SPIRITS & OPIUM ORDINANCE
Title
SPIRITS & OPIUM ORDINANCE
Description
Ordinance No. 4 of 1853.
Spirits -- Opium.
No. 4 of 1853.
An Ordinance to Amend Ordinances Nos. 11 of 1844 and 5 of 1845, and
to improve the Regulations for the Sale of Spirituous Liquors by
Chinese, and the Regulations for the Retail and Preparation of Opium.
[22nd December, 1853.]
WHEREAS the Ordinance No. 11 of 1844, regulating the sale of spirituous
liquors, has been found inconvenient in its application to Chinesedealers, and
doubts have arisen as to the construction of the regulations for the
retail of opium
made by His Excellency the Governor on the 19th July, 1847, in pursuance
of the
provisions of Ordinance No. 5 of 1845: Be it enacted and ordained by His
Excellency
the Governor of Hongkong, with the advice of the Legislative Council
thereof I as
follows : Prohibition
against importa.
tton by
unlicensed
dealers.
Snperintendent
of l'nlice may
grant licences to
retail or prepare
opiuttt.
anperintendent
of Police way
roquire licence
holders to make
certain returns,
and may
uvtnhiish rotes for
the preservation
of order in
ssntoking divans.
1'onnlties for
offew,es against
licence.
ORDINANCE 10. 4 or, 1853.
8pirits-Opium.
Certain provi- 1. So much of the said Ordinance No. ll of 184 as refers to
the mode of granting
dons of Ordi-
nance No. n of licences, and as prohibits the sale of spirituous liquors
where a retail shop for the sale
1844 as to the
17 encos ~°.';` of of other articles is kept, shall not apply to Chinese
licensed to retail spirituous liquors.
to apply to
Chinese. under this Ordinance.
Superintendent 2. Any Chinese requiring a licence to retail spirituous
liquors to Chinese only
of Police to grant
licences to sell may apply to the Superintendent of Police, or such other
officer as the Governor may
spirituous liquors
to Chinese only, from tune to time appoint for this purpose, who, on being
satisfied that the applicant,
is a proper person to receive such licence and on payment of the
established fee into
the Colonial Treasury may grant a licence in the form laid down in
schedule A, which
licence shall not take effect until it has been countersigned by the
Chief Magistrate.
Pormeropinm 3. The said regulations for the retail of opium, made on the
19th July, 1847, be-
rea;ulations
nmnmen. and the sane are hereby annulled.
Opium not to ho 4. If any person shall, without licence, sell or barter
raw opium in any quantity
retailed or pre-
7>ared withnnt n loss than one chest, or prepare opium in any quantity, or
sell or barter prepared opium
licence.
in any quantity, or keep a smoking divan, he shall be liable to a penalty
not esceeding-
five hundred dollars.
fj. If any person not licensed to retail raw opium shall import into the
Colony
raw opium in smaller quantity than one chest, or receive into his
possession any Buell.
raw opium so imported, or if any person not licensed to prepare opium, or
to sell pre-
pared opium shall import into the Colony prepared opium in any quantity,
or receive
into his possession any such prepared opium so imported, he shall be
liable to R
penalty not exceeding five hundred dollars.
8. Any person requiring a licence to retail opium, or to prepare opium or
to sell
prepared opium, or to keep a smoking divan, may apply to the
Superintendent of Police,
or such other officer aforesaid, who, on being satisfied that the
applicant is a proper-
person to receive such licence, and on payment of the established fee
into the Colonial
Treasury shall grant a licence in the form laid down in schedule B, which
licence shall
not take effect until countersigned by the Chief Magistrate.
7. The Superintendent of Police may require that all persons licensed
hereunder,
exhibit in front of the premises licensed their names and the number and
nature of
their licence, in a form to be determined by him. He may also, by
inserting a special
clause in the licence, require all licensed persons to send in a monthly
return of the
quantities of opium or spirituous liquors retailed, sold or prepared by
them. He may
also insert in the licences for keeping smoking divans the hours during
which the-
divans shall be open, and any other rules appearing to him necessary for-
the-
preservation of good order therein.
