Hongkong
Reports - Report of the International Opium Commission |
Drug Abuse
Hongkong Ordinance No. 9 of 1887.*
An Ordinance for the better Regulation of the Trade in Opium.
\\st June 1887.]
Whereas it i.s expedient to regulate and control the movement of raw opium within the Colony and the waters thereof:
Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :
—
I.—This Ordinance may be cited as the Raw Opium Ordinance, 1887.
2.—In this Ordinance
—
"Opium" means raw, crude, or unprepared opium:
"Chest of opium" means the package, with the opium therein, such as is usually
imported by merchants in the Colony:
"Opium Farmer" means the holder for the time being of the exclusive privilege
of preparing and selling prepared opium, either inclusive or exclusive of
dross opium:
"Loose opium" means all raw opium found or discovered otherwise than in a chest
full of one quality of raw opium:
"Ship" includes any steam-vessel, junk, boat, sampan, or any kind of craft used
for the conveyance of persons or things by water:
"Steamship" means any vessel propelled by steam.
3.—No person shall bring into the Colony or the waters thereof, or receive therein, any
loose opium.
4.—(i.) It shall be lawful for the Colonial Treasurer, on such terms and conditions as
may be approved by the Governor-in-Council, to grant* licences for the sale
of opium intended for export in quantities less than one chest, and no
person, except the holder of such a licence, shall be permitted to sell or
barter within the Colony or its waters opium in quantities less than one chest.
(2.) The purchase, sale, or barter of quantities less than one ball of Bengal opium
or three catties of Malwa, Persian, or Turkish opium is hereby forbidden.
5.—It shall be the duty of the holder of a licence to attach to all parcels of opium sold
by him in quantities less than one chest a certificate in the Form No. i in the Schedule to
this Ordinance.
6.—No person, except the Opium Farmer or a licensed retail dealer, shall have in his
possession or under his custody or control any loose opium without a certificate of purchase
from a licensee, unless he can show, to the satisfaction of a Magistrate,
—
(i.) that the said opium is covered by a certificate of one of the licensees; and
(2.) that he has received it under an official export permit
Provided always that it shall be in the absolute discretion of the officer
charged with issuing export permits to grant or withhold the same, and
that this section shall not apply to samples not exceeding two taels covered
by a certificate of the importer.
7.—It shall be the duty of every licensee to keep a register of the particulars
of purchase and sale, in such form as the Governor may from time to time order.
8.—(i.) Every person who offends against the provisions of any of Sections 3, 4, and
6 shall, on summary conviction before a Magistrate, be liable to a penalty
not exceeding one thousand dollars and the forfeiture of the opium, or
the Magistrate may order a period of imprisonment, with or without hard
labour, in lieu of a portion of the penalty, provided the whole imprisonment
does not exceed six months.
(2.1 Notwithstanding the penalty for the breach of conditions to which a
licensee is subject, it shall be lawful for a Magistrate to impose on a
licensee a penalty not exceeding five hundred dollars for a breach of any
such conditions in case it may not be deemed advisable to proceed for
the full penalty under the licensee's bond.
* Applies to New Territories,—see Government Notification No. 320 of 1899.
9.—Every person importing into the Colony any opium shall forthwith report the same
to an officer to be appointed by the Governor, to be named the Superintendent of Imports
and Exports, hereinafter called the Superintendent, giving the number of chests, and shall,
before landing such opium or any part thereof, send or cause to be sent to the Superintendent
a requisition, in the Form No. 2 in the Schedule to this Ordinance, giving the particulars
therein required, whereupon the Superintendent shall furnish a permit, in the Form No. 3
in the said Schedule, authorizing the opium to be landed and stored, and such permit shall
be exhibited to the Opium Farmer or his agent, and shall be signed by him or his agent, and
shall not be used or acted upon until it has been so signed.
10.—(i.) Every person moving opium for exportation in chests shall, before doing so,
send to the Superintendent a requisition, in the Form No. 4 in the Schedule
to this Ordinance, furnishing the particulars therein required, whereupon
the Superintendent shall grant an export permit, in the Form No. 5 in the
said Schedule, authorizing the said opium to be exported.
(2.) The owner or shipper shall cause such permit to be exhibited to the Opium
Farmer or his agent, and such permit shall be signed by him or his agent,
and shall not be used or acted upon until it has been so signed,
II.—(i.) The Superintendent shall furnish the master of every ship carrying opium
for export with a memorandum containing the particulars set forth
in the Form No. 5 in the Schedule to this Ordinance, and no vessel
carrying opium shall, subject to the provisions of section 13, depart from
the Colony without such memorandum.
