OPIUM ORDINANCE, 1909

OPIUM ORDINANCE, 1909

No. 23 of 1909.
To amend and consolidate the lairs relating to Opimn and its
compunds.

1. The Opium Ordinance, 1909.

2. In this Ordinance,-

[2nd September, 1909.]

---Raw opium--- means any kind of opium not prepared for
smoking, chewing, swallowing or injecting, and includes the leaves
or wrappIngs in which opium balls have been wrapped:

Prepared opium---means any preparation of opium. or any pre-
paration in which opium forms an ingredient which preparation is
used or intended to be used for smoking, but it does riot include dross
opium or any of the alkaloids or salts of the alkaloids of opium

As aniended by No. 12 of 1912.
f As amended by No. 11 of 1910, No. 50 of 1911, No. 12 of 1912,
No. 13 of 1912, No. 22 of 1912 and No. 43 of 1912 Supp.
Sehed.





The subjecting of opium of any kind to any degree of artificial
heat, for any purpose whatsoever, shall be taken to be the preparing
of such opium :

Opium dross--- means the residuum produced by smoking pre-
pared opium:

---Dross, opium--- mean., a preparation of opluin in which opium
dross is an ingredient :
---Halan ' means the residuum produced by smoking dross opium

---Compound of opium---nieans any substance except opium pre-
pared for smoking purposes, which contain.-, any constituent or
alkaloid or salt of an. alkaloid of opium :

The presence of meconic acid and of one other constituent of
opi tim shall be considered to be proof of the presence of opium

' Morphine---includes morplila and all salts of morphine and any
solution or preparation containing morphine or its salts :
' Opium' includes raw opium, oium, prepared opium, opium dross,
dt..oss opium, halan, compounds of opium and inol-phine :
' Chest of opitini---rneans i package with the raw opium contain-

ed in it of the size and character generally used by merchants for the
importation of raw opinin :

Loose opium ---ineans all raw opium folind or discovered other-
wise than in a chest full of one quality of raw opium
---The Colony---includes the waters of the Colony

---Farm---means any exclusive privilege granted tinder this Ordi-
dinance :

'farmer 'means any holder Of any slich exclusive privilege

Oplurn farmer--- ineans the holder Of the exclusive privilege of

preparing and selling prepared opium in the Colony, either inclusive
or exclusive of dross opium:
Dross farmer--- means the holder, if any, of the exclusive pri-
vilege of collecting and purchasing opitun dross and preparing and
dealing in dross *opium in the Colony:

Where there is no opium farmer, or no dross farmer, this, Ordi-
nance 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 fariner, or as if the Colonial Secretary,
or any person licensed for the purpose by the Colonial Secretary,





were expressly named instead of the dross farmer. And payment
or delivery to the 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

Ship--- includes any steam-vessel, sailing-vessel, junk, boat, or
sainpan, and any kind of craft used or adapted to be used either for
the conveyance of persons or things by water or for occupation by
persons or storage of things, whether afloat or not :

---Steamship--- Includes any vessel propelled by steani and any
motor boat :

---Opium divan--- includes any house, Ship, room, or other place
used-
(1) for the sale of prepared oplurn or dross opium to be smoked
on the premises; or

(2) for the smok ing of prepared opium or dross oplunt where a fee

or its equiValent is charged

-.Divan keeper--- nieans and includes the occupier or person
having the use temporarily of any opluni divan, or any person having
or appearing to have the care or management of such place, and also
any person who acts in any manner assisting in conducting the busi-
ness of any such place or keeping watch in or about the same
---Implement--- rneans any vessel, utensil, instrument, or other
thing which has been used, or which is probably intended to be used,
for containing opium, or foror 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 :

---Chemist or druggist--- means a cheinist or druggist registered
under the Pharmacy Ordinance, 1908 :

---The Superintendent--- ineans the Superintendent of Imports
and Exports:
---Commissioner of Customs means a Conn-missioner of the Chi-
nese Maritime Customs:
---Importer---means and includes any person who brings or causes
to be brought by land or sea any opium into the Colony, and the
owner, part 'owner, mortgagee, and pledgee of any opium brought





by land or sea into the Colony by such person, and any agent who
lias authority to transfer ownership or possession or holds documents
of title to such opium; but does not include any shipowner or other
common carrier who carries opinin in the ordinary course of business
for the importer thereof :

- To export - means and includes to convey out of the Colonv
and to do .iny act preparatory to or for the purpose of causing con-
veyance, out of the Colony.

PART I.

RAW OPIUM.

3.-(1) No person shall import, or aid or abet the importation of
any raw opiuni into the Colony if such iniportation shall have been

notified in the Gazette in pursuance of any resolution of the Legisla-
tive Council a., being illegal.

(.2) The provisions of sub-section (1) shall not apply, to opium
Miported by or for the use of the opitini fanner xvith the writteri
consent oil the Supernitendent previously obtained, and further,
shall not apply to opiurn brought into the Colony on any steamship
under a bill of ladin,g to some place to whicb such opium may by the
laws of sucl) place be lawfully imported, provided that such poium
shall not be reinoved froin such steamship whIlst in the waters of
the colony.

(3) No person shall import, or aid or abet the linportation of all
loose opium into the Colony.

4.-(1) It shall be lawful for the Treasurer, on such ternis and
condition,,, as may be approved by the Governor-in-Couneil, to grant
licences for the sale or export of loose opium, and no person, except
the holder of such a licence, shall be permitted to sell or barter
within the Colony or to export from the, Colony any loose opium
except as provided in section 6.

(2) A licence to sell raw opitun wrappings intended for export in
quantities less than one chest shall be. Issued to the opium farmer
free ol charge for the period of his farni.

As amended b ' \ No. 39 of 1911, No. 12 f ISM 2 and, No. 43 of 1912
Supp. Sched.
As wilended by No. 50 of 1911 and No. 12 of 1912.





(3) It shall not be lawfill to purchase, sell, or barter quantities less
than one ball of Berigal raw opium or 3 cattles of AIalwa, Persian,
or Turkish raw opium in the Colony.

5. it shall be the chity of the holder of a licence granted under
section 4 to altach to all parcels of loose opitnii sold by him a certi-
ficate in form 1 in schedule A.

6. NO persor), except the opium farmer or a licensee under section
4 shall have in his possession or under his custody or control any
loose opium without a certificte of purchase from a licensee, unless
he can show , to the satisfaction of a Magistrate-
(a) that the said loose oplimi is covered by a certificate of 011C of
the licensees; and
(b) that he has received it mider an official export perwit under
section 10 :
-Provided always that it shall. be in the absolitte discretion of the
Superintendent to grarit or withhold the same wid ffiat this secti
shall not apply to samples not exceeding 2 taels covered by a certi-
ficate of the importer, which certificate shall be countersigned by the
opium farmer.

7.it shall be the duty of everry licenseee under section 4 to keep a
register of the particulars of purchase and sale, in such form as the
Governor may order.

8.-(1) Every persoti who offetids against the provisions of
tions 8, 4 or 6 shall, on summary cnviction, be liable to a fine not
exceeding 1,000 dollars together with the lorfeitirre of the raw
opium, or the Magistrate inay order a period of imprisonment, in
lieu of a portion of the penalty, provided the whole imprisonment
does not exceed 6 nionths.

(2) Notwithstanding the penalty for the breach of conditions to
which a licensee under section 4 is subject, it shall. be lwful for a
Magistrate to impose on such licensee a fine not exceeding .500
dollars for a breach of any such conditions in case it may not be
deemed advisable to proceed for the full penalty under the licensee's
bond.

* As antended b ' x No. 50 of 1911 and No. 12 of 1912.
+ As amended b - v '.\o. 12 of 1912 and No. l.3 of 1912.
As ainended 1) ' v Xo. 30 of 1911, No. 12 of 1912, No. 13 of 1912
and Xo. 21 of 1912.





