,with or without hard labour,for any
term not exceeding three months;and
(2.)for evry subsequent offence,a penalty not exceeding one
thousand dollars or imprisonment,with or without hard labour,for
any term not exceeding six months.
53.A portion,not exceeding one half,of the pecuniary penalty
recovered from any offender against this Ordinance may,in the discretion
of the Magistrate,be awarded to the informer,and in every case
relating to prepared opium the remainder of any such penalty recovered
shall be paid to the Opium Farmer,except in the cases provided for by
section 41. 54.Every person who assaults,resists,or wilfully obstructs any Excise
Officer in the due execution of his duty shall be guilty of a misdemeanor,
and,being convicted thereof,shall be liable ,in the discretion of the
Magistrate,to a penalty not exceeding two hundred and fifty dollars or
to imprisonment,with or without hard labour,for any term not exceeding
one year.
SCHEDULE.
FORMS.
FORM No.1.
Appointment of Excise Officer.
The Prepared opium Ordinance,1891.
HONGKONG.
A.B., of in is hereby appointed to be
an Excise Officer under the above Ordinance,and is duly vested with all the
rights,powers,ad immunities of such Officer under the provisions of the
said Ordinance,until the day of ,1 ,or until this
licence is revoked by the Governor.
Dated the day of ,1 .
(Signed.)
Colonial Secretary.
FORM No.2.
Opium Certificate,if there is no Opium Farm.
HONGKONG.
No.
Not Transferable.To be returned after the opium is used.
Sold this day to of No. Street, Taels,
mace, candareens of prepared opium for his own use.
Dated the day of ,1 .
NOTICE.-
The Governor-in-Council has granted the exclusive privilege of
preparing,and selling prepared opium within the Colony to
from the day of ,1 .The oium now purchased and sold
cannot legally be used or retained in your possession after noon of the third
day from the above date,without the consent of
(Signed.) FORM No.3.
Opium Divan Licence.
The Prepared Opium Ordinance,1891.
Hongkong.
A.B., of is hereby licensed to open and carry on an Opium
Divan for the smoking of Prepared Opium/(a)Dross Opium on the floor of the
premises known as(b) from the day of ,1 ,
to the day of ,1 .
This Licence is issued subject to the observance by the Licensee of all the
conditions indorsed on this Licence and to his compliance with all the Laws
and Regulations for the time being in force relating to Opiun and Opium
Divans.
This Licence may be cancelled at any time by the Colonial Secretary for
any failure of such observance or compliance.
Dated the day of ,1 .
(Signed.)
Colonial Secretary.
(a)As the case may be.
(b)Here insert the address.
FORM No.4.
Public Notice of Expiry of Farm.
Hongkong.
The exclusive privilege of preparing opium and selling and retaining opium
so prepared will cease on the day of ,1 .No prepared
opium purchased from us or our licensees can be used after the day
of ,1 ,at noon,without the consent of the new holder of such
exclusive privilege as aforesaid.
Dated the day of ,1
(Signed.)
A.D. 1891. Ordinance No. 21 of 1891, with Ordinances No. 4 of 1894, No. 15 of 1897, No. 1 of 1898, and No. 21 of 1899 incorporated. Short title. Interpretation of terms. Appointment of Excise Officers. Schedule: Form No. 1. Personating Excise Officer. Posting of name, etc., of Excise Officer. Exhibition of badge by Police Punishment of Excise Officer taking bribe, etc. Importation and possession of opium. Unlicensed preparation of opium. See Ordinance No. 10 of 1887. Sale of prepared opium. Schedule: Form No. 2. Lapse of certificate. Licensing of opium divans. Form and cancellation of licence. Schedule: Form No. 3. Inspection of opium divans. Offences in relation to opium divans. Making of regulations relating to opium divans. Grant, etc., of opium farm. Licensees of Opium Farmer, etc. Grant, etc., of dross farm. Making of regulations relating to farms. Default by farmer in payment of consideration money. Notice of expiry of farm. Schedule: Form No. 4. Stocking of market at end of farm. Government licensees. Settlement of difference between incoming and outgoing Opium Farmers. See Ordinance No. 3 of 1901. Failure to appoint arbitrator. Time for award. Powers of arbitrators. Application of certain provisions of the Ordinance. Arrest without warrant. Search of ship without warrant. Search of dwelling house, etc., with warrant. Powers of Officer executing warrant. Liability of maste, owner, etc., of ship landing, etc., smuggled opium. Process on Sundays. Contraband opium. Opium found under suspicious circumstances. Unclaimed opium. Opium concealed on steamship. Opium not on ship's manifest when bound for Canton or Macao. Disposal of opium forfeited to the Crown. Making of analysis. Vexatious proceedings. Warrant improperly obtained. Procedure relating to case of seizure of opium, etc. Rule as to information and informers. Giving false name, etc. Attempt, etc. to commit offence. Prohibition of public officer being interested in farm. Compensation for unsuccessful search. See Ordinance. No. 3 of 1890. Penalties in cases not specially provided for. Appropriation of penalty. Punishment of person assaulting, etc., Excise Officer. Section 3. Section 11. Section 14. Section 23
Prepared Opium
AN ORDINANCE to amend the Law relating to the
Preparation of Opium.