(2.) The Superintendent shall also, in the case of a steamship, forward a duplicate
of such memorandum, by post, to the Commissioner of Chinese Imperial
Maritime Customs at the port of destination, and, in the case of a junk
or steam launch, he shall forward the said duplicate memorandum to the
Hongkong and Shanghai Banking Corporation at Hongkong, for
transmission to the Commissioner of Chinese Imperial Maritime Customs
controlling the Custom Station through which such opium is to pass.
12.—Every person who moves a chest or chests of opium from one place to another
within the Colony or tranships such chest or chests within the waters thereof shall,
before doing so, furnish to the Superintendent a requisition properly filled up, in the Form
No. 6 in the Schedule to this Ordinance, whereupon the Superintendent shall furnish a permit,
in the Form No. 7 in the said Schedule, authorizing the removal or transhipment of the
said opium, which permit shall be exhibited to the Opium Farmer or his agent, and shall
be signed by him or his agent, and shall not be used or acted upon until it has been so signed.
13.—In the event of the arrival at or departure from the Colony of any steamship
carrying opium when the Superintendent's office is closed or may be closed before application
for a permit can be made, it shall be lawful for the agent of such steamship to land or ship
any opium which is entered on the ship's manifest without a permit, and to deliver any opium
so landed to the owner or consignee thereof or to keep the same in his own custody, but, so
soon thereafter as the Superintendent's office is opened, the said agent shall apply for the
necessary permit and furnish the requisite particulars.
14.—In the event of the departure from the Colony of any steamship carrying opium
before application for an export permit can be made (in the circumstances stated in the last
preceding section), the Superintendent shall, on receipt of the requisite particulars, telegraph
the same to the Commissioner of Chinese Imperial Martime Customs at the port of destination,
and forward, as soon as practicable, the memorandum provided for in Section 1 1 to the said
Commissioner.
15.—The master of any ship departing from the Colony without the memorandum
required by Section 11 (except in the case provided for by Section 13) shall, on summary
conviction before a Magistrate, be liable to a penalty not exceeding five hundred dollars.
16.—Except as provided in Section 13, no removal or movement of opium whatever
under Sections 10 and 12 shall be allowed between the hours of 6 p.m. and 6 a.m. from
October to March, inclusive, or between the hours of 7 p.m. and 5 "a.m. from April to September,
inclusive, unless the requisition mentioned in the said sections so states and unless the
Superintendent in his discretion, in and by the permits mentioned in the said sections, so
directs.
17-—Every person who offends against or does not comply with any of the provisions
of sections 9, 10, 12, 13, and 16 shall, on summary conviction before a Magistrate, be liable
to a penalty not exceeding five hundred dollars, and any 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.—(i.) Every importer of opium and person storing the same shall keep a register, in
such form as the Governor may require, showing the number of chests
imported or stored by him and how and to whom they were disposed of.
(2.) Marks and Government numbers in the case of the Bengal drug shall be
given, and such other marks or numbers, in the case of other sorts of opium
as the Superintendent may require to be placed upon them.
(3.) Every offence for non-compliance with the requirements of this section shall
be punishable with a penalty not exceeding five hundred dollars.
19.—(i.) No junk or other Chinese craft, whether licensed or not, shall leave her
anchorage, or leave or attempt to leave the waters of the Colony, unless the
safety of the vessel (through stress of weather) renders it necessary to do
so, between the hours of 6 p.m. and 6 a.m. from October to March,
inclusive, or between the hours of 7 p.m. and 5 a.m., from April to
September, inclusive, under a penalty, on summary conviction before
a Magistrate, not exceeding five hundred dollars or the forfeiture of junk
and cargo.
(2.) This section shall not apply to any Hongkong fishing boat licensed under
any Ordinance for the time being in force relating to merchant shipping,
provided such boat has obtained a permit from the Harbour Master
allowing it to leave within the hours aforesaid.
20.—(i.) The Superintendent or his deputy shall be at liberty at any time, and as
often as he may think fit, to demand in writing from every person having
any opium in his possession, custody, or control an account in writing of
the opium so held at the time of such demand, and, in the case of chests,
the marks and numbers, and the Superintendent or his deputy shall be at
liberty at any time to enter the premises where such opium is arid to inspect
the same.
(2.) Every person who refuses to give such account or, without reasonable cause
shown to permit such entry, or gives a false or incorrect account, shall, on
summary conviction before a Magistrate, be liable to a penalty not
exceeding five hundred dollars, in addition to any other penalty which
. may be recoverable under the terms and conditions mentioned in Section 4.