9. Every person importing into the Colony raw opium shall
forthwith report the saine to the Superintendent giveing the number

of chests, and shall, before landing such opium or any part
thereof, send or cause to be sent to the Superintendent a. requisition,
in forin 2 in schedule A, giving the particulars therein required,
wheretipon the Superintendent shall furnish a pernilt, in form 3 in
the sald schedule, authorising the raw opluni to be landed and stored,
and siteli perinit shall be exhibited to the oplum fariner or his agent,
and shall be s'll-ned by Inin or his agent, and shall not be used or
acted twon until it has been so signed.

10-(1)Every person moving raw opittin for exportation shall,
before doing so, send to the Sitperintendent a requisition, in form 4
in schedule -A, furnishin- the particulars therein required, where-

upon the Superintendent shall grant in export permit, in form .5 in

the said schedule, authorising the sald raw opinni to be exported.


(2) The owner or shipper shall cause stich permit to be exhibited
to the opium farmer or his agent, and stich permit shall be signed
by him or his agent, and shall not be used or acted upon until it has
been so signed.

11.-(1) The superintendent shall furnish the master of every
ship carrying raw opium for export with a memeorandum containing
the particulars set forth in form 5 in schedule A, and no vessel carry-
ing raw opium shall, subject to the provisions of section 13, depart
from the colony without such memorandum.
(2) The Superintendent shall furnish the master of every
bound for a port in China, farward a duplicate of such memorandum,
by post, to the Commissioner of Customs at the port of destination,
in the case of a junk or steam launch or motor boat, he shall farward
the said duplicate memorandum to the Hongkong and shanghai
Bank at Hongkong for transmission to the Commissioner of customs
controlling the customs station through which suh raw opium is to
pass.
12. Elvery person who inoves a ebest of opium froln one. place to
another witbin the Colony or transships stich chest withill the waters
thereof shall, before. doing so, furnish to the SuperintendeDt a re-
quisition properly filled up, in form 6 in schedule A, whereupon the
Superintendent shall furnish a prmit,in form 7 in the said schedule,
As amended b\ _No. 50 of 1911, No. 12 of 1912 aii(l No. 13 of 1912.
As atilended by No. 50 of 1911.





authorising the removal or transshipmetn of the said raw opium,
which permit shall be exhibited to the opium frrmer or his agent,
and upon until it ha been so signed.

13. In the event of the arrival it or departure from the, colony of
any steamship carring raw, when the Superintendent's office office
is closed or may be closed before application for a pernilt call be
made', it shall be lawful for the agetit of stich stean',ship to land or
ship any raw opium which is entered on the ship's nianifest without
a permit, and to deliver any raw ophim so landed to the owner or
consignee thereof or to keep the same, in his own custody, but, so
soon thereafter as the Superinterndetn's office is opened, the said
agent shall apply for the necessary pernilt and furnish the reopuslite
particulars.

14. In the event of the deparWre Front tbe Colony of' any steam-
ship bound for a port in China carrying before applica-

tion for in export permit can be made (in the ciremnstances stated
in the last section), the shall, on rceipt of the
requisite particulars, telegraph the same at the expense of the
exporter to the Commissioner of Customs at the post of destination,
and forward, as soon as practicable, the memorandumm provided for
in section 11 500 dollars.


15. The inaster of the departing from the Colony 'without
the memorandum reqby section 11 (except in the case provided
for by section 13) shall, on sun-iniary conviction, be, liable to a, fine
not exceeding 500 dollars,

16. Except as provided in section 13, no removal or movement of
raw oplurn whatever. under sections 10 and 1.2) shall be, allowed be-
tween 6 p.m. and 6 a.m. Irom October to Mareb, inclusive, or
between 7 p.m. and .5 from Aprfl to September, inclusnve,
unless the requisition mentioned in the sald sections so states and
unless the Superintendent in his discretion, in and by the permits
mentioned in the sald sections, so directs.

17. Every person who offends against or does not coniply with any
of the provisions of sections 9, 10, 12, 13 and 16 shall, on summary

A., amended by. No. 50 of 1911 , No. 12 of 1912 and No. 13 of 1412.
A~ amended by No. 30 of 1911. No. 12 of 1912 and No. 21 of 1912.
AR ainended ~Y No. 51 of 1911. and No. 12 of 1912.
As amended ~y No. 30 of 1911, No. 12 of 1912, No. 13 of 1912
and No. 21 of 1912.





conviction, be liable- to a fine not exceeding 500 dollars, and,
further, any raw opium imported, exported, stored, or moved, or
attempted to be imported, exported, stored, or moved, contrary to
the provisions of any of the. foregoing sections shall be seized and
may be forfeited.

18-(1) Every importer of raw opluniand person storing the same
shall keep a register, in such form as the Governor may require,
showing the number of chests imported or stored by hini and how
and to wboin they were disposed of.

(2) _Marks and Government mimbers lit the case of Beingal. opium
shall be oriveti, and such other marks or numbers, in the case of other
sorts of raw oplurn, as the. Soperintendent way require to be placed
upon them

( 3) Every offence for non-conipliance with the requirements of
this section shall be punishable with a fine not exceeding 500
dollars.

19-(1)The Superintendent or his deputy shall be at liberty at
any time and as ofteu as he may think fit, to demand in writing
front every person having any raw opium in his possession, custody,
or control an account in writing of the ram, opium so held at the time
of such demand, and, in the case of chests, the inarks and numbers,
and the Superintendent or his deputy shall be at liberty at any time
to enter the ptrmidrd where such raw opluin is and to inspect the
same.

(2) Every person who refuses to give such account or without
reasonable caiise shown, to permit such entry, or gives a false or
incorrect account, Shall, on slumnarv coii~7letion, be liable to a, fine
not exceeding 500 dollars, in addition to any other penalty which
may be recoserable under the terms and conditions nieDtioned in
section 4.

20. If any raw opium is found, on a search authorised under this
Ordinance, to have been imported contrary to the provisions thereof
or to be missing from the place in which it was stored on importation
or from the place where, according to the permit, it ought to be
found stored, the person in whose possession such raw opium so
imported may be found, or in whose name such raw opium so miss-

As amended b ' v No. 30 of 1911.
As amended by No. 30 of 1911, No. 12 of 19;2 and No. 21 of 1912.
As amended hy No. 30 of 1911, No. 13 of 1912 and No. 21 of 1912.





ing has been so stored, shall, on summary conviction, be liable to a
fine not exceeding 500 dollars for every chest of opium which is
found to have been so imported or to be so missing.

21. If the opium farmer refuses or neglects, or without sufficient
cause unreasonably delays, to do any of the-acts or things herein-
before provided and required to be done by hirn, he shall, on
summary conviction, be liable to a fine for each such offence not
exceedino, 500 dollars.


22. The half of all fines inflicted by a Magistrate for any offence
against this Ordinance in respect of raw opium or loose opium shall,
when the arrest and conviction are due to action taken by the opium
farmer or his excise officers, be paid to the opium farmer, and the
raw opium or loose opium in respect of which such offence has been
committed shall be forleited by the '-'\laoIstt.ate and may in his
discretion be adjudged to the opium farmer.

PART 1I.
PREPARED OPIUM AND DROSS OPIV.M.
Farnis.
23.-(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 be determined by the Governor-in-Council,
the sole privilege of preparing opium and of selling prepared opium
within the Colony and either inclusive or exclusive of the privileges
mentioned in this Ordinance in relation to dross opium.

(2) Such privilege may be offered for sale either by sealed tender
or at public auction, and the time for sending in such tenders or of
holding such auction shall be previously notified in the Gazette, in
English and Chinese, and by advertisement in one or more daily
newspapers.

(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 give

As amended by No. 30 of 1911 and No. 21 of 1912.
As amended by. No. 21 of 1912.
As arnended by.No. 50 of 1911 and No. 1.3 of 1912.