[28th December,1891.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Prepared Opium Ordinance,
1891.
2.In this Ordinance,unless the context otherwise requires,-
'The Colony' includes the waters thereof:
'Excise Officer' means any person appointed under the Ordinances
hereby repealed and continued under this Ordinance or any person
appointed by the Governor under this Ordinance as an Excise
Officer:
'Farm' means any exclusive privilege granted under this Ordinance:
'Farmer' means any holder for the time being of any such exclusive
privilege:
'Opium' includes dross and dross opium:
'Prepared Opium,' so far as relates to the infringement of the
Opium Farmer's privilege of preparing opium within the Colony,
means opium which has been subjected to any degree of artificial
heat for any purpose whatever,and includes dross opium whenever
such a construction is consistent with the context:
'Dross' means the refuse produced by smoking opium,and 'Dross
Opium' means opium prepared wholly or chiefly from such refuse:
'Opium Divan' includes any house,room,or other place-
(1.)used for the sale of prepared opium or dross to be
smoked on the premises;or
(2.)used for the smoking of prepared opium or
dross opiu where a fee or its equivalent is charged,or the
dross resulting from such smoking is retained by or on behalf
of the keeper for his benefit:
'Opium Farmer' means the holder for the time being of the
exclusive privilege of preparing and selling prepared opium,either
inclusive or exclusive of dross opium:
'Dross Farmer' means the holder,if any,for the time being of the
exclusive privilege of collecting and purchasing dross and preparing
and dealing in dross opium:
'Divan Farmer' means the holder,if any,for the time being of the exclusive privilege of opening,carrying on ,or licensing any
class of opium 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 person licensed for the purpose by
the Governor-in-Council,were expressly named instead of the opium
farmer,or as if the Colonial Secretary,or any person licensed for
the purpose by the Colonial Secretary,were expressly named unstead
of the dross farmer,or the divan farmer,or either of them.And
payment or delivery to the Colonial Treasurer,for the use of the
public revenue,or to an Excise Officer for the same purpose,shall in
all such cases be taken to be payment or delivery to such farmer
under this Ordinance:
'Implement' means any vessle,utensil,instrument,or other thing
which has been used,or which is probably intended to be used ,for
containing prepared opium,or for preparing or aiding in preparing
any opium,or for smoking opium:
Any opium,implement,or other thing shall,for the purposes of this
Ordinance,be deemed to be in the possession of any person if he
has such opium,implement,or thing in possession,custody,or
control,by himself or by any other person:
The subjecting of opium of any kind to any degree of artificial heat,
for any purpose whatever,shall be taken to be the preparing of such
opium:
'Ship' means any steam or sailing vessel,junk,boat,sampan,or
any kind of craft used for the conveyance of persons or things by
water,or which may be so used:
'Summary Conviction' means a conviction before a Police
Magistrate of the Colony.
Excise Officers.
3.-(1.)All existing Excise Officers appointed under the Ordinances
hereby repealed shall be continued under this Ordinance.
(2.)The Governor may from time to time appoint,in the Form No.1
in the Schedule to this Ordinance,such other agents or servants of the
Opium Farmer or other persons as may be approved of by him to act as
Excise Officers under this Ordinance.
(3.)Any such appointment may at any time be withdrawn by the
Governor.
4.Every person who assumes,without lawful authority,to act as
an Excise Officer shall,on summary conviction,be liable to a penalty
not exceeding one hundred dollars or,in default,to imprisonment ,with
or without hard labour for any term not exceeding three months. 5.The name and address of every Excise Officer shall be posted in
a conspicuous place at the Police Court.
6.Every Excise Officer shall be supplied with a badge bearing such
sign or mark of office as may be directed by the Governor;and,when
acting against any person under this Ordinance,every Excise Officer
shall declare his office,and produce to the person against whom he acts
his said badge.
7.Every Police officer when acting under this Ordinance,if not in
uniform,shall declare his office,and produce to the person against
whom he acts such badge as the Captain Superintendent of Police may
direct Police officers to carry when on secret or special service.
8.-(1.)Any Excise Officer who takes any bride shall,on summary
conviction,be liable to a penalty not exceeding two hundred dollars or
to imprisonment,with or without hard labour,for any term not exceed-
ing six months.
(2.)Any Excise Officer who does not,on ceasing to be an Excise
Officer ,return to the Opium Farmer his uniform or accountrements,badge
or licence,shall,on summary conviction,be liable to a penalty not
exceeding one hundred dollars.
Importation,etc., of Opium.
