MORPHINE ORDINANCE, 1893

MORPHINE ORDINANCE, 1893

ORDINANCE No. 9 OF 1893.

Morphine

AN ORDINANCE for the Suppression of the pernicious
Practice of injecting Preparations of Morphine by
unqualified Persons.
[23rd September,1893.]
WHEREAS it is desirable to forbid,in this Colony,the practice
of injecting morphine,except in cases where such treatment
has been prescribed by some duly qualified medical practitioner,and
to make provision for effectually suppression such practice: BE it therefore 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 Morphine Ordinance,1893.
2.For the purposes of this Ordinance,-
'Morphine' includes mprphia and all salts of morphine and any
solution thereof that can be used as an injection,but not prepara-
tions for ordinary internal use containing morphine as an ingredient
but not suitable for purposes of injection:
'Duly Qualified Medical Practitioner' means a practitioner
registered under any Ordinacne for the time being in force relating
to the registration of medical practitioners:
'Chemist or Druggist' means a chemist or druggist holding an
European or American certificate of qualification
3.-(1.)Every person who administers by injection any morphine
to any other person,except in a case where the same has been pre-
scribed by some duly qualified medical practitioner,shall,on con-
viction before a Magistrate,be liable to a penalty not exceeding fifty
dollars or to imprisonment,with or without hard labour,for any term
not exceeding two months.
(2.)The onus of proving teh exception shall lie on the person so
administering the morphine.
4.-(1.)Every person who,except in a case where morphine has
been prescribed by sime dult qualified medical practitioner,furnishes
morphine to any person,except to a duly qualified medical prac-
titioner or to a chemist or druggist,shall,on conviction before a
Magistrate,be liable to a penalty not exceeding fifty dollars or to
imprisonment ,with or without hard labour,for any term not exceeding
two months.
(2.)The onus of proving the exception shall lie on the person
furnishing morphine as aforesaid:
Provided that this section shall not apply to the furnishing of
morphine for the purpose of bona-fide exportation.
5.It shall be lawful for any officer or constable of the Police,duly
authorized by warrant of any Justice of the Peace (which shall be in
the form in the Schedule to this Ordinance),with such assistants as may be
necessary ,to enter and ,if necessary,to break into any place which such
Justice of the Peace may,from sworn information or of his own know-
ledge,have reasonable grounds to suspect and believe to be a place kept
or used for the injection of morphine contrary to the provisions of this
Ordinance or where such injection is carried on,and to arrest any
persons who may be found therein and whom he may suspect to have
acted or to be acting in contravention of this Ordinance, and to seize all
morphine, hypodermic syringes,and other appliances which may be
found there and which are capable of being used for the injection of
morphine, and, on conviction of the offender or in any case if the
Magistrate so orders, they shall be forfeited to Her Majesty, her heirs
and successors, and be dealt with as the Magistrate may direct.
SCHEDULE.
FORM OF WARRANT.
HONGKONG.
To each and all of the Constables and Officers of the Police of the Colony.
WHEREAS it appears to me A.B., one of the Justices of the Peace for the
said Colony,by the information upon oath of C.D., of [or of
my own knowledge], that the place [here insert description of the place] is
kept or used for the injection of morphine contrary to the provisions of the
Morphine Ordinance, 1893, or that such injection is carried on there: This
is, therefore, to require you, with such assistants as may be necessary,to
enter and, if necessary, to break into the said place and to arrest all such
persons found therein as you may suspect to have acted or to be acting in
contravention of the said Ordinance, and to seize all morphine, hypodermine
syringes, and other appliances which have been used or are capable of being
used for the purpose present in the said place, and the said morphine, hypo-
dermic syringes, and other appliances to bring before a Magistrate, to be
dealt with according to the Ordinance; and for so doing this shall be your
warrant.
GIVEN under my hand and seal at Victoria,in the said Colony, this
day of 1 .
(Signed.)
A.B.,
J.P.
A.D. 1893. Ordinance No. 13 of 1893. Short title. Interpretation of terms. See Ordinance. No. 1 of 1884. Penalty for administration of morphine, except in certain case. Penalty for furnishing morphine, except in certain case. Power to Justice of Peace to authorize entry of house, etc., where injection of morphine is carried on, etc. Schedule. Section 5.

A.D. 1893. Ordinance No. 13 of 1893. Short title. Interpretation of terms. See Ordinance. No. 1 of 1884. Penalty for administration of morphine, except in certain case. Penalty for furnishing morphine, except in certain case. Power to Justice of Peace to authorize entry of house, etc., where injection of morphine is carried on, etc. Schedule. Section 5.

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