1





such security as the Governor-in-Council may require for the due
performance of the conditions of such privile.ge and of his stipula-
tions or agreement in respect thereof.


(.5) The farmer shall not, without the permission in writing of
the Governor, assign or sub-let to any person any of the rights and
privileges vested in hum by the contract, and such assignment or
sub-lease if allowed sha11 not in the absence of any express state-
ment to that effect operate to relieve the farmer or his sureties from
any liability under the contract or froni liability for the acts of the
person to whom such assignment or sub-1ease may be inade.

(6) The farmer or dross fariner shall not inanufacture or prepare
or sell or offer for sale or authorise any, person to sell or offer for
sale any prepared opium or dross opluin of a quality other than such
Rs may be prescribed by regulation under this Ordinance.

(7) The farnier shall perinit the Superintendent and the Govern-
nient Analyst and such other European officers as may be appointed
.generally on that behali by the Governor, to enter and 1D.Spect the.
farin office. and -any ace used by the farniet. for the business of
manufacturing, preparing, storing, distributing, or selling opium,
and every of any such place, and shall further pernut any such
officer to take for analysIs saniples of raw opluin, prepared opium,
dross opium, opium dross or halan, or any niaterials used or capable
of being used in the preparation thereof and lound therein.

(8) The farmer shall upon demand by the Superintendent or
other European officer as aforesaid produce for his inspection and
permit him on behalf of the Government to inspect, examine, and
take extracts from all books of account kept by the farmer in con-
nection with the business of the farm or in connection with the
farin partnership, and all bank pass-books, agreenients, contracts atid.
other documents whatsoever examination of which may be necessary
or desirable to permit of a thorough investigation by the Govern-
inent of the manner in which the farm business is conducted and
of the profits or losses arising tberefrom.

24. All applications, notices, and process required to be made,
given or served to or upon the farmer under this Ordinance or under
the terms of any farm, may be directed to ---the Opium Farmer
without giving the name of any person, and. may be made, given
or served at the farm office between 6 a.m. and 6 p.m. on any day

As amended by No. 51 of 1911, No. 12 of 1912 and No. 22 of 1912.





in the year, including holidays, and such service shall be deemed to
be. good and effectual service for all purposes.

25.-The opium farmer may, in his discretion, grant licences
to suitable persons authourising themto sell prepared opium or dross
opium but subjct to such cnditions as may be approved by the
Governor-in-council.
(2) When there is no opium farmer th eGovernor-in Council
may, in hsi discretion, granat licences to suitable persons authorising
them to prepare and sell prepared opium and dross opium on such
conditions a may ne approved by the Governor-in council

26.-(1) The governor-in Council may, on such terms as he may
think expedient, grant the privilege of collecting oplinn dross and
of preparing and dealing ill dross opium.
(2) The grantee thereof nlay grant licences to Persom., approved
by him to collect opium dross or to prepare or deal lit dross oplUM.
(3) Every such licensee, when collecting, shall such bad've
as the Governor way direct.

27. If the consideration money for ally privilege granted under
this Ordinance or ally instalnient thereof, is not paid within one
month .next after the clay appointed for the payntent tliereof, the
said privilege shall become null and void upon the Governor-
in-Council publishing a notification in the Gazete to that effect
and, over and above all other liabilities tinder this Ordinance or ally
conditions of such privilege, the fariner sliall be liable to nIake good
to the Governor all losses or expenses incurred by reason of such
default in payinent, or by reason of ally re-sale or re-rant of such
privilege which the G over nol-in -C ouncil may thereupon inake, and
to make which lie is bereby authorised.

Transfer of Farm
28.(1)The opium farmer shall, one month before his privilege
expires, give public notice, in forin 3 in schedule B, that
such privilege is to expire on the day nanied lit such notice, which
shall be the last day of his exclusive privilege, and that no prepared
opium or dross 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.

As amended by No. 50 of 1911.
As amended by No. 12 of 1912.





(2) Such notice shall be printed in English and Chinese, and the
farmer shall supply copies thereof to all persons licensed by him
tinder this Ordinance, and every such licensed person shall exhibit
such notice in the place where he sells prepared opium or dross
opium, in a conspicuous position, so as to be plainly visible to every
person entering such place.

29. The opium farmer shall riot, during the 3 months preceding
the end of ins terin, prepare more than the usual quantity of pre-
pared opium and dross opium, and neither lie nor his licensees shall,
during such 3 months, sell any prepared opium or dross 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
terin 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 or dross opium,, but shall make over to the incoming fariner
the full and complete stock of raw opium, prepared opium and
dross opliuni then in his or their possession, at the marketable value
thereof, togethere with all furniture, fittings, and implements
used in or about the opluin farmer's premises for the purposes of
his privilege, and the incoming farmer shall be bound to take over
and pay for the same accordingly.

30. All licensees of the Governor-in-Councll under section 2.5
when there is no opium farmer, shall, during the last 3 months of the
period of their licences, be subJect to such restrictions as to the
eltiaiitliles of prepared opium and dross opium they shall prepare
and sell as the Governor-in-council may determine.

31-(1) In the event of any difference arising between the in-
coming and outgoing opium farmers as to the quantities of prepared
opium or dross opium produced or-sold during the last 3 months of
the term and the value of the same, or as to the nature and quanti-
ty.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 bc 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 here-
by empowered to decide in each particular case, what are usual

As amended by No. 50 of 1911 aild No. 12 of 1912.
As amended by No. 12 of 1912.





quantities of prepared opium and dross opium within the ineariing
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.

32. In case either the in.conling or the outgoing oplual larmer
falls to appoint an arbitrator within 10 days from his receiving
notice from the Governor to do so, the other two arbitrators inay
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 sald Code.

33. The Governor shall fix the time withlo which the award of
the arbitrators is to be completed, and such tinte shall be specified
on the appointment of each arbitrator.

34. The arbitrators shall have the same powers as if the appoint-
illeid and reference to arbitration had been inade by an order of the
Supreme Court under the said Code.

Importation and Exportati0P.
35.-(1) It shall be, lawful for the opium farmer, subject on each
occasion to the consent of the Superintendent signified ill writing
under his band having been obtained, to bring into the Colony
prepared opium, opium dross, dross opimn, or halan. No person
except the opium farmer acting with such consent shall bring into
the Colony any prepared opium, opium dross, dross opium, or
halan.

(2) No person, except the opium farnier, his licensees, and
persons duly authorised by him in writing, shall have in his posses-
sion within the Colony any prepared opiurn withoid having a valid
certificate under section 39.
(3) No person shall have in his possession within the Colony
any dross opium without the knowledge and*consent of the dross
farmer.

* As amended by No. 12 of 1912.





(4) No person, except a dross farmer or a duly licensed person
tinder this Ordinance, shall, within the Colony collect opium dross
or halan or have in his possession, without the knowledge and consent
of the dross farmer or his licenses, any opium dross or halan, except
such as may be the result of his own smoking or of smoking on his
own premises (rhe burden of proof whereof shall lie on such person),
and such oploin dross or halan shall in no case exceed 2 taels in
weight: Provided tliat when any person has in his possession any
soch oplurn dross or halan in excess of 2 taels in weight, and gives
notice thereof to the dross farmer, the dross farmer shall purchase
the same at a fair and reasonable rate.
(.5) -N-o person shall bave in his possession any opium dross or
halan except such as results froin snioking the opium farmer's pre-
pared opinin or dross opium.
(6) No person shall sell any opium dross or halan except to the
oplinn farnier or dross farmer.