9.-(1.)No person,except the Opium Farmer,his licensees,and
persons duly authorized by him in writing,shall bring into the
Colony or have in his possession within the same any prepared
opium,not being dross opium,without having a valid cetificate under
section 11.
(2.)No person shall bring into the Colony or have in his possession
within the same any dross opium without the knowledge and consent of
the Dross Farmer.
(3.)No person,except a Dross Farmer or a duly licensed person
under this Ordinance,shall,within the Colony,colect dross or have in
his possession,without the knowledge and consent of the Dross Farmer
or his licensees,any dross,except such as may be the result of his own
smoking or of the smoking of opium on his own premises(the burden of
proof whereof shall lie on such person),and such dross shall in no case
exceed two taels in weight:Provided that when any person has in his
possession any such dross in excess of two taels weights,on giving notice
thereof to the Dross Farmer,the Dross Farmer shall purchase the same
at a fair and reasonable rate.
10.-(1.)No person,except the Opium Farmer,shall prepare opium
within the Colony. (2.)No person,except the Opium Farmer and any duly licensed
person under this Ordinance,shall sell or offer or expose for sale any
prepared opium.
(3.)No person,except the Dross Farmer and any duly licensed
person under this Ordinance,shall deal in or prepare dross opium:
Provided that no medical practitioner,chemist,not being
a Chinese or being such and having a European or American diploma,
shall be prevented from preparing or selling opium bona fide for medicinal
purposes:Provided,also,that no trader in opium shall be prevented
from bona fide testing samples of opium obtained in accordance with the
provisions of any Ordinance for the time being in force relating to raw
opium and keeping the same for the purposes of his trade,the burden
of proof whereof shall in each case lie on any person alleging the same
in his defence.
Sale of Opium.
11.-(1.)Every person selling prepared opium,not being dross opium,
shall deliver therewith a certificate,in English or Chinese,in such form
as the Governor may from time to time approve,specifying the date of
the sale,the name of the purchaser,and the quantity sold.
(2.)The certificate shall be issued from books provided with counter-
foils,and both the certificates and the counterfoils shall bear correspond-
ing and consecutive printed numbers.
(3.)The certificate shall be stamped by the seller with the stamp
used by him in carrying on his business,and shall be evidence of the
facts therein stated;and shall not be transferable.
(4.)If any person is charged with the possession of prepared opium
withput a valid certificate,he shall not be entitled to produce or put in
evidence,or cause to be produced or put in evidence,any certificate,
as covering the opium in respect of which he is charged,prior in
date to the last certificate granted to him,unless he has received
permission from the Opium Farmer to keep or store opium,which
permission shall appear on the certificate produced or put in evidence.
(5.)When there is no Opium Farmer the certificate shall be in the
Form No. 2 in the Schedule to this Ordinance.
12.No certificate so granted by the Opium Farmer or by any
licensee under him shall be valid after noon of the third day from the
date of the expiration of such Opium Farmer's privilege.
Opium Divans.
13.No person shall open or carry on any opium divan without a
valid licence from the Colonial Secretary. 14.-(1.)Such licence shall be in the Form No.3 in the Schedule to
this Ordinance and be subject to the conditions which may be indorsed
upon it.
(2.)It may at any time be cancelled by the Colonial Secretary for
any failure to comply with the conditions under which it is granted,
or for any contravention of the requirements of the law for the time
being in force relating to opium,or for any breach of any of the
regulations for the time in force relating to opium divans.
(3.)Such cancellation shall not,however,relieve any offender from
any penalty incurred under this or any other Ordinance,or under any
sanitary by-laws,or under any of such regulations.
15.An opium divan shall be open at all times to the inspection of
the Opium Farmer,of all Excise Officers,of officers of the Police not
being under the rank of sergaent,and of officers of the Sanitary Board.
16.Every person who commits any of the following offences shall,
on summary conviction,be liable to a penalty not exceeding one hundred
dollars or to imprisonment,with or without hard labour,for any term
not exceeding three months;that is to say,-
(1.)opens or carries on an opium divan without a valid licence;or
(2.)knowingly permits any person,other than an adult male ,to
smoke opium or dross opium in an opium divan;or
(3.)knowingly permits or suffers any female,not being the opium
divan keeper or the wife or child of such keeper,to enter or
remain in an opium divan;or
(4.)knowingly permits any armed person to be in an opium divan.
17.-(1.)It shall be lawful for the Governor-in-Council from time t
time to make,and,when made,to alter,add to,or revoke,regulations
with regard to the licensing ,management,and classification of opium
divans and as to the fees to be paid in respect of such licences,and to
prescribe a scale of pecuniary penalties,not exceeding in each case
twenty-five dollars,for the breach of any of such regulations.
(2.)Such regulations shall not come into force until they are notified
in The Gazette,and thereafter such penalties may be enforced summarily
before a Magistrate,and,on conviction for any breach of such regula-
tions,the offender shall be liable ,in default of payment,to imprison-
ment,with or without hard labour,for any term not exceeding one
month.