21.—If any opium is found, on a search authorized under this Ordinance, to have been
imported contrary to the provisions of this Ordinance, or to be missing from the place in
which it was stored on importation or from the place where, according to the permit, it ought
to be found stored, the person in whose possession such opium so imported may be found,
or in whose name such opium so missing has been so stored, shall, on summary conviction
before a Magistrate, be liable to a penalty not exceeding five hundred dollars for every chest
of opium which is found to have been so imported or to be so missing.
22.—If the Opium Farmer refuses or neglects, or without sufficient cause unreasonably
delays, to do any of the acts or things hereinbefore provided and required to be done by him,
he shall, on summary conviction before a Magistrate, be liable to a penalty for each such
offence not exceeding five hundred dollars.
23.—Every person who, under the provisions of this Ordinance, makes any application
or supplies any particulars, return, or account, or other written statement required by this
Ordinance to be made or supplied shall sign the same himself or by his agent thereunto
lawfully authorized in writing; and if any such application, particulars, return, account, or
other statement is or are false or incorrect, either in whole or in part, to the knowledge of the
person so making or supplying the same, whether the same is or are signed by himself or by
his agent,; such person shall, in every case not otherwise provided for by this Ordinance, on
summary conviction before a Magistrate, be liable to a penalty not exceeding one thousand
dollars for the first offence and two thousand dollars for every subsequent offence ; and such
agent shall also and in like manner, if offending, be liable to penalties of the like amount.
24.—^^(i.) Ever)' person who conceals or secretly places any raw opium in any part of
any steamship shall, on summary conviction before a Magistrate, be liable
to a penalty not exceeding five hundred dollars.
(2.) Any opium concealed or secretly placed as aforesaid shall be seized, and the
Magistrate may, whether any person is charged with or convicted of any
offence under this Ordinance or not, order such opium to be, forfeited.
2t;.—Excise Officers duly appointed under any Ordinance for the time being in force
relating to prepared opium shall be deemed to be Excise Officers for the purpcse of this
Ordinance, and shall have the like powers, protection, duties, rights, and liabilities with
reference to opium under this Ordinance as they have with reference to prepared opium under
the said Ordinance.
26.—(i.) Any Justice of the Peace may, by his warrant directed to any Police
or Excise Officer, empower him by day or by night to enter and search
any dwelling house, shop, or other building or place, or any ship, not being
a ship-of-war or ship having such status, lying or being within the waters
of the Colony, in any case in which it ma^y appear to such Justice of the
Peace, upon the oath of any person, that there is good and sufficient cause
to believe that in such dwelling house, shop, or other building or place, or
on board such ship, is concealed or deposited any opium subject to forfeiture
under this Ordinance or as to wliich an offence ha.s been committed against
any of the provisions of this Ordinance, and to take possession of any
such opium found to be concealed or deposited therein and of the ship in
which the same may be found, and to arrest and take any person being in
such dwelling house, shop, or other building or place, or on board such
ship, in whose possession, custody, or control, any such opium may be
found or whom the said officer may have good and sufficient reason to
suspect to have concealed or deposited therein or thereabouts any such opium.
(2.) An\' officer to whom such warrant is directed may, in case of obstruction or
resistance, break open any outer or inner doors of such dwelling house,
shop, or other building or place, and enter thereto, and forcibly enter such
ship and every part thereof, and remove by force any obstruction to such
entry, search, seizure, and removal as aforesaid, and may detain every
person found in such place until the said place has been searched.
27.—It shall be lawful for any Police or Excise Officer to arrest without warrant any
person within the Colony whom he reasonably suspects to be conveying or to have concealed
on his person any opium in contravention of the requirements of this Ordinance, and to take
him before a Magistrate to be dealt with according to law.
28.—It shall be lawful for any Police or Excise Officer, having reasonable ground for
believing that there is opium in any ship within the waters of the Colony in contravention of
the provisions of this Ordinance (such ship not being a ship-of-war or ship having such status),
to proceed without warrant on board such ship, and search for such opium, and seize any
opium, so found ; and it shall be lawful for such officer to take the opium so found, together
with the person in whose custody, possession, or control it may be found, before a Magistrate,
to be dealt with according to law.
29.—All informations to be laid, and all warrants to be issued, and all arrests and
seizures to be made under this Ordinance may be had or done on a Sunday as well as on any
other day.
30.—(i.) Except as hereinafter mentioned, no information laid under this Ordinance
shall be admitted in evidence in any civil or criminal proceeding, and no
witness shall be obliged to disclo.se the name or address of any informer
or to state any matter which might lead to his discovery, and if any books,
documents, or papers which are in evidence or liable to inspection in any
civil or criminal proceeding contain any entry in which any such informer
is named or described or which might lead to his discovery, the Court
or Magistrate shall cau.se all such passages to be concealed from view or
to be obliterated so far as may be necessary to protect the informer from
discovery, but no further.