36. It shall be unlawful for the opittin farmer, his licensees or any
other persons whomsoever to export or cause to be exported pre-
pired opium or dross opiton front the Colony to China or French
Indo-China or to any country which prohibits the import of prepared
opium or dross opium.
Provided always that this section shall not be construed as ap-
plying to the possession by -a passenger by steamer from Hongkong
to China or French Indo-China or to any such country as aforesaid
of a quantity of prepared opium or dross opitun, to be used for per-
soal consumption on the voyage, not exceedign 5 mace fro every
day of the Voyage.
Provided also that the nanies of all countries which prohibit the
import of prepaued optnin or dross opium shall be notified in the
Gazette.

37. No persoll shall export any prepared opium or dross opium
from the Colorly to alty cotintry or place to which it is lawful to
export. the same, iin!ess lie shall first obtain the permission in writ-
ing of the Superintendent who may require such particulars of des-
tination, mode ol despatch or otherwise as he rnay deem necessary.
Provided always that this section shall not be construed as ap-
plying to the possession by a passenger by steamer from Hongkong

As amended by 'No. 12 of 1912.
As amended by No. 11 of 1910 aild No. 12 of 1912.





to any country or place not within the Co.ony of a quantity of pre-
pared opium. or dross opium, to be used for personal consumption
on the voyage, not exceeding .5 mace for every day of the voyage.

Sale of Prepared Opium.
38-(1) No person, except the opium farmer, shall prepare
opium withirt 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 or dross opium.

(3) No person except the opium farmer or dross farmer or any
person duly licensed tinder this Ordinance to deal in or prepare dro.~9
opium sliall deal in or prepare any dross opium.
Provided that no trader in onium. shall be prevented from bond

fide testing samples of opritin coveredd by a certificate tinder the
proviso to section 6, and keeping the same for tbe purposes of his
trade, the burden of proof whereof shall in each case be upon anY
person alleging the saine in his defence.

39.-(!) Every person selling prepared opium, shall deliver

therewith a certificate, in English or Chinese. in such form as the
Governor may appiove, specifying the date of the sale, the name
of the purchaser, and the quantity sold.

(2) The certificate shall be issued frorn books provided with
cotinterfolls, and both the certificates and the counterfoils shall bear
corresponding and consecutive printed numbers.
(3) The certificate shall be stamped by the seller with the stanip
used by him in carryIng on his business, and shall be evidence of
the facts therein stated; it shall not be transferable.

(4) If any person is charged with the possession of prepared
opium without 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 prepared 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
prepared opium, which permission shall appear on the certificate
produced or put in evidence.

As amended by No. 12 of 1912.
As amended by No. 50 of 1911, No, 12 of 1912 and '-\o, 13 of 1912.





(5) When there is no opium farmer the certificate shall be in
form 92 in schedule B.

(6) No person shall sell any prepared opium or dross opium to
any female or to any person under 16 years of age.

40. No certificate granted by the opium farmer under section 39
or by any licensee under the opium farmer sball be valid after noon
of the third day from the date of the expiration of such opiuna~
farmer's priviledge.

Regulations.
41. The Governor-in-Council ma make regulations for any of
the following purposes:-

07) to determine, the quality of prepared opium and dross opium
to be sold by the opium farmer or dross farnier or their licensees;
(b) to determine the pack-ages and receptacles in which prepar-
ed opium and dross opium shall be sold to the public and the
quantities to be contained therein;
(c) to prescribe the keeping of such books and registers and the
making of such returns by the opium farmer or the dross farmer as
may be cAsidered necessary or desirable to permit of a thorough
investigation being made by the Government of the manner in
which the farm business is conducted and of the profits or losses
arising therefroni.

42. The Governor-in-Council may also make regulations as to
the fines for breaches of any conditions or regulations made under
this Ordinance which shall be levied in the saine manner as the
fines imposed by this Ordinance.

Opiunt Diia,)is.
43. No person shall open, keep or use any opium divan.

44. The keeper of an opium divan shall, on summ:iry conviction,
be liable to a fine not exceeding 500 dollars.

45. Every person who in any opium divan smokes prepared
opium or dross opium shall, on summary conviction, be liable to
a fine not exceeding 25 dollars.

As amended by No. 12 of 1912.
As amended by No. 50 of 1911 and No. 13 of 1912.
As amended by No. 50 of 1911, No. 12 of 1912 and No. 13 of 1912.
T As amended by No. 30 of 1911.





46. A person found in any opium divan or found escaping there-
from on the occasion of its being entered under this Ordinalice,
shall be presumed, until the contrary is proved, to be or to have
been smoking prepared opium or dross opium therein.

47. Whenever it appears to any Justice of the Peace upon th
oath of any person that there is reasonable cause to believe that any
,Place. is an opium divan, such Justice of the Peace may by his
warrant directed to any police officer empower such officer by day
or by night to enter and if necessary to break into siieh place and
to arrest any persons and to seize any prepared Opium or dross Opium
and implements for the smoking of prepared opium or dross opiun
as may be found therein, all of which shall and are hereby declared
to be forfeited.

PART III.
MORPITINE, AND COMPOUND-, OF OPIUM.
48. Every person who adininisters by injection any morphine to
any other person, except when it has been prescribed by some
medical practitioner, shall, on summary conviction, be liable to a
fine not exceeding 50 dollars, or to imprisoni-nent for any terem not,
exceeding 2 months.

49. Every person who, except when it has been prescribed by
some medical practitioner, furnishes morphine to any person,
except to a medical practitioner or to a chemist or druggist, shall,
on sunimary conviction, bc liable to a fine not exceeding -50 dollars,

or to imprisonment for any term not exceeding 2 months.

50. It shall be lawful for any police officer, dulv authorised by
warrant of any Justice of the Peace (which shall be in the form
in schedule C) 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 the information upon oath of any person, or of his
own knowledge, have reasonable grounds to suspect and believe to
be a place kept or used for the injection of morphne 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

A. amended by 1- 51 of 1911, NO. 12 of 1912 and No. 13 of 1912.
As amended by No. 30 of 1911, NTO. 12 of 1912, _No. 13 of 1912
and No. 21 of 1912.
As amended by No. 50 of 1911, No. 51 of 1911 and No. 12 of 1912.





he may suspect to have acted or to be actincy in contravention of

this Ordinance, and to sieze all morphine, hypodermic syringes,
and other appliances which may be Found there and which are
capabel of being used for the injection of morphine, and, on con-
viction of the offender, or in any case, if the Magistrate so orders,
they shall be forfeited and be dealt with as the 'Magistrate may
direct.

51-(1) It shall be lawful for the Principd Civil Medical
Officer to grant licences to sneh persons as lie may think fit for
importing for sale or use with the Colony, preparign, manufac-
turinga, or dealing in morphine and compounds of opium, provided
that the total nurnber of licences which may be granted and the
conditions of such licences shAl be deternilned by reaulations made
by the Governor-in-Council.

Any person importing, manufacturing or dealing in morphine
or any compound of opium without such licence shall be guilty of
an offence.

(3) Any such licence inay-be . revoked by the Governor-in-Council
at his discretion without assigning catise.

(4) There shall be paid for each such licence an annual fee of 25)
dollars which shall he awarded to the opium farmer, and the holder
of any such licence shall pay to the oplium farmer a royalty
calcidated at the rate of 10 dollars per tael of niorphine and
4 dollars per tael of opium or compound of opium other than
morphine, royalty may be recovered by the opium farmer in
a summary way before a Magistrate.

(.5) If the holder of any such licence does riot comply with-the
condition-,- of the licence he shall be guilty of in offence.

52. No person shall export morphine or any compound of opium
from the Colony to China or to any country which prohibits or
restricts the import of morphine or of such compound of opium,
except in such quantities and subject to such regulations as may be
prescribed by the country to which such export is intended,
provided that the names of all countries which prohibit or restrict
the import of rnorphine or of compounds of opium and the regula-
tions prescribed by such countries as aforesaid shall be notified in
the Gazette.

* As atnended by No. 12 of 1912.