Farms.
18.-(1.)The Governor-in-Council may grant to any person,for such
considerations,and on such conditions,and for such periods,and in such
form as may from time to time be determined by the Governor-in- Council,the sole privilege of preparing opiu and of selling within the
Colony opium so prepared,and either inclusive or exclusive of the
privileges mentioned in this Ordinance in relation to dross opium and
opium divans.
(2.)Such privilege may from time to time be offered for sale either
be sealed tender or at public auction,and the time for sending in such
tenders or of holding such auction shall be previiously notified in The
Gazette,in English and Chinese,and by advertisement in one or more
daily newspaper.
(3.)The Governor-in-Council may also grant to any person the like
privilege as aforesaid by private contract,if it appears desirable in the
interests of the Colony to do so.
(4.)The accepted bidder for or the grantee of such privilege,before he
shall become entitled to the benefit thereof,shall gove security as
the Governor-in-Council may require for the due performance of the
conditions of such privilege and of his stipulations or agreement in
respect thereof.
(5.)The Opium Farmer shall in all cases keep a proper register or
record of all opium supplied to him,and shall give such details as to its
disposal as the Governor may require.
19.-(1.)The Opium Farmer may,in his discretion,grant licences to
suitable persons authorizing them to sell prepares opium,but subject to
such conditions as may from time to time be approved by the Governor-
in-Council.
(2.)When there is no Opium Farmer the Governor-in-Council may,
in his discretion,grant licences to suitable persons authorizing them to
prepare and sell opium on such conditions as may from time to time be
approved by the Governor-in-Council:
Provided that the provisions of section 21 as to fines for breachs of
regulations shall apply equally to all breachs of regulations as to
the sale or preparation of opium imposed on the licensees under this
section.
20.-(1.)The Governor-in-Council may from time to time,on such
terms as he may think expedient,grant the privilege of collecting dross
and of preparing and dealing in dross opium.
(2.)The grantee thereof may grant licences to persons approved by
him to collect dross or to prepare or deal in dross opium.
(3.)Every such licensee,when collecting,shall carry such badge as
the Governor may direct.
21.-(1.)The Governor-in-Council may from time to time make,and,
when made,alter,add to,or revoke,a scale of fines to be levied for
breaches of the regulations under which any privilege is granted under
this Ordinance:Provided that such scale shall not come into effect until
the same has been published in The Gazette.
(2.)Every fine provided by such scale shall be levied in the same
manner as the fines imposed by this Ordinance.
22.If the consideration money for any privilege granted under this
or any Ordinance hereby repealed,or any instalment thereof,is not paid
within one month next after the day appointed for the payment
thereof,the said privilege shall become null and void,and,over and
above all other liabilities under this Ordinance or any Ordinance hereby
repealed or any conditions of such privilege,the farmer shall be liable
to make good to the Governor all losses or expenses incurred by reason
of such default in payment,or by reason of any re-sale or re-grant of
such privilege which the Governor-in-Council may thereupon make,and
to make which he is hereby authorized.
Transfer of Farm.
23.-(1.)The Opium Farmer shall,one month before his privilege
expires,give public notice,in the Form No.4 in the Schedule to this
Ordinacne,that such privilege is to expire on the day named in such
notice,which shall be the last day of his exclusive privilege,and that
no prepared opium purchased from such farmer,or from any licensee of
such farmer,can be used without the consent of the new farmer after
noon of the third day next after such date.
(2.)Such notice shall be printed in English and Chinese ,and the
farmer shall apply copies thereof to all persons licensed by him under
this Ordinance,and every such licensed person shall exhibit such notice
in the place where he sells prepares opium,in a conspicuous position,so
as to be plainly visible to every person entering such place.
24.The Opium Farmer shall not,during the three months preceding
the end of his term,prepare more than the usual quantity of opium,and
neither he nor his licensees shall,during such three months,sell any
prepared opium at less than the average current prices of the day or in
greater quantities than is usual at the time of year,and at the end of
his term such farmer or his licensees shall not sell,export,or otherwise
make away with or dispose of any of his or their stock of prepared
opium,but shall make over to the imcoming farmer the full and complete
stock of raw or prepared opium then in his or their possession,at the
marketable value thereof,together with all furniture,fittings,and im-
plements used in or about the Opium Farmer's premises for the purposes
of his privilege,and the imcoming farmer shall be bound to take over
and pay for the same accordingly. 25.All licensees of the Governor-in-Council under section 19 ,when
there is no Opium Farmer,shall,during the last three months of the
period of their licences,be subject to such restrictions as to the quantities
of opium they shall prepare and sell as the Governor-in-Council may
from time to time determine.
26.-(1.)In the event of any difference arising between the incoming
and outgoing Opium Farmers as to the quantities of prepared opium
produced or sold during the last three months of the term and the value
of the same,or as the nature and quantity of the raw or prepared
opium so to be purchased or made over or the values thereof,or as to
the value of the furniture,fittings,and implements aforesaid,such
difference shall be determined by three arbitrators,one to be appointed
by the incoming farmer,one by the outgoing farmer,and one by the
Governor.