(2.) But if, ill any proceeding before a Magistrate for any offence against any
provision of this Ordinance, the Magistrate, after full inquiry into the case,
believes that the informer wilfully made in his information a material
statement which he knew or believed to be false or did not believe to be
true, or if any other proceeding the Court or Magistrate is of opinion that
justice cannot be fully done between the parties thereto without the
discovery of the informer, it shall be lawful for the Court or Magistrate to
require the production of the original information, and to permit inquiry and
require full disclosure concerning the informer.
SCHEDULE.
Form No. i.
Certificate of Sale.
Date.
No.
Sold this day to balls Bengal, catties
Malwa, or to be exported by him to per ship
This certificate shall not be valid after noon of the
Chop.
Form No. 2.
Requisition for Landing.
To the Superintendent of Imports and Exports, Hongkong.
Sir,
Please issue a permit to land from the which arrived on the
day of I , chests of opium, numbered and marked as below.
To be landed on day, the day of ,1 , at
wharf and stored at [godown, shop, or house].
Dated the day of , i
(Signed)
Importer.
Form No. 3.
Permit to Land.
is authorized to land from the chests of opium, with
numbers and marks as noted below, and is authorized to store the same in the [godown, shop,
or house] of at
Dated the day of , i .
(Signed.)
Superintendent.
A copy of this permit has been served on me.
Date.
(Signed.)
Opium Farmer.
Form No. 4.
Application to Export.
To the Superintendent of Imports and Exports, Hongkong.
Please issue a permit to export by chests of opium numbered
and marked as below, on day, the day of ,
i
, to
destination , the said 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 day of , i .
(Signed.)
JSfote.—Except in the case of Bengal opium, the application shall contain a statement
of the weight of the opium in each chest at the time of sale.
Form No. 5.
Permit to Export.
is authorized to export by to chests of
and numbered as below, on day, the day of
been purchased by the exporter from and now stored in
opium, marked
, I , having
situated
at and sold to
Dated the
who is required to export in terms of this permit.
day of
A copy of this permit has been served on me.
Date.
Received this Opium.
Date.
(Signed.)
(Signed.)
(Signed.)
Superintendent.
Opium Farmer.
Exporter.
Note.—Except in the case of Bengal opium, the permit shall contain a statement of the
weight of the opium in each chest at the time of sale.
Sir,
Form No. 6.
Application to Remove.
To the Superintendent of Imports and Exports, Hongkong.
Please issue a permit for the removal of
numbered and marked as below, from
G.H. to the custody or possession oif.K.
chests of opium,
and from the custody or possession of
Time of removal.
Dated the day of
(Signed.)
Owner [or Shipper or Purchaser'].
Note.—Except in the case of Bengal opium, the application shall contain a statement
of the weight of the opium in each chest at the time of sale.
Form No. 7.
Permit to Remove.
A.B. is authorized to move chests of opium, marked and numbered
as below, from and from the custody or possession of G.H. to the custody
or possession of/./iT.
Dated the day of , I
A copy of this permit has been served on me.
Date.
Received this Opium.
Date.
(Signed.)
(Signed.)
Superintendent.
Opium Farmer.
(Signed.)
Purchaser.
Note.—Except in the case of Bengal opium, the permit shall contain a statement
of the weight of the opium in each chest at the time of sale.
Hongkong Ordinance No. 8 of 1891.*
An Ordinance to amend the Law relating to the Preparation of Opium.
{2%th December 1891.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the
Legislative Council thereof, as follows:—
I.—This Ordinance may be cited as the Prepared Opium Ordinance, 1891.
2.—In this Ordinance, unless the context otherwise requires,
—
"The Colony" includes the waters thereof:
" Excise Officer " means any person appointed under the Ordinances hereby
repealed and continued under this Ordinance or any person appointed
by the Governor under this Ordinance as an Excise Officer
" Farm " means any exclusive privilege granted under this Ordinance
"Farmer" means any holder for the time being of any such exclusive privilege:
" Opium " includes dross and dross opium :
"Prepared Opium," so far as relates to the infringement of the Opium Farmers
privilege of preparing opium within the Colony, means opium which
has been subjected to any degree of artificial heat for any purpose
whatever, and includes dross opium whenever such a construction is
consistent with the context
" Dross " means the refuse produced by smoking opium, and " Dross Opium
"
means opium prepared wholly or chiefly from such refuse
" Opium Divan " includes any house, room, or other place
—
(i.) used for the sale of prepared opium or dross opium to be smoked on the
premises ; or
(2.) used by the public for the smoking of prepared opium or dross opium where a
fee or its equivalent is charged, or the dross resulting from such
smoking is retained by or on behalf of the keeper for his benefit
* Applies to New Territories,—see Government Notification No. 320 of 1899.