53.-(1) It shall be lawful for the Superintendent lo grant
licences to such person as lie may think fit to import for exporl and
to export morphine and compounds of opinin from the Colony to
such countries as do not prohibit the inport of inorplilne and com-
pounds of opium.

(2) Any such licence inay be revoked b the Governor-in-council
at his discretion without assigning cause.

(3) There shall be paid to the Governine.nt for each such licence
an annual fee of 2 dollars.

(4) The conditions of such licences shall be deterininod by regula-
tions inade by the Governor-in-Council.

(5) Any person importing for export or exporting morphine or,
any compound of opium without such licence shall he guilty of' all
offence.

(6) If the. holder of any such licence does not compy with the
conditions of the licence lie shall be guilly of in offence.

(7) The holder of any such licence shall, at tho lime of imprta-
tion, and also at the time of exportation of morphine or any com-
pound of opium, truly declare before the Superintendent the places
or ports of destination of such morphine or compound of opitun,
and no licensee or other person shall thereafter break bulk or
otherwise gain access to such morphine or compound of opium
prior to the exportation thereof. Any such licensee or otber person
violating the provisions of this sub-section shall be guitlly of
an offence.

(8) If the Superintendent is not satisfied that the shipment of
morphine or any compound of opium I's being inade in accordance

with the regulations of the place or port of destination lie shall
refuse to allow the export thereof.
(9) This section shall not apply to inorphine. or any compound
of opium in transit through the Colony under a through bill
of lading without transshipment to the ultimate place or port of
destination.

53a.-(1) Any person not holding an appropriate licence tinder
section 51 or 53 found in possession within the Colony of
any morphine or compound of opium shall be deemed to have

As amended by No. 12 of 1912 and No. 13 of 1912.
As ainended by No. 11 of 1910, No. 12 of 1912 and No. 23 of 1912.






committed- an offence, intless lie proves to the satisfaction of the
Court or Magisfrate either that sxich morphine or compound
of opitini is exempt froin the provisions of this Ordinance, or that
lie, obtained possession of such morphine or compound of opium in
accordance with reuiflations inade tinder this Ordinance.


(22) Any, person not holding ,in appropriate licence under section
51 or 53 found in possession within the Colony of more than 12
official doses of morphine or any, compound of opium shall be
deenied to have committed in offence, unless he proves to the satis-
faction of the Cond or a Magistrate that, stich morphine or com-
potind of opittin is exenipt froin the provisions of this Ordinance'.
Provided that the persons eintmerated lit section 11, sub-sections
1 1 3 (a), (b) , (c), and (d) of the Pharmacy Ordinance, 1908, may
have. in their possession a quantity reasonably required for their
practice.

(3) - Official dose - ineans a quantity equal to the maximum safe
(lose for an adnIt according to the British Pharmacopoeia.

54.-(1) On the importation of morphine or any compound of
opium by a licensee tinder sections .51 and 53, the said licensee, or
in cases where the licensee is a limited company the manager
thereof, shall before applying for or taking by himself or his ser-
varits delivery of the morphine or compound of opium make
a declaration before the Superintendent stating the nature and
amount of the goods to be imported.

(.2) Any person required to inake a declaration tinder this see-
tion fails to make a declaration or who makes a false declara-
tion shall be guilty of in offence.

55. Any master of a vessel carrying morphine or compounds of
opium in transit through the Colony tinder a through bill of lading,
who shall discharge stich morphine or compounds of opium in the
Colony without declaring the same to the Superintendent, shall be
guilty of an offence.

56. The inay at his. discretion exempt any
medicine containing morphine or opitini or any compound of opiuni
manufactured locally or imported from Europe, America, or any

As ankended bY No. 33 of 1910 and No. 12 of 1912.
As amended bY No. 12 of 1912.
As ainended by No. 11 of 1910.





British Colony from any of the provisions of this Ordinance.
The name and description of -any medicine so exempted shall be
published in. the Gazette.

57. The Governor shall establish one or inore bonded warehouses
for the use of dealers in morphine and compounds of opium
imported for exportation and not for use or sale in the Colony, and
all such morphine and compounds of opium shall be stored in such
warehouse or warehouses.

58. The Governor-1 11-Coui tell may nia,ke regulations with regard
to the. storage -arid removal of inorphine and compounds of opium in
and from such warehouses, to the payment of cliarges for storage,
therein and to such other purposes as the Governor-in-council
deem desirable.

PART IV.

GENERAL.
Excise Officers.
59. The Governor inav appoint, in form 1 in schedule B, such
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,,
and May at anu tim revoke such appoiffitinent.

60. Every person ',lio ass-nines, without lawful authority, to act
,is an excise, officer shall be liable on sumniary conviction, to a fine
not exceeding 100 dollars.

61. The name and ,i,ddi.ess of every excise officer shall be posted
m a conspicuous place at the Police Court.

62. Every excise officer shall be supplied with a badge bearing
such sign or mark of office as may be directed b3, the Governor.,
and when acting against ally person under this Ordinance, every
excise officer shall declare his office, and produce to the person
against whom he acts his said badge.

The badge shall be worn outside the sleeve of every excise officer
detailed for the searching of persons on public wharves or for

As aniended by, No. 50 of 1911 and No. 12 of 1912.
As aniended by No. M of 1911, No. 12 of 1912 and 'No. 13 of 1912,
As aniended by No. 80 of 1911 and No. 12 of 1912.
AS aLnetided by No. 12 of 1912.





executing opium warrants, and shall show the excise officer's office
and number.

63. Not more than a- excise officers shall at the same tirne enter
or be in a house or floor of a house wholly in the occupation of one
Chinese family for the purpose of executing a search warrant, and
each of thern shall be provided with a dark lantern.

64. Excise officers detailed to execute a search warrant shall allow
theniselves to be searched by the. police belore leaving the police
station from which they proceed to the search, and also on their
way to the place to be searched.

65. 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
0
of Police may direct police officers to carry when on special service.

66.-(1) Any excise officer who takes any bribe shall, on sum-
mary conviction, be liable to a fine not exceeding .200 dollars, or
to imprisonment for any term not exceeding 6 months.

(.2) Any excise officer who does not, oil to be an excise
officer, return to the opium farmer his uniform or accoutrements,
badge or licence shall, on summary be liable to a fine
not exceeding 100 dollars.

Arrests and Sezures.
67-(1) Any police or excise officer may arrest without warrant
any person within the Colony whom he reasonably suspects to be
conveying or 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.

(12) 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 a European police officer riot under the rank of
sergeant.

68. Any police or excise officer, having reasonable ground for
believing that there is any opium in any ship within the Colony

As airiended by No. 13 of 1912.
As aniended by No. 12 of 1912.
As atnended by No. 30 of 1911.





in contravention of this Ordinance (such ship not being or having
the status of a ship of war) , may proceed without without on board
such ship and search for siich 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,
custody or control it may be found, to a police station in order that
lie may be brought before a Magistrate, to be dealt with according
to law.

69. Whenever it appears to any Justice of the Penev, upon the
oath of any person, that there is reasonable ca.use to belleve 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 ans, opluin subject to for-
feiture or as to which an offence has been committed or is about to
be 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 by, night.,-
(a) 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 pos-
session of any such opium arid of the ship in which the same is
found, and of any implements in such place or ship; and
(b) to arrest any person being in such dwelling house, shop, or
other building or place or ship, in whose possession, custody
or control such opium may be found or whom such officer may
reasonably suspect to have concealed or deposited any such opium
therein or thereabout.

70. Such officer inay, if necessary,-
(a) break open any outer or inner door of such dwelling house,
shop, or other building or place, and enter thereinto
(b) forcibly enter such ship and every part thereof
(c) remove by force any obstruction to such entry, search,
seizure and removal as he is empowered to effect
(d) detain every person found in such place or on board such
ship until such place or ship has been searched
(e) seize and detain any such opium or implements found in such
place or ship; and

Asamended by No. 50 of 1911, No. 51 of 1911, No. 12 of 1912
and No. 13 of 1912.
As amended by No. 12 of 1912.





seize and detain any such opium or iniplements found in the
possession of any of the persons against whom his warrant has been
issued in any place whatever within the Colony.