(2.)The majority of the arbitrators may determine,and are hereby
empowered to decide in each particular case,what are usual quantities
of prepared opium within the meaning of this Ordinance.
(3.)The award of the arbitrators or of a majority of them shall be
final,and the arbitration or such other settlement shall be held at such
time after the end of the term of the outgoing farmer as may seem
reasonable to the Governor.
(4.)ANy award made may be filed in the Supreme Court pursuant to
the Code of Civil Procedure for the time being in force.
27.In case either the incoming or the outgoing Opium Farmer fails
to appoint an arbitrator within ten days from his receiving notice
from the Governor to do so,the other two arbitrators may 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 the Supreme
COurt pursuant to the said Code.
28.The Governor shall fix the time within which the award of the
arbitrators is to be completed,and such time shall be specified on the
appointment of each arbitrator.
29.The arbitrators shall have the same powers as if the appointment
and reference to arbitration had been made by an order of the Supreme
Court under the said Code.
Arrests and Seizures.
30.All the provisions of this Ordinances as to searches,arrests,
possession,the seizure and disposal of opium or implements,penalties
and theur division,rewards to informers,and penalties for false charges
or irregular proceedings 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 dross,dross opium,or the
keeping of opium divans.
31.-(1.)Any Police or Excise Officer may arrest without warrant
any person within the Colony whom he reasonably suspects to have in
his possession any opium in contravention of this Ordinance,and may
take such person to a Police Station in order that,if necessary,he may
be brought before a Magistrate,to be dealt with according to law.
(2.)Every such person and his luggage shall be liable to be searched
before he is taken to the Police Station,but only under the supervision
of an European Police Station,but only under the supervision
of an European Police officer not under the rank of sergeant.
32.Any Police or Excise Officer,having reasonable ground for
believing that there is any opium in any ship within the Colony in
contravention of this Ordinance (such ship not being or having the
status of a ship of war) may proceed without warrant on board such
ship and search for such opium,and may seize any such opium so found,
together with all implements connected therewith,and shall take the
same,together with the person in whose possession it may be found,to
a Police Station in order that he may be brought before a Magistrate,to
be dealt with according to law.
33.Whenever it appears to any Justice of the Peace,upon the oath
of any person,that there is reasonable cause to believe that in any
dwelling house,shop,or other building or place,or on board any ship
(not being or having the status of a ship of war_,within the Colony,
there is concealed or deposited any opium subject to forfeiture under
this Ordinacne,or as to which an offence has been committed against
this Ordinance,such Justice of the Peace may,by his warrant directed
to any Police or Excise Officer,empower such Officer, by day or day
night,-
(1.)to enter such dwelling house,shop,or other building or place,or
to go on board such ship,and there to search for and take possession
of any such opium and of any implements in such place or ship;
and
(2.)to arrest any person or persons,being in such dwelling house,
shop,or other building or place or ship,in whose possession such
opium may be found,or whom such Officer may reasonably suspect
to have concealed or deposited any such opium in such place or ship
or thereabout.
34.Such Officer may,if it is necessary to do so,-
(1.)break open any outer or inner door of such dwelling house,shop,
or other building or place,and enter thereinto; (2.)forcibly enter such ship and every part thereof;
(3.)remove by force any obstruction to such entry,search,seizure,and
removal as he is empowered to effect;
(4.)detain every person found in such place or on board such ship
until such place or ship has been searched;
(5.)seize and detain any such opium or implements found in such
place or ship;and
(6.)seize and detain any such opium or implements found in the
possession of any of the persons against whom his warrant has been
issued in any place whatever within the Colony.
35.-(1.)If any ship is used for the importation,landing,removal,
carriage,or conveyance of any opium in contravention of this Ordinance,
the master,owners,or agents thereof shall be liable to a penalty not
exceeding one thousand dollars.
(2.)An amount of any such opium found on board any such ship and
exceeding,-
(a.)in the case of any steamship of sixty tons burden and up-
wards,fifty taels in weight;or,
(b.)in the case of any steamship under sixty tons burden,twenty-
five taels in weight;or,
(c.)in the case of any other ship,ten taels in weight,
shall be deemed evidence of the unlawful use of such ship,unless it is
proved,to the satisfaction of the Magistrate,that every reasonable
precaution had been taken to prevent the unlawful use of such ship,and
that none of the officers of their servants or any of the crew of such ship
were implicated therein.
(3.)Where practicable,all offences under this section shall be inquired
into and adjudicated on by two Magistrates sitting together.
36.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
doner on Sunday as well as on any other day.
Forfeitures.
37.All opium seized with regard to which any breach of this
Ordinance,or of any regulation amde thereunder,has been committed,
together with any implements,may be forfeited by the Magistrate and,
in his discretion,adjudged and delivered in whole or in part to the
farmer.