"Opium Farmer" means the holder for the time being of the exclusive privilege
of preparing and selling prepared opium, either inclusive or exclusive
of dross opium :
" Dross Farmer " means the holder, if any, for the time being of the exclusive
privilege of collecting and purchasing dross and preparing and dealing
in dross opium :
" Divan Farmer " means the holder, if any, for the time being of the exclusive
privilege of opening, carrying on, or licensing any class of opium divans.
When there is no opium farmer, or no dross farmer, or no divan farmer,
this Ordinance shall be read as if the Governor-in-Council, or any person
licensed for the purpose by the Governor-in-Council, were expressly named
instead of the opium farmer, or as if the Colonial Secretary, or any person
licensed for the purpose by the Colonial Secretary, were expressly named
instead of the dross farmer, or the divan farmer, or either of them. And
payment or delivery to the Colonial Treasurer, for the use of the public
revenue, or to an Excise Officer for the same purpose, shall in all such
cases be taken to be payment or delivery to such farmer under this
Ordinance
" Implement" means any vessel, utensil, instrument, or other thing which has been
used, or which is probably intended to be used, for containing prepared
opium, or for preparing or aiding in preparing any opium, or for smoking
opium :
Any opium, implement, or other thing shall, for the purposes of this
Ordinance, be deemed to be in the possession of any person if he has such
opium, implement, or thing in possession, custody, or control, by himself or
by any other person :
The subjecting of opium of any kind to any degree of artificial heat, for
any purpose whatever, shall be taken to be the preparing of such opium :
" Ship " means any steam or sailing vessel, junk, boat, sampan, or any kind or
craft used for the conveyance of persons or things by water, or which may
be so used
" Summary Conviction " means a conviction before a Police Magistrate of the
Colony.
" Compound of Opium" means any substance, not coming within the above definition
of prepared opium, which contains opium, or any constituent or alkaloid
thereof, however the original form of such opium may have been altered.
" Morphine " includes morphia and all salts of morphine and any solution or
preparation containing morphine.
Excise Officers.
3.—(i.) All existing Excise Officers appointed under the Ordinances hereby repealed
shall be continued under this Ordinance.
(2.) The Governor may from time to time appoint, in the Form No. i in the
Schedule to this Ordinance, such other agents or servants of the Opium
Farmer or other persons as may be approved of by him to act as Excise
Officers under this Ordinance.
(3.) Any such appointment may at any time be withdrawn by the Governor.
4.—Every person who assumes, without lawful authority, to act as an Excise Officer
shall, on summary conviction, be liable to a penalty not exceeding one hundred dollars or,
in default, to imprisonment, with or without hard labour, for any term not exceeding three
months.
5.—The name and address of every Excise Officer shall be posted in a conspicuous place
at the Police Court.
6.—Every Excise Officer shall be supplied with a badge bearing such sign or mark of
office as may be directed by the Governor ; and when acting against any person under this
Ordinance, every Excise Oilficer shall declare his office, and produce to the person against
whom he acts his said badge.
his office, and produce to the person against whom he acts sucli badge as the Captain-
Superintendent of Police may direct Police officers to carry wiien on secret or special service.
8.—(i.) An)' Excise Officer who takes any bribe shall, on summaiy conviction, be liable
to a penalty not exceeding two hundred dollars or to imprisonment,
with or without iiard labour, for any term not exceeding six months.
(2.) An)' Excise Officer who does not, on ceasing to be an Excise Officer, return
to the Opium Farmer his uniform or accoutrements, badge or licence,
shall, on summary conviction, be liable to a penalty not exceeding one
hundred dollars.
Inipoi'tation, etc., of Opium.
9.—(i.) No person, except the Opium Farmer, his licensees, and persons duly
autliorized by him in writing, shall bring into the Colony or have in his
possession within the same any prepared opium, not being dross opium
without having a valid certificate under Section 11.
(2.) No person shall bring into the C'olony or have in his possession within the same
any dross opium without the knowledge and consent of the Dross Farmer.
(3.) No person, except a Dross Farmer or a duly licensed person under this
Ordinance, shall, within the Colony, collect dross or have in his possession,
without the knowledge and consent of the Dross Farmer or his licerisees,
any dross, except such as may be the result of his own smoking or of the
smoking of opium on his own premises (the burden of proof whereof shall
lie on such person), and such dross shall in no case exceed two taels in
weight : Provided that when any person has in his possession any such
dross in excess of two taels weight, on giving notice thereof to the Dross
Farmer, the Dross Farmer shall purchase the same at a fair and
reasonable rate.