71.-(1) If any ship is used for the importation, landing,
reinoval, carriage, or conveyance, or for the exportation of any
opium in contravention of this Ordinance, the master, owners, or
agents thereof shall be liable to a fine not exceeding 1,000 dollars.

(2) An amount of any such opium found-on board any ship and
exceeding,-
(a) in the case of any steamship of 60 tons burden and upwards,
50 taels in weight ; or,
(b) in the case of any steamship under 60 tons burden, 25 taels
in weight ; or,
(c) in the case of any other ship, 10 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 reason-
able precaiition had been taken to prevent the unlawful use of such
ship, and that none of the officers or 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.

72. 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 clone on. any day including holidays.

ForfeituTes.
73. All opium, other than raw opium, seized with regard to which

anv breach of this Ordinance has been committed, together with
any iniplenients, may be forfeited by the Magistrate and, in his
discretion, adjudged and delivered in whole or in part to the
farmer.

74.- (1) 'Whenever any seizure of prepared opium or dross opium
is made under this Ordinance, or whenever there is reasonable
ground to believe that opium is prepared by any unauthorised

As amended by No. 30 of 1911 and No. 12 of 1912.
As amended by No. 22 of 1912.
As amended by No. 12 of 1912.
As amended bY No. 50 of 1911, No. 12 of 1912. No. 13 of 1912
and No. 4,3 of 1912 Supp. Sched.





person or in any unauthorised place, all raw opium totind In the
possession of such person or in such place inay be seized by any
police or excise officer.

(2) If the Magistrate considers that there is reason to believe
that the imlawful preparation of opium was carried oil by sneb
unauthorised person or in such unauthourised place, or if any
implement within the meaning of this Ordinance is foinid in the
possession of such person or in such place, Ifie
order such opium or such iinplement to be forfeited, and may, in
his discretion, direct that it be delivered to the opium farmer.

75.-(1) When any opitini or any impleinew Is fomid withonif
being apparently in the possession of any person, or when 1he
opium farmer shall have proved to the salisfactIon of a
that he is unable to proceed against any individual with respect to
any opium or any implement as to which an offence has been com-
mitted against this OrdiDance, by reason of' the fael that Ille
offender is out of the jurisdiction or canimf be fomid, the
Maodstrate may cause a notice in English and Chinese to be affixed

to the place make such opium or iniplenient has been fonnd, or
Where it is known to be stored, 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, or if any such claim is made within the like,
period but is not subsequently substantiated to flie satisfaction of a
Magistrate, such opium or implement shall be forfeited, and may
be delivered by the Magistrate., in his discretion, to the opium
farmer.

76.-M Every person who conceals or secretly places any opium
in any part of any steamship shall, onconviction, be,
liable to a fine not exceeding 500 dollars.

(2) Any opium concealed or secretly placed as aforesaid shall be
seized, and the Magistrate may, whether any person is charged
with or convicted of any offence under this seelmn or not, order
such opium to be forfeited; and if the oplum. fariner, within one
week after such forfeiture, proves, to the satisfaction of a Magis-
trate, that any opium so forfeited was not covered by a certificate
under section 39, and that he was not privy to its being brought on

As arnended by No. 30 of 1911 and No. 12 of 1912.





board the ship the Magistrate may order such opium forfeited or
any part of it to be delivered to the opium farnier.

77.-(1) No person shall bring or have in his possession on board
anY ship an.y opinni, opium, than prepared opium or drosS opium not
exceeding the quantity soecufued in section 36, unless the same is
entered on the. manifest of the ship.

(2) The master of stich ship may Seize any such opium as afore-
said fonrid on board lits ship which is not entered on the manifest,
and may retain the same in biss possession until he can deliver it to
the police.

(3) Notwithstandingin this Ordinance, all such opium
as aforesaid found on board nay such ship which is not entered on
the manifest shall be forfeitedProvided thal if the opium farmer.
within one week after such forfeiture, proves, to the satisfacetion of
that any opium so forfeited was not covered by
a certificate under section 39, and that lie was not priivy to its being
brolight 011 board the ship the Magistrate mav order snell opium so
forfeited or any part of it to be delivered to the opinni farnier.

78.(1) Any opium forfeited under this Ordinance and not
ordered by the Magistrate to be delivered to the opium farmer, shall
be disposed of as the Governor may direct, provided that it be no,
sold within the Colony, except to the opium farmer, during the
curency of the farm existing at the time of such forfeiture.

(.2) No police officeror other person having any opinni seized
under the provisions of this Ordinance in his possession for the
purpose of retaining the same until forfeiture, or until its disposal
is determined upon by the Governor, or afterwards for the purpose
of giving effect to such order of disposition, shall be liable to any
penalty tinder this Ordinance by reason of such opium not beincy
acconipanied by a certificate under section 39 or otherwise.

Procedure.

79. The. Magistrate may require the Government Analyst to re-
port Lipon any technical point which niay bc in' dispnte in any
prosecution under this Ordinance, and may order the payment of
the fees due in respect of the Analyst's report by the party in fault,

* A. ainended by No. 12 of 1912.
+ A. b-,- No. 8 of 1912 ~,ind No. 12 of 1912.





or out of any fine recovered frorn either party, or out of the proweeds
of any forfeiture ordered by such Magistrate.

79a. At the hearing of any charge under this Ordinance the pro-
duction of the certificate of the Governinent Analyst requested as
aforesaid shall be sufficient evidence of the facts therein stated,
unless, the defendant requires that the Analyst should he called as
a witness ; but if the Analyst is called by or at the request of the
defendant the Magistrate inay further order the (Iefendailt, if
convicted, to pay a fee of -2,5 dollars for the defendant of the
Analyst, such fee to be recoverable in the same way as a penalty
imposed under this Ordinance is recoverable.

80. In disinissing any charge or complaint under this Ordinance

on the ground that it is false or frivolous or vexatious, it shall be the
duty of the Com.t to tilipose oil the person bringing 11 a penalty not
exceeding that, which the defendant would liave lineurred if he had
been convicted oil sticb charge or complaint, and such penalty shall
be over and above any other penalties or liabilities whcih the
person may have likewise incurred in respect of his said charge or
complaint or of his evidence in support thereof.

81. 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 siung out, obtaining, issuing, or executing inipro-

perly and without sufficient eakise any search warrant under this
Ordinance, lie shall be forther liable to the penaties Specified in
section 84, to be enforced and levied as hereinafter provided.

82. In ainy proceedings before a Magistrate or on appeal to the
Supreme Court relating to the seizure of anY Opitlin, or
other articles, the seizure of any opium is authorised by any of the pro
visions of this Ordinance, it shall be lawful for such Magistrate and
for the Judges, and they are hereby respectively required, to proceed
in such cases on the merits only, without reference to matters of
form and without inquiring into the manner or form of making, any
seizure, excepting in so far as the manner or forin of seizure may be
evidence on such merits.

83.-(1) Except as hereinafter mentioned, no inforillation laid
under this Ordina;nce shall be admitted in evidence in any civil or

As amended by No. 11 of 1910, No. 12 of 1912 and No. 13 of 1912.
As amended by No. 13 of 1912.
As amended by No. 12 of 1912.





criminal proceeding, and no witness shall be obliged to disclose the

name or address of any Infortner or to state any matter which might
lead to his discovery, and if any books, documents or papers which

are in evidence or hable to inspection in any civil or criminal pro-
eceding contain any entry in which any stich informer is named or
described or wInch inight lead to his discovery, the Court or Magis-
trate shall cause all such passages to be concealed from view or to
be obliterated so far as may be necessary to protect the Inforiller
frotn discovery, but no further.