$. If any holder of a licence shall offend against the tenor of his
licence he--
shall be liable to pay a fine not exceeding one hundred dollars, and for
a second offence~
the convicting Magistrate may in addition annul the licence.
ORDINANCE ho. 4 of 1853.
Spirits- Opi aim.
9. No person shall receive in exchange or pledge for opium sold by
retail, any opintntobee,
chongod for
.article of clothing or implement of trade, or other such thing but only
the current coin ntoney only.
of this Colony.
10. Any Magistrate on being credibly informed that any spirituous liquor
or
opium is in any ship, boat or place for the purpose of being unlawfully
retailed, sold,
-or prepared or having been unlawfully imported may issue his warrant to
search such
place and bring before him such liquor or opium, and may adjudge to be
forfeited to
the Crown any opium or liquor so found that appears to him to have been
in such
place for the purpose of being unlawfully retailed, sold, or prepared or
to have been
unlawfully imported and the proof that such opium or liquor was in such
place lawfully
:and for a lawful purpose shall lie upon the pet-son in whose possession
or on whose
,premises such opium or liquor was found.
11. The fees charged on licences shall be those laid clown in schedule C.
12. If a licensed person shall omit to pay at the appointed time the fee
due upon
leis licence, any Justice of the Peace, on complaint made, may levy the
amount due
by sale of the property of the defaulter.
13. This Ordinance shall lot apply to licences now in force.
Search warrant
my de granted
flw seizure of
)lqnor or opium
intended to tie
nnlwrfnlly re-
tttiled.
Whet tees to be
charged.
Fees not paid
nary be levied by
dietrass.
Not to apply to
existing licence.
14. The penalties and forfeitures in this Ordinance may be adjudged by
any Penalties how
Magistrate of Police or any two Justices of the Peace, in the maggot
provided by ''eeeverauro. -
Ordinance No. 10 of 184.
BCHI:DUDh A.
LICENCE TO RETAIL SPIRITUOUS LIQUORS TO CHISESE ONLY.
OFFICE 0f THIS SUPI.RINTLNDfNT OF POLICE,
Hongkong, 185
01.13.] of [incert rise applicant'x native place,] `(insert the calling
of ties applicant,) is hereby
licensed to retail spirituous liquors to Chinese only, under tire
provisions of Ordinance No. 4 of 1803 on
the premises known as [insert the naranbea y' the laonxc, grunts rf the
street, and descrvlrtioaa of the pnr-
aniscs.J
This licence will remain in force until the dose of the current year
ending on..
180 . A fee of dol lays is to be paid at the Colonial Treasury
on the clay of each month, until the expiration of the term, and in
default of payment will
1>e levied on the property of the defaulter.
If spirituous liquor be sold to any other person than a Chinese the
licence .bolder will incur a
penalty not exceeding $100, and for a second offence his licence may in
addition be annulled.
Countersigned
CE '1`]
Chief Magistrate.
On the - .
Snperintenrle-Itt nfZ'ulicc.
day of
(This recript to be repeatrrl.maariJrly.]
185 . received the fee of $9.
[ G. II,]
Colonial Treasurer.
Spirits -- Opium.
SCHEDULE B.
No.
LICENCE TO [rr-tztil, rain npiunt] (or to prepare npiunt, and salt
prcyararl opium,) [or to beep a..
xnrn&inry dirar.)
OFFICE OF THE SLTI'ERI1iTE\DENT OF POLICE,
Hongkong, 185
.
(r1.73.) of [insert native place,] [insert calling] is hereby licensed to
[as t)ce ease may be] under the
provisions of Ordinance No. 4 of 1803 on the premises known as [describe
the premises ntcntionitag tTtw
auntbcr of the house and the name of Me street.]
This licence will remain in force until the close of the current year
ending on
A fee of dollars is to he paid at the Colonial Treasury on the
day of each month, until the expiration of the term, and in default of
payment will be levied on the
Property of the defaulter.
Clzzrf Olaryistrata.