10.—(i.) No person, except the Opium Farmer, shall prepare opium within the Colony.
(2.) No person, except the Opium Farmer and any duly licensed person under
this Ordinance, shall sell or offer or expose for sale any prepared opium.
(3.) No person, except the Dross Farmer and any duly licensed person under
this Ordinance, shall deal in or prepare dross opium:
Provided that no trader in opium shall be prevented from bond fide testing samples 01
opium obtained in accordance with the provisions of any Ordinance for the time being in force
relating to raw opium and keeping the same for the purposes of his trade, the burden of proof
whereof shall in each case be upon any person alleging the same in his defence.
Sale of Opium.
II.—(i.) Every person selling prepared opium, not being dross opium, shall deliver
therewith a certificate, in English or Chinese, in such form as the Governor
may from time to time approve, specifying the date of the sale, the name of
the purchaser, and the quantity sold.
(2.) The certificate shall be issued from books provided with counterfoils, 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 stamp used by him
in carrying on his business, and shall be evidence of the facts therein
stated ; and shall not be transferable.
(4.) If any person is charged with the possession of prepared opium 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
opium in respect of which he is charged, prior in date to the last certificate
granted to him, unless he has received permission from the Opium
Farmer to keep or store opium, which permission shall appear on the
certificate produced or put in evidence.
(S.) When there is no Opium Farmer the certificate shall be in the Form No. 2 in
the Schedule to this Ordinance.
12.—No. certificate so granted by the Opium Farmer or by any licensee under him
shall be valid after noon of the third day from the date of the expiration of such Opium
Farmer's privilege.
Compounds of Opium.
\2a.—(i.) It shall be lawful for the Governor-in-Council to grant licences to such
persons as he may think fit in such numbers as he may deem suitable and
on such conditions as he may consider proper for importing for sale or
use within the Colony, preparing, manufacturing, or dealing in morphine
and compounds of opium, and any person so importing, manufacturing, or
dealing in morphine or any compound of opium without such licence shall
be guilty of an offence against this Ordinance.
This sub-section shall not apply to morphine or compounds of opium in transit.
(2.) Any such licence may be revoked by the Governor-in-Council at his
discretion and without assigning cause.
(3.) There shall be paid for each such licence an annual fee of twenty-five
dollars which shall be awarded to the Opium Farmer.
(4.) If the holder of any such licence does not comply with the conditions he
shall be guilty of an offence against this Ordinance.
12b.—Every importer whether for exportation from or for sale or use within the Colony
of morphine or any compound of opium shall on the importation thereof truly declare before
the Superintendent of Imports and Exports the amount of morphine or opium contained
therein and any such importer making a false declaration in this regard shall be guilty of an
offence against this Ordinance.
1 2c.—Every importer of morphine or any compound of opium which is intended for sale
or use in the Colony shall pay to the Opium Farmer a royalty thereon calculated at the rate
of thirty dollars per tael of morphine and three dollars per tael of opium which royalty shall
be paid to the Opium Farmer and may be recovered by the Opium Farmer in a summary way
before a Magistrate.
The Governor-in-Council may at his discretion exempt any medicine* containing
morphine or opium or any compound of opium manufactured in and imported from Europe,
America, or any British Colony from the provisions of this Ordinance : the name and
description of any medicine so exempted shall be published in The Gazette.
\2d.—The Governor shall and the Opium Farmer may establish one or morejbonded
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.
The Governor-in-Council may from time to time make, vary, and rescind \ regulations
with regard to the storage and removal of morphine and compounds of opium in and
from such warehouses, to the payment of charges for storage therein and to such other purposes
as the Governor-in-Council may deem disirable and such regulations when published in
The Gazette shall have the force of law.
Opium Divans.
13.—No person shall open or carry on any opium divan without a valid licence from
the Colonial Secretary.
14.—(i.) Such licence shall be in the Form No. 3 in the Schedule to this Ordinance
and be subject to the conditions which may be indorsed upon it.
(2.) It may at any time be cancelled by the Colonial Secretary for any failure to
comply with the conditions under which it is granted, or for any
contravention of the requirements of the law for the time being in force
relating to opium, or for any breach of any of the regulations for the time
being in force relating to opium divans.
* G. N. 219/07 t G. N. 939 X G. N. 933/06. G. N. 35/07.
Reports from Great Britain and its Possessions, etc. 205
(3.) Such cancellation shall not, however, relieve any offender from any penalty
incurred under this or any other Ordinance, or under any sanitary bye-laws,
or under any of such regulations.
1 5.—An opium divan shall be open at all times to the inspection of the Opium Farmer,
of all Excise Officers^ of officers of the Police not being under the rank of sergeant, and of
officers of the Sanitary Board.