(2) But if, in any proceedings before a Magistrate for any offence
agaltist any provision of this Ordinance, the Magistrate after full
inquiry into the case, believes that the infornier wilfully made in his
inforniation a inaterial statenient which lie knew or believed to bc
false or did not bekeve to be true, or if in any other proceeding the
Court or Magistrate is of opinion that. Justice cannot be fully doen
between the parties thereto without the discovery of the informer,
it, shall be lawful for the Court or Magistrate to require the produc-
tion. of the orig.inal inforniation, and to pernilt inquiry and require
full disclostire concerning the inforiner.

(3) Whenever a house or floor of a house. wholly in the occupation
of one Chinese fandly has been tuisuccessfully searched for opium,
and whenever the Captain Superintendent ol Police has reason to
sitspect that a, search warrant for opitint has been obtained on false
inforniation, the opluin Fariner shall furnish confidentiaIly to the
Cal)tain Superintendent of Police the mmie and address of the
informer.

84. Every oniission or neglect to coinply with or act done, contrary
to the, 1)i.o~,Isions of thiss, Ordinance shall be deemed an offence, and
for every offence against this Ordinance not. otherwise specially pro-
vided for, the offender shall, in addition to any forfeiture of opium
and implernents provided for by this Ordinance, be liable, on surn-
inary conviction, to the following). penalties :-

(a) for every first offence, a fine not exceeding .500 dollars, or iiii-
prisonment for any terin not exceeding 3 months;

(b) for every subsequent offence, a fine not exceeding 1,000
dollars, or imprisonment for any term not exi~eeding 6 months.

* As amended by No. 30 of 1911 and No. 12 of 1912.





85. A portion, not exceeding one half, of 'the pecuniary penalty
recovered from ally offender against this Ordinance may, in tile
discretion of the Magistrate, be awarded to the informer, and in
every case relating to prepared opium, dross opium, opium dross,
halan, compounds of opium or morphine, the remainder of any such
perialty recovered shall be paid to the opiurn farmer, except in the
cases provided for by section 77, or in cases where the opium farnler
himself or his licensees are convicted of any offence tinder this
Ordinance.

Is. 86, rep. No. 31 of 1911 s. 47.]

87. Everly person who, urider the provisious of this Ordinance
makes any application or supplies any particulars, yet uril, or account
or other written statement required by this Ordinance to be made
or supplied, shall sign the saine hunself or by his agent thereunto
lawfully authorised in writing ; and if any such application, prti-
culars, return, account, or other statment is or are false or in-

correct, either in whole or in part, to the knowledge of the person
so making or supplying the saine, whether the saint, is or are signed
by hinisell or by his agent, such person shall, in every ease not other-
wise provided for by this Ordinance, on sunirnary conviction, be
liable to a fine not exceeding 1,000 dollars for the first offence, and
2,000 dollars for every subsequent offence; and such agent shall also
and in like manner, if. offending, be liable to fines of the like amount.

88. Any bail estreated for ally offence under this Ordluance, with
respect to which the opium larniet. appears as prosecutor, may in
the discretion- of the Magistrate be forfeited and paid to the opium
farmer.

89. If any person charged with any offence under this Ordinance
gives a false name, or, with intent to procure his discharge or
acquittal, produces or offers in evidence, or causes to be produced or
offered in evidence, any certificate required by this Ordinance whicli
is proved, to the satisfaction of the Magistrate, to have been issued
to any other person or to be forged, he shall, on suinuiary conviction,
be liable to a fine not exceeding 100 dollars, in addition to any other
punishment or penalty to which he may by law be liable.

90. Every person who,-

As arnended by No. 11 of 1910 and No. 12 of 1912.
As ainended by No. 30 of 1011 and -No. 24 of 1912.
As amended by No. 30 of 1011.





(a) attempts to commit any offence in contravention of this Ordi-
nance ; or
(b) 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.


Miscellaneos Provisions.
91. If any unsnecessful search for opium has been likade tinder
section 67 or section 68 by the request or at the instigation of the
opium farmer, and there is no reason to suppose that any opium in
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 whicb inay have been unpacked by
reason of such search, and shall make (food any damage which he
way have caused thereby ; and the atinount of money claimed for
any such damage shall be adjudicated upon by a MacIstrate and
sliall be recoverable as a civil debt under the Magistrates Ordinance,
1890.

92. Persons employed rin any department of the public service,
and persons in their employ, or atiy of them, are disqualified from
becoming or being in any way possessed ol or directly or indirectly
interested in any privilege or licence tinder this Ordinance or the
profits thereof, whether at law or M equity and whethel in their own
right respectively or in the right of another, and froin suing for or
in respect of or in any way enforeing the same
[ss. 93, 94, rel). No. 1.2 of 1912j

SCHEDULE A.

. Foum No. 1.
Ct.rtific(t,tc of Sale.

[S. 5.]

No. Date, 19
Sold this day to balls Bengal, catties Malwa, or to be
exported by Iiiin to per ship

This certificate shall not be valid after noon of the

* As amended by No. 12 of 1912 and No. 13 of 1912,

Chop.





Sir,

FoRm No. 2.

Requisition for Landing.
TO the Snperintendent of Imports and Exports, Hongkong.

Please issue a permit to land from the which arrived on the day of
19, chests of opiumn, numbered and marked as below.
To be landed oon day,the day of , 19, at , wharf
and stored at [godowon,shop or house].
Dated the day of , 19 .


FORM No.3
Permit to Land.
is authorised to land from the chests
of opumn, with numbers and marks as noted below, and is authorised to
store the same in the [godowon, shop or house]of at
Dated the day of 19,

FROM No.4
Application to Export.
To the Superintendent of Imports and Exports, Hongkong.

Sir,

Please issue a permit to export by
opium numbered and marked as below, on day, the day of
19, to destination ,the said raw opium having been
purchased by me from in whose [godown,shop, or house] it is now stored
[or the same being now stored in my godown, shop,or house]at or sold by me
to , who is desirous of exporting it.

Dated the dat if ,19.

Note-Except in the case ofBengval opium, the application shall contain a statement
of the weight of the raw opium in each at the time of sale.

FORM NO.5
Permit to Export
is authorised to export by to opium,
marked and numbered as below, on day, the
day of ,19, having been purchased by the
export from and now stored in situated at
and sold to who is required to export in terms of this
permit.

Date the day of ,19

(Signed.)
Superintendent.











Note-Except in the case of Benpl, opium, the permit shall contain a statement Of
the weight of the raw opium in each chest at the time of sale.

FROM NO.6
Application to Remove.
To the Superientendent of Imports and Exports, Hongkong.

Sir,

Please issue a permit for the removal of chests of opium, number
ed and marked as below, from and from the eustody or possession of G.H
to the custody or possession of J.K.
(Signed.)
Owner[or Shipper or Purchaser].

Note-Except in the case of Bengal opium, the application shall contain a statement
of the weight of the raw opium in each chest at the time of sale.

FORM No.7
Permit to Remove.
A.B. is authorised to move chests of
opium, marked and numbered as below, from
and from the custody or possession of G.H. to
the custody or possession of J.K.
Dated the day of ,19
(Signed.)
Superintendent.

Note-Except in the case of Beugal opium, the peruit shall contain a statement of
the weight of the raw opium in each chest at the time of sale.

SCHEDULE B

FORM NO.1
Appointment of Excisc Officer.
The Opium Ordinance, 1909.

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, and
immunities of such officer under the provisions of the said Ordinance, until the\
day of ,19, or until this licence is revoked by the Governor
Dated the day of ,19
(signed.)
Colonial Secretary.




Is. 39.1

Hongkong.
No.

Form No. 2.
Opium Certificate, if there is no Opium Farm.