38.-(1.)Whenever any seizure of prepared opium is made under this
Ordinance,or whenever there is reasonable ground to believe that opium
is prepared by any authorization person or in any unauthorized place, all raw oipium found in the possession of such person or in such
unauthorized place may be seized by any Police or Excise Officer.
(2.)If the Magistrate considers that there is reason to believe that the
unlawful preparation of opium was carried on by such unauthorized
person or in such unauthorized place,or if any implement within the
meaning of this Ordinance is found in the possession of such unauthorized
person or in such unauthorized place,the Magistrate may order such
new opium to be forfeited,and may,in his discretion,direct that it
be delivered to the Opium Farmer.
39.-(1.)When any opium or any implement is found without being
apparently in the possession of any person,the Magistrate may cause a
notice to be affixed at the place where such opium or implement was
found,calling upon the owner thereof to claim the same.
(2.)If no person makes such a claim within one week from the
affixing of such notice,such opium or implement shall be forfeited,and
may be delivered by the Magistrate,in his discretion,to the Opium
Farmer.
40.-(1.)Every person who conceals or secretly places any prepared
opium in any place of any steamship shall,on summary conviction ,be
liable to a penalty not exceeding five hundred dollars and,in default of
payment ,to imprisonment,with or without hard labour,for any term not
exceeding six months.
(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 section or not,order such opium
to be forfeited.
41.-(1.)No person shall bring or have in his possession on board any
ship bound for or about to proceed to Canton or Macao any opium
exceeding two taels in weight which is not entered on the manifest of
the ship.
(2.)The master of such ship may seize any such opium as aforesaid
found on board his ship which is not entered on the manifest,and may
retain the same in his possession until he can deliver it to the Police.
(3.)Notwithstanding anything in this Ordinance,all such opium as
aforesaid found on board any such ship which is not entered on the
manifest shall be forfeited to the Crown:Provided that if the Opium
Farmer,within one week after such forfeiture,proves,to the satisfaction
of the Governor-in-Council,that any opium so forfeited was not covered
by a certificate under section 11 and that he was not privy to its being
brought on board the ship,the Governor-in-Council may,if he thinks fit,
order such opium so forfeited or any part of it to be delivered to the
Opium Farmer. (4.)Any contravention of this section shall be deemed an offences
against this Ordinance.
42.-(1.)Any opium forfeited to the Crown under the last preceding
section,and not ordered by the Governor-in-Council to be delivered to
the Opium Farmer,shall be disposed of as the Governor-in-Council may
direct,provided that it be not sold within the Colony during the
currency of the farm existing at the time of such forfeiture.
(2.)No Police officer or other person having any opium seized under
the last preceding section in his possession for the purpose of retaining the
same until forfeiture or until its disposal is determined upon by the
Governor-in-Council,or afterwards for the purpose of giving effect to
such order of disposition,shall be liable to any penalty under this
Ordinance by reason of such opium not being accompanied by a
certificate under section 11 or otherwise.
Procedure.
43.The Magistrate may,in his discretion,employ an analyst or
other skilled person to report upon any technical point which may be in
dispute in any prosecution under this Ordinacne,any may,in his
discretion,order the payment of such analyst or skilled person by the
party in fault,or out of any fine recovered from either party,or out of
the proceeds of any forfeiture ordered by such Magistrate.
44.In dismissing any charge or complaint under this Ordinance on
thje ground that such charge or complaint is false or frivolous or vexatious,
it shall be the duty of the Court to impose on the person bringing
such charge or complaint a penalty not exceeding that which the
defendant would have incurred if he had been convicted on such charge
or complaint,and such 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 his evidence in support thereof.
45.Over and above all other liabilities and penalties to which,by
this Ordinance or otherwise,any person may become or be subject in
respect of his suing out,obtaining,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 in section 52,
to be enforced and levied as hereinafter provided.
46.In any proceedings before a Magistrate or on appeal to the
Supreme Court relating to the seizure of any opium,implements ,or
other articles,the seizure whereof is authorized by any of the provisions
of this Ordinance,it shall be lawful of such Magistrate and for the
Judges of the said Court,and they are hereby respectively required,to proceed in such cases on the merits only,without reference to matters of
form and without inquiring onto the manner or form of making any
seizure,excepting in so far as the manner and form of seizure may be
evidence on such merits.
47.-(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 address of any informer or to state any matter which might
and to his discovery,and if any books,documents,or paper which are
in evidence or liable to imspection inany 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 passages 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 proceedings before a Magistrate for any offence
against any provision of this Ordinance,the Magistrate,after full
inquiry into the case,believes that the informer wilfully made in his
information a material statement which he knmew 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
parties thereto without the discovery of the informer,it shall be lawful
for the Court or Magistrate to require the production of the original
information,and to permit inquiry and require full disclosure con-
cerning the informer.