On the
For the retail of spirituous liquors
Superintendent tfPalica..
day of
(This racaipt fn be repeated artnntlzly.]
SCHEDULE C.
1'aas payable on Licences.
185 received the fee of $
(!3. IL)
Colonial Treasurer.
retail of raw opium $30
preparing opium, or selling prepared opium, or both ,.$20 r Per month in
advance
keeping a smoking divan
[Repealed by Ordinance No. 7 of 1858: See also No. 2 of 1858.]
281
Title.
Preamble. Certain provisions of Ordinance No. 11 of 1844 as to the mode of granting licences, &c., not to apply to Chinese.
Superintendent of Police to grant licences to sell spirituous licences to Chinese only.
Former opium regulations annulled.
Opium not to be retailed or prepared without a licence.
Prohibition against importation by unlicensed dealers.
Superintendent of Police may grant licences to retail or prepare opium.
Superintendent of Police may require licence holders to make certain returns, and may establish rules for the preservation of order in smoking divans.
Penalties for offences against licence. Opium to be the exchanged for money only.
Search warrant may be granted for seizure of liquor or opium intended to be unlawfully retailed.
What fees to be charged.
Fees not paid may be levied by distress.
Not to apply to existing licenses.
Penalties how recoverable. 319
Spirits -- Opium.
No. 4 of 1853.
An Ordinance to Amend Ordinances Nos. 11 of 1844 and 5 of 1845, and
to improve the Regulations for the Sale of Spirituous Liquors by
Chinese, and the Regulations for the Retail and Preparation of Opium.
[22nd December, 1853.]
WHEREAS the Ordinance No. 11 of 1844, regulating the sale of spirituous
liquors, has been found inconvenient in its application to Chinesedealers, and
doubts have arisen as to the construction of the regulations for the
retail of opium
made by His Excellency the Governor on the 19th July, 1847, in pursuance
of the
provisions of Ordinance No. 5 of 1845: Be it enacted and ordained by His
Excellency
the Governor of Hongkong, with the advice of the Legislative Council
thereof I as
follows : Prohibition
against importa.
tton by
unlicensed
dealers.
Snperintendent
of l'nlice may
grant licences to
retail or prepare
opiuttt.
anperintendent
of Police way
roquire licence
holders to make
certain returns,
and may
uvtnhiish rotes for
the preservation
of order in
ssntoking divans.
1'onnlties for
offew,es against
licence.
ORDINANCE 10. 4 or, 1853.
8pirits-Opium.
Certain provi- 1. So much of the said Ordinance No. ll of 184 as refers to
the mode of granting
dons of Ordi-
nance No. n of licences, and as prohibits the sale of spirituous liquors
where a retail shop for the sale
1844 as to the
17 encos ~°.';` of of other articles is kept, shall not apply to Chinese
licensed to retail spirituous liquors.
to apply to
Chinese. under this Ordinance.
Superintendent 2. Any Chinese requiring a licence to retail spirituous
liquors to Chinese only
of Police to grant
licences to sell may apply to the Superintendent of Police, or such other
officer as the Governor may
spirituous liquors
to Chinese only, from tune to time appoint for this purpose, who, on being
satisfied that the applicant,
is a proper person to receive such licence and on payment of the
established fee into
the Colonial Treasury may grant a licence in the form laid down in
schedule A, which
licence shall not take effect until it has been countersigned by the
Chief Magistrate.
Pormeropinm 3. The said regulations for the retail of opium, made on the
19th July, 1847, be-
rea;ulations
nmnmen. and the sane are hereby annulled.
Opium not to ho 4. If any person shall, without licence, sell or barter
raw opium in any quantity
retailed or pre-
7>ared withnnt n loss than one chest, or prepare opium in any quantity, or
sell or barter prepared opium
licence.
in any quantity, or keep a smoking divan, he shall be liable to a penalty
not esceeding-
five hundred dollars.
fj. If any person not licensed to retail raw opium shall import into the
Colony
raw opium in smaller quantity than one chest, or receive into his
possession any Buell.
raw opium so imported, or if any person not licensed to prepare opium, or
to sell pre-
pared opium shall import into the Colony prepared opium in any quantity,
or receive
into his possession any such prepared opium so imported, he shall be
liable to R
penalty not exceeding five hundred dollars.