16.—Every person who commits any of the following offences shall, on summary
conviction, be liable to a penalty not exceeding one hundred dollars or to imprisonment, with
or without hard labour, for any term not exceeding three months ; that is to say,
—
(i.) opens or carries on an opium divan without a valid licence; or
(2.) knowingly permits any person, other than an adult male, to smoke opium or
dross opium in an opium divan ; or
(3.) knowingly permits or suffers any female, not being the opium divan keeper or
the wife or child of such keeper, to enter or remain in an opium divan ; or
(4.) knowingly permits any armed person to be in an opium divan.
17.—(i.) It shall be lawful for the Governor-in-Council from time to time to make,
and, when made, to alter, add to, or revoke, regulations* with regard
to the licensing, management, and classification of opium divans and as to
the fees to be paid in respect of such licences, and to prescribe a scale of
pecuniary penalties, not exceeding in each case twenty-five dollars, for the
breach of any of such regulations.
(2.) Such regulations shall not come into force until they are notified in The
Gazette, and thereafter such penalties may be enforced summarily before a
Magistrate, and, on conviction for any breach of such regulations, the
offender shall be liable, in default of payment, to imprisonment, with or
without hard labour, for any term not exceeding one month.
Farms.
18.—(i.) The Governor-in-Council may grant to any person, for such considerations,
and on such conditions, and for such periods, and in such form as may
from time to time be determined by the Governor-in-Council, the sole
privilege of preparing opium and of selling within the Colony opium so
prepared, and either inclusive or exclusive of the privileges mentioned
in this Ordinance in relation to dross opium and opium divans.
(2.) Such privilege may from time to time be offered for sale either 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 such security as the
Governor-in-Council may require for the due performance of the conditions
of such privilege and of his stipulations or agreement in respect thereof.
(5.) The Opium Farmer shall in all cases keep a proper register or record of all
opium supplied to him, and shall give such details as to its disposal as the
Governor may require.
19.—(i.) The Opium Farmer may, in his discretion, grant licences to suitable persons
authorizing them to sell prepared opium, but subject to such conditions as
may from time to time be approved by the Governor-in-Council.
(2.) When there is no Opium Farmer the Governor-in-Council may, in his
discretion, grant licences to suitable persons authorizing them to prepare
and sell opium on such conditions as may from time to time be
approved by the Governor-in-Council
* G.N. 190/02.
Provided that the provisions of section 21 as to fines for breaches of regulations shall
apply equally to all breaches of regulations as to the sale or preparation of opium imposed on
the licensees under this section.
20.—(i.) The Governor-in-Council may from time to time, on such terms as he may
think expedient, grant the [)rivilege of collecting dross and of preparing
and dealing in dross opium.
(2.) The grantee thereof may grant licences to persons approved by him to
collect dross or to prepare or deal in dross opium.
(3.) Every such licensee, when collecting, shall carry such badge as the Governor
may direct.
21.—(i.) The Governor-in-Council may from time to time make, and, when made,
alter, add to, or revoke, a scale of fines to be levied for breaches of the
regulations under which any privilege is granted under this Ordinance;
Provided that such scale shall not come into effect until the same has been
published in The Gazette.
(2.) Every fine provided by such scale shall be levied in the same manner as the
fines imposed by this Ordinance.
22.—If the consideration money for any privilege granted under this or any Ordinance
hereby repealed, or any instalment thereof, is not paid within one month next after the day
appointed for the payment thereof, the said privilege shall become null and void, and, over and
above all other liabilities under this Ordinance or any Ordinance hereby repealed or any
conditions of such privilege, the farmer shall be liable to make good to the Governor all losses
or expenses incurred by reason of such default in payment, or by reason of any re-sale or
re-grant of such privilege which the Governor-in-Council may thereupon make, and to make
which he is hereby authorized.
Transfer of Farm.
23.—(i.) The Opium Farmer shall, one month before his privilege expires, give
public notice, in the Form No. 4 in the Schedule to this Ordinance, that
such privilege is to expire on the day named in such notice, which shall
be the last day of his exclusive privilege, and that no prepared opium
purchased from such farmer, or from any licensee of such farmer, can be
used without the consent of the new farmer after noon of the third day next
after such date.
(2.) Such notice shall be printed in English and Chinese, and the farmer shall
supply copies thereof to all persons licensed by him under this Ordinance,
and every such licensed person shall exhibit such notice in the place where
he sells prepared opium, in a conspicuous position, so as to be plainly
visible to every person entering such place.