[W Not Transferable. To be returned after the opiutn is used.
Sold this day to of No. Street, Taels.
mace, candareen of prepared opium for his own use.

Dated the day of

Note-The Governor-in-Council has granted the exclusive privilege of preparing, and
selling prepared and dross opium within the Colony to from the
be used or retained in your possession after noon of the third day from the above date,
without the consent of
(Signed.)

FROM NO.3
Public Notice of Expor of Farm.

Hongkong.

The exclusive privilege of preparing opium and slling and retaining prepared and
dross opium will cease on the day of ,19, No prepared or dross
opium purchased from us or our licensees can be used afted the day of
19, at noon, without the consent of the new holder of such exclusive privilege as
aforesaid.
Dated the day of ,19

SCHEDULE C.
FORM OF WARRANT.

Hongkong.

To each and all the constables and Officers of 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 on oath[or affirmation or declaration] of (C.D.), of
[or of my own knowledge]
that the place (here insert description of the place0os kept or used for the injection of
morphine contrary to the provisions of the Opium Ordinance, 1909, or that such injec-
tion is carried on there: This is, therefore, to require you, with such assistants as
may be necessary, to enter and, if necessary, to break in to 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 aid Ordinance, and the seize all morphine, hypodermic syringes,
and other appliances which have been used or are capable of being used for the purpose
of injecting morphine, found in the said place or upon the persons of those presentin
the said place, and the said morphine, hypodermic syringes, and other appliance to
boring 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

[sched.D, rep.No.12 of 1912.]


Short title. Interoperation of terms. No.12 of 1908. Restriction on import of raw opium. Licence for sale or export of loose opium. Sale certificate to be granted by licensee. Possession of loose opium. Keeping of register by licensee. Penalties. Permit for landing chests of opium. Movement and export of chests of opium. Memorandum of raw opium exported. Removal and transshipment of raw opium. Case of steamship arriving or departing out of office hours. Customs to be informed when steamship departs without permit. Penalty on master departing without meanorandum. Movement of raw opium under ss.10 and 12. Penalty and forfeiture for offence against certain sections. Keeping of register by importer and storer of raw opium. Superintendent may demand from holder of opium account of stock. Search for deficiency of opium. Penalty on opium farmer. Payment of fines to opium farmer. Grant, etc., of opium farm. Service of process on farmer. Licenses of farmer, etc. Grant, etc., of dross farm. Default by farmer in payment of consideration money. Notice of expiry of farm. Stocking of market at end of farm forbidden. Government licensees. Settlement of difference between incoming and outgoing farmers. No.3 of 1901. Failure to appoint arbitrator. Time for award. Powers of arbitrators. Importation of prepared opium, etc. Exportation of prepared opium to China or French Indo-China prohibited. Export to countries to which it is lawful to export. Unlicensed preparation of opium. Unlicensed sale of prepared opium, etc. Sale of prepared opium. Lapse of certificate. Governor-in-Council to make regulations. Regulations relating to fines. Prohibition of opium divans. Penalty. Penalty for smoking in divan. Person found in divan presumed to have been smoking therein. Justice of Peace may issue warrant to enter. Penalty for administration of morphine. Penalty for furnishing morphine, except in certain case. Justice of Peace may authorise entry of house, etc., where injection of morphine is carried on, etc. Conditional licence for importing, etc., morphine and compounds of opium for sale or use within the colony. Prohibition of exportation to China, etc. Conditional licence for exporting, etc., morphine and compounds of opium to certain countries. Possession of morphine or compounds of opium. No.12 of 1903. Declaration on importation. Morphine or compounds of opium in transit. Exemptions. Bounded warehouses for morphine and compounds of opium. Regulations. Appointment of excise officers. Personating excise officers. Posting of name, etc., of excise officer. Badge of excise officer. Not more than five excise officers to enter house. Excise officers to be searched. Exhibition of badge by police. Punishment of excise officer taking bribe, etc. Arrest without warrant. Search of ship without warrant. Search of dwelling house, etc., with warrant. Power of officer executing warrant. Liability of master, owner, etc., smuggled opium. Process may be served on holidays. Contraband opium.. Opium found under suspicious circumstances. Unclaimed opium. Opium concealed on steamship. Opium not on ship's manifest. Disposal of opium forfeited. Making of analysis. Certificate of Government Analyst to be sufficient evidence. Vexatious proceedings. Warrant improperly obtained. Procedure relating to seizure of opium, etc. Rules as to information and informers, Penalties in cases not specially provided for Penalty for giving false particulars. Payment of bail entreated to opium farmer. Giving false name, etc. Attempt, etc., to commit offence. Compensation for unsuccessful search. No.3 of 1890. Prohibition of public officer being interested in farm.

Short title. Interoperation of terms. No.12 of 1908. Restriction on import of raw opium. Licence for sale or export of loose opium. Sale certificate to be granted by licensee. Possession of loose opium. Keeping of register by licensee. Penalties. Permit for landing chests of opium. Movement and export of chests of opium. Memorandum of raw opium exported. Removal and transshipment of raw opium. Case of steamship arriving or departing out of office hours. Customs to be informed when steamship departs without permit. Penalty on master departing without meanorandum. Movement of raw opium under ss.10 and 12. Penalty and forfeiture for offence against certain sections. Keeping of register by importer and storer of raw opium. Superintendent may demand from holder of opium account of stock. Search for deficiency of opium. Penalty on opium farmer. Payment of fines to opium farmer. Grant, etc., of opium farm. Service of process on farmer. Licenses of farmer, etc. Grant, etc., of dross farm. Default by farmer in payment of consideration money. Notice of expiry of farm. Stocking of market at end of farm forbidden. Government licensees. Settlement of difference between incoming and outgoing farmers. No.3 of 1901. Failure to appoint arbitrator. Time for award. Powers of arbitrators. Importation of prepared opium, etc. Exportation of prepared opium to China or French Indo-China prohibited. Export to countries to which it is lawful to export. Unlicensed preparation of opium. Unlicensed sale of prepared opium, etc. Sale of prepared opium. Lapse of certificate. Governor-in-Council to make regulations. Regulations relating to fines. Prohibition of opium divans. Penalty. Penalty for smoking in divan. Person found in divan presumed to have been smoking therein. Justice of Peace may issue warrant to enter. Penalty for administration of morphine. Penalty for furnishing morphine, except in certain case. Justice of Peace may authorise entry of house, etc., where injection of morphine is carried on, etc. Conditional licence for importing, etc., morphine and compounds of opium for sale or use within the colony. Prohibition of exportation to China, etc. Conditional licence for exporting, etc., morphine and compounds of opium to certain countries. Possession of morphine or compounds of opium. No.12 of 1903. Declaration on importation. Morphine or compounds of opium in transit. Exemptions. Bounded warehouses for morphine and compounds of opium. Regulations. Appointment of excise officers. Personating excise officers. Posting of name, etc., of excise officer. Badge of excise officer. Not more than five excise officers to enter house. Excise officers to be searched. Exhibition of badge by police. Punishment of excise officer taking bribe, etc. Arrest without warrant. Search of ship without warrant. Search of dwelling house, etc., with warrant. Power of officer executing warrant. Liability of master, owner, etc., smuggled opium. Process may be served on holidays. Contraband opium.. Opium found under suspicious circumstances. Unclaimed opium. Opium concealed on steamship. Opium not on ship's manifest. Disposal of opium forfeited. Making of analysis. Certificate of Government Analyst to be sufficient evidence. Vexatious proceedings. Warrant improperly obtained. Procedure relating to seizure of opium, etc. Rules as to information and informers, Penalties in cases not specially provided for Penalty for giving false particulars. Payment of bail entreated to opium farmer. Giving false name, etc. Attempt, etc., to commit offence. Compensation for unsuccessful search. No.3 of 1890. Prohibition of public officer being interested in farm.

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