8. Any person requiring a licence to retail opium, or to prepare opium or
to sell
prepared opium, or to keep a smoking divan, may apply to the
Superintendent of Police,
or such other officer aforesaid, who, on being satisfied that the
applicant is a proper-
person to receive such licence, and on payment of the established fee
into the Colonial
Treasury shall grant a licence in the form laid down in schedule B, which
licence shall
not take effect until countersigned by the Chief Magistrate.
7. The Superintendent of Police may require that all persons licensed
hereunder,
exhibit in front of the premises licensed their names and the number and
nature of
their licence, in a form to be determined by him. He may also, by
inserting a special
clause in the licence, require all licensed persons to send in a monthly
return of the
quantities of opium or spirituous liquors retailed, sold or prepared by
them. He may
also insert in the licences for keeping smoking divans the hours during
which the-
divans shall be open, and any other rules appearing to him necessary for-
the-
preservation of good order therein.
$. If any holder of a licence shall offend against the tenor of his
licence he--
shall be liable to pay a fine not exceeding one hundred dollars, and for
a second offence~
the convicting Magistrate may in addition annul the licence.
ORDINANCE ho. 4 of 1853.
Spirits- Opi aim.
9. No person shall receive in exchange or pledge for opium sold by
retail, any opintntobee,
chongod for
.article of clothing or implement of trade, or other such thing but only
the current coin ntoney only.
of this Colony.
10. Any Magistrate on being credibly informed that any spirituous liquor
or
opium is in any ship, boat or place for the purpose of being unlawfully
retailed, sold,
-or prepared or having been unlawfully imported may issue his warrant to
search such
place and bring before him such liquor or opium, and may adjudge to be
forfeited to
the Crown any opium or liquor so found that appears to him to have been
in such
place for the purpose of being unlawfully retailed, sold, or prepared or
to have been
unlawfully imported and the proof that such opium or liquor was in such
place lawfully
:and for a lawful purpose shall lie upon the pet-son in whose possession
or on whose
,premises such opium or liquor was found.
11. The fees charged on licences shall be those laid clown in schedule C.
12. If a licensed person shall omit to pay at the appointed time the fee
due upon
leis licence, any Justice of the Peace, on complaint made, may levy the
amount due
by sale of the property of the defaulter.
13. This Ordinance shall lot apply to licences now in force.
Search warrant
my de granted
flw seizure of
)lqnor or opium
intended to tie
nnlwrfnlly re-
tttiled.
Whet tees to be
charged.
Fees not paid
nary be levied by
dietrass.
Not to apply to
existing licence.
14. The penalties and forfeitures in this Ordinance may be adjudged by
any Penalties how
Magistrate of Police or any two Justices of the Peace, in the maggot
provided by ''eeeverauro. -
Ordinance No. 10 of 184.
BCHI:DUDh A.
LICENCE TO RETAIL SPIRITUOUS LIQUORS TO CHISESE ONLY.
OFFICE 0f THIS SUPI.RINTLNDfNT OF POLICE,
Hongkong, 185
01.13.] of [incert rise applicant'x native place,] `(insert the calling
of ties applicant,) is hereby
licensed to retail spirituous liquors to Chinese only, under tire
provisions of Ordinance No. 4 of 1803 on
the premises known as [insert the naranbea y' the laonxc, grunts rf the
street, and descrvlrtioaa of the pnr-
aniscs.J
This licence will remain in force until the dose of the current year
ending on..
180 . A fee of dol lays is to be paid at the Colonial Treasury
on the clay of each month, until the expiration of the term, and in
default of payment will
1>e levied on the property of the defaulter.
If spirituous liquor be sold to any other person than a Chinese the
licence .bolder will incur a
penalty not exceeding $100, and for a second offence his licence may in
addition be annulled.
Countersigned
CE '1`]
Chief Magistrate.
On the - .
Snperintenrle-Itt nfZ'ulicc.
day of
(This recript to be repeatrrl.maariJrly.]
185 . received the fee of $9.
[ G. II,]
Colonial Treasurer.
Spirits -- Opium.
SCHEDULE B.
No.
LICENCE TO [rr-tztil, rain npiunt] (or to prepare npiunt, and salt
prcyararl opium,) [or to beep a..
xnrn&inry dirar.)
OFFICE OF THE SLTI'ERI1iTE\DENT OF POLICE,
Hongkong, 185
.
(r1.73.) of [insert native place,] [insert calling] is hereby licensed to
[as t)ce ease may be] under the
provisions of Ordinance No. 4 of 1803 on the premises known as [describe
the premises ntcntionitag tTtw
auntbcr of the house and the name of Me street.]
This licence will remain in force until the close of the current year
ending on
A fee of dollars is to he paid at the Colonial Treasury on the
day of each month, until the expiration of the term, and in default of
payment will be levied on the
Property of the defaulter.
Clzzrf Olaryistrata.
On the
For the retail of spirituous liquors
Superintendent tfPalica..
day of
(This racaipt fn be repeated artnntlzly.]
SCHEDULE C.
1'aas payable on Licences.
185 received the fee of $
(!3. IL)
Colonial Treasurer.
retail of raw opium $30
preparing opium, or selling prepared opium, or both ,.$20 r Per month in
advance
keeping a smoking divan
[Repealed by Ordinance No. 7 of 1858: See also No. 2 of 1858.]
281
Title.
Preamble. Certain provisions of Ordinance No. 11 of 1844 as to the mode of granting licences, &c., not to apply to Chinese.
Superintendent of Police to grant licences to sell spirituous licences to Chinese only.
Former opium regulations annulled.
Opium not to be retailed or prepared without a licence.
Prohibition against importation by unlicensed dealers.
Superintendent of Police may grant licences to retail or prepare opium.
Superintendent of Police may require licence holders to make certain returns, and may establish rules for the preservation of order in smoking divans.
Penalties for offences against licence. Opium to be the exchanged for money only.
Search warrant may be granted for seizure of liquor or opium intended to be unlawfully retailed.
What fees to be charged.
Fees not paid may be levied by distress.
Not to apply to existing licenses.
Penalties how recoverable. 319
Abstract
281
Title.
Preamble. Certain provisions of Ordinance No. 11 of 1844 as to the mode of granting licences, &c., not to apply to Chinese.
Superintendent of Police to grant licences to sell spirituous licences to Chinese only.
Former opium regulations annulled.
Opium not to be retailed or prepared without a licence.
Prohibition against importation by unlicensed dealers.
Superintendent of Police may grant licences to retail or prepare opium.
Superintendent of Police may require licence holders to make certain returns, and may establish rules for the preservation of order in smoking divans.
Penalties for offences against licence. Opium to be the exchanged for money only.
Search warrant may be granted for seizure of liquor or opium intended to be unlawfully retailed.
What fees to be charged.
Fees not paid may be levied by distress.
Not to apply to existing licenses.
Penalties how recoverable. 319
Title.
Preamble. Certain provisions of Ordinance No. 11 of 1844 as to the mode of granting licences, &c., not to apply to Chinese.
Superintendent of Police to grant licences to sell spirituous licences to Chinese only.
Former opium regulations annulled.
Opium not to be retailed or prepared without a licence.
Prohibition against importation by unlicensed dealers.
Superintendent of Police may grant licences to retail or prepare opium.
Superintendent of Police may require licence holders to make certain returns, and may establish rules for the preservation of order in smoking divans.
Penalties for offences against licence. Opium to be the exchanged for money only.
Search warrant may be granted for seizure of liquor or opium intended to be unlawfully retailed.
What fees to be charged.
Fees not paid may be levied by distress.
Not to apply to existing licenses.
Penalties how recoverable. 319
Identifier
https://oelawhk.lib.hku.hk/items/show/79
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 4 of 1853
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SPIRITS & OPIUM ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/79.