Miscellaneous Provisions.
48.If any person charged with any offence under this Ordinance
gives a false name,or ,with intent to procure his discharge or acquital,
produces or offers in evidence,or causes to be produced or offered in
evidence ,any certificate required by this Ordinacne which is proved,to
the satisfaction of the Magistrate,to have been issued to any other
person or to be forged,he shall,on summary conviction,be liable to a
penalty not exceeding one hundred dollars,in addition to any other
punishment or penalty to which he may be law be liable.
49.Every person who-
(1.)attempts to commit any offence in contravention of this Or-
dinance;or
(2.)aids or abets any other person in any such offence or in the
attempt to commit any such offence,
shall,on summary conviction,be liable to the same punishment and
penalties as if he had been guilty of the actual offence. 50.Persons employed in any department of the public service,and
persons in their employ,or any of them,are disqualified from becoming
or being in any way possessesd of or directly or indirectly interested in any
privilege or licence under this Ordinance or the profits thereof,whether
at law or in equity and whether in their own right respectively or in
the right of another,and from suing for or in respect of or in any wat
enforcing the same.
51.If any unsuccessful search for opium has ben made under
section 31 or section 32 by the request or at the instigation of the Opium
Farmer,and there is no reason to suppose that any opium in contraven-
tion of this Ordinance has been thrown away or otherwise disposed of
with a view to avoid detection,the Opium Farmer shall replace and
repack any goods which may have been unpacked by reason of such
search,and shall amke good any damage which he may have caused
thereby;abd the amount of money claimed for any such damage shall
be adjudicated upon by a Magistrate,and shall be recoverable as a civil
debt under the provisions of any Ordinance for the time being in force
relating to the jurisdiction of Magistrates and the practice and pro-
cedure before them in relation to offences punishable on summary con-
viction,
Penalties.
52.Every omission or neglect to comply with or act done contrary
to the provisions of this Ordinance shall be deemed an offence,and for
every offence against this Ordinance or against any regulation made
thereunder,not otherwuse specially provided for,the offender shall,in
addition to any forfeiture of opium and implements provided for by
this Ordinacne,be liable,on summary conviction,to the following
penalties:-
(1.)for every first offence,a penalty not exceeding five hundred
dollars or imprisonment,with or without hard labour,for any
term not exceeding three months;and
(2.)for evry subsequent offence,a penalty not exceeding one
thousand dollars or imprisonment,with or without hard labour,for
any term not exceeding six months.
53.A portion,not exceeding one half,of the pecuniary penalty
recovered from any offender against this Ordinance may,in the discretion
of the Magistrate,be awarded to the informer,and in every case
relating to prepared opium the remainder of any such penalty recovered
shall be paid to the Opium Farmer,except in the cases provided for by
section 41. 54.Every person who assaults,resists,or wilfully obstructs any Excise
Officer in the due execution of his duty shall be guilty of a misdemeanor,
and,being convicted thereof,shall be liable ,in the discretion of the
Magistrate,to a penalty not exceeding two hundred and fifty dollars or
to imprisonment,with or without hard labour,for any term not exceeding
one year.
SCHEDULE.
FORMS.
FORM No.1.
Appointment of Excise Officer.
The Prepared opium Ordinance,1891.
HONGKONG.
A.B., of in is hereby appointed to be
an Excise Officer under the above Ordinance,and is duly vested with all the
rights,powers,ad immunities of such Officer under the provisions of the
said Ordinance,until the day of ,1 ,or until this
licence is revoked by the Governor.
Dated the day of ,1 .
(Signed.)
Colonial Secretary.
FORM No.2.
Opium Certificate,if there is no Opium Farm.
HONGKONG.
No.
Not Transferable.To be returned after the opium is used.
Sold this day to of No. Street, Taels,
mace, candareens of prepared opium for his own use.
Dated the day of ,1 .
NOTICE.-
The Governor-in-Council has granted the exclusive privilege of
preparing,and selling prepared opium within the Colony to
from the day of ,1 .The oium now purchased and sold
cannot legally be used or retained in your possession after noon of the third
day from the above date,without the consent of
(Signed.) FORM No.3.
Opium Divan Licence.
The Prepared Opium Ordinance,1891.
Hongkong.
A.B., of is hereby licensed to open and carry on an Opium
Divan for the smoking of Prepared Opium/(a)Dross Opium on the floor of the
premises known as(b) from the day of ,1 ,
to the day of ,1 .
This Licence is issued subject to the observance by the Licensee of all the
conditions indorsed on this Licence and to his compliance with all the Laws
and Regulations for the time being in force relating to Opiun and Opium
Divans.
This Licence may be cancelled at any time by the Colonial Secretary for
any failure of such observance or compliance.
Dated the day of ,1 .
(Signed.)
Colonial Secretary.
(a)As the case may be.
(b)Here insert the address.
FORM No.4.
Public Notice of Expiry of Farm.
Hongkong.