24.—The Opium Farmer shall not, during the three months preceding the end of his
term, prepare more than the usual quantity of opium, and neither he nor his licensees shall,
during such three months, sell any prepared opium at less than the average current prices of
the day or in greater quantities than is usual at the time of year, and at the end of his
term such farmer or his licensees shall not sell, export, or otherwise make away with or dispose
of any of his or their stock of prepared opium, but shall make over to the incoming farmer the
full and complete stock of raw or prepared opium then in his or their possession, at the
marketable value thereof, together with all furniture, fittings, and implements used in or about
the Opium 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.
25.—All licensees of the Governor-in-Council under section 19, when there is no Opium
Farmer, shall, during the last three month.^ of the period of their licences, be subject to such
restrictions as to the quantities of opium they shall prepare and sell as the Governor-in-Council
may from time to time determine.
26.—(i.) In the event of any difference arising between the incoming and outgoing
Opium Farmers as to the quantities of prepared opium produced or sold
during the last three months of the term and the value of the same, or as
to the nature and quantity of the raw or prepared opium so to be purchased
Reports from Great Britain and its Possessions, etc. 207
or made over or the values thereof, or as to the value of the furniture,
fittings, and implements aforesaid, such diiiference siiall be determined by
three arbitrators, one to be appointed by the incoming farmer, one by the
outgoing farmer, and one by the Governor.
(2.) The majority of the arbitrators may determine, and are hereby empowered
todecide in each particular case, what are usual quantities of prepared
opium within the meaning of this Ordinance.
(3.) The award of the arbitrators or of a majority of them shall be final, and
the arbitration or such other settlement shall be held at such time after
the end of the term of the outgoing farmer as may seem reasonable to the
Governor.
(4.) Any award made may be filed in the Supreme Court pursuant to the Code
of Civil Procedure for the time being in force.
27.—In case either the incoming or the outgoing Opium Farmer fails to appoint an
arbitrator within ten days from his receiving notice from the Governor to do so, the other two
arbitrators may proceed with the award, and, in case of difference of opinion, they shall
appoint an umpire, whose award shall be final, and may be filed in the Supreme Court
pursuant to the said Code.
28.—The Governor shall fix the time within which the award of the arbitrators is to be
completed, and such time shall be specified on the appointment of each arbitrator.
29.—The arbitrators shall have the same powers as if the appointment and reference to
arbitration had been made by an order of the Supreme Court under the said Code.
Arrests and Seizures.
30.—All the provisions of this Ordinance as to searches, arrests, possession; the seizure
and disposal of opium or implements, penalties and their division, rewards to informers, and
penalties for false charges or irregular proceedings shall apply, so far as circumstances will
permit, in relation to all cases of any infraction of this Ordinance or of any regulation made
thereunder with respect to dross, dross opium, compounds of opium, morphine, or the keeping
of opium divans.
31.—(i.) Any Police or Excise Officer may arrest without warrant any person within
the Colony whom he reasonably suspects to have in his possession any
opium in contravention of this Ordinance, and may take such person to a
Police Station in order that, if necessar}', he may be brought before a
Magistrate, to be dealt with according to law.
(2.) Every such person and his luggage shall be liable to be searched before he'is
taken to the Police Station, but only under the supervision of an European
Police Officer not under the rank of sergeant.
32.—Any Police or Excise Officer, having reasonable ground for believing that there
is any opium in any ship within the Colony in contravention of this Ordinance (such ship not
being or having the status of a ship of war) may proceed without warrant on board such ship
and search for such opium, and may seize any such opium so found, together with all
implements connected therewith, and shall take the same, together with the person in whose
possession it may be found, to a Police Station in order that he may be brought before a
Magistrate, to be dealt with according to law.
33.—Whenever it appears to any Justice of the Peace, upon the oath of any person,
that there is reasonable cause to believe that in any dwelling house, shop, or other building or
place, or on board any ship (not being or having the status of a ship of war), within the
Colony, there is concealed or deposited any opium subject to forfeiture under this Ordinance,
or as to which an offence has been committed against this Ordinance, such Justice of the
Peace may, by his warrant directed to any Police or Excise Officer, empower such Officer, by
day or by night,
—
(i.) to enter such dwelling house, shop, or other building or place, or to go on
board such ship, and there to search for and take possession of any such
opium and of any implements in such place or ship; and
(2.) to arrest any person or persons, being in such dwelling house, shop, or other
building or place or ship, in whose possession such opium may be found,
or whom such Officer may reasonably suspect to have concealed or
deposited any such opium in such place or ship or thereabout.
34.—Such Officer may, if it is necessary to do so,
—
(i.) break open any outer or inner door of such dwelling house, shop, or other
building or place, and enter thereinto
(2.) forcibly enter such ship and every part thereof