The exclusive privilege of preparing opium and selling and retaining opium
so prepared will cease on the day of ,1 .No prepared
opium purchased from us or our licensees can be used after the day
of ,1 ,at noon,without the consent of the new holder of such
exclusive privilege as aforesaid.
Dated the day of ,1
(Signed.)
A.D. 1891. Ordinance No. 21 of 1891, with Ordinances No. 4 of 1894, No. 15 of 1897, No. 1 of 1898, and No. 21 of 1899 incorporated. Short title. Interpretation of terms. Appointment of Excise Officers. Schedule: Form No. 1. Personating Excise Officer. Posting of name, etc., of Excise Officer. Exhibition of badge by Police Punishment of Excise Officer taking bribe, etc. Importation and possession of opium. Unlicensed preparation of opium. See Ordinance No. 10 of 1887. Sale of prepared opium. Schedule: Form No. 2. Lapse of certificate. Licensing of opium divans. Form and cancellation of licence. Schedule: Form No. 3. Inspection of opium divans. Offences in relation to opium divans. Making of regulations relating to opium divans. Grant, etc., of opium farm. Licensees of Opium Farmer, etc. Grant, etc., of dross farm. Making of regulations relating to farms. Default by farmer in payment of consideration money. Notice of expiry of farm. Schedule: Form No. 4. Stocking of market at end of farm. Government licensees. Settlement of difference between incoming and outgoing Opium Farmers. See Ordinance No. 3 of 1901. Failure to appoint arbitrator. Time for award. Powers of arbitrators. Application of certain provisions of the Ordinance. Arrest without warrant. Search of ship without warrant. Search of dwelling house, etc., with warrant. Powers of Officer executing warrant. Liability of maste, owner, etc., of ship landing, etc., smuggled opium. Process on Sundays. Contraband opium. Opium found under suspicious circumstances. Unclaimed opium. Opium concealed on steamship. Opium not on ship's manifest when bound for Canton or Macao. Disposal of opium forfeited to the Crown. Making of analysis. Vexatious proceedings. Warrant improperly obtained. Procedure relating to case of seizure of opium, etc. Rule as to information and informers. Giving false name, etc. Attempt, etc. to commit offence. Prohibition of public officer being interested in farm. Compensation for unsuccessful search. See Ordinance. No. 3 of 1890. Penalties in cases not specially provided for. Appropriation of penalty. Punishment of person assaulting, etc., Excise Officer. Section 3. Section 11. Section 14. Section 23
Abstract
A.D. 1891. Ordinance No. 21 of 1891, with Ordinances No. 4 of 1894, No. 15 of 1897, No. 1 of 1898, and No. 21 of 1899 incorporated. Short title. Interpretation of terms. Appointment of Excise Officers. Schedule: Form No. 1. Personating Excise Officer. Posting of name, etc., of Excise Officer. Exhibition of badge by Police Punishment of Excise Officer taking bribe, etc. Importation and possession of opium. Unlicensed preparation of opium. See Ordinance No. 10 of 1887. Sale of prepared opium. Schedule: Form No. 2. Lapse of certificate. Licensing of opium divans. Form and cancellation of licence. Schedule: Form No. 3. Inspection of opium divans. Offences in relation to opium divans. Making of regulations relating to opium divans. Grant, etc., of opium farm. Licensees of Opium Farmer, etc. Grant, etc., of dross farm. Making of regulations relating to farms. Default by farmer in payment of consideration money. Notice of expiry of farm. Schedule: Form No. 4. Stocking of market at end of farm. Government licensees. Settlement of difference between incoming and outgoing Opium Farmers. See Ordinance No. 3 of 1901. Failure to appoint arbitrator. Time for award. Powers of arbitrators. Application of certain provisions of the Ordinance. Arrest without warrant. Search of ship without warrant. Search of dwelling house, etc., with warrant. Powers of Officer executing warrant. Liability of maste, owner, etc., of ship landing, etc., smuggled opium. Process on Sundays. Contraband opium. Opium found under suspicious circumstances. Unclaimed opium. Opium concealed on steamship. Opium not on ship's manifest when bound for Canton or Macao. Disposal of opium forfeited to the Crown. Making of analysis. Vexatious proceedings. Warrant improperly obtained. Procedure relating to case of seizure of opium, etc. Rule as to information and informers. Giving false name, etc. Attempt, etc. to commit offence. Prohibition of public officer being interested in farm. Compensation for unsuccessful search. See Ordinance. No. 3 of 1890. Penalties in cases not specially provided for. Appropriation of penalty. Punishment of person assaulting, etc., Excise Officer. Section 3. Section 11. Section 14. Section 23
Identifier
https://oelawhk.lib.hku.hk/items/show/664
Edition
1901
Volume
v2
Subsequent Cap No.
134
Cap / Ordinance No.
No. 8 of 1891
Number of Pages
16
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PREPARED OPIUM ORDINANCE, 1891,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/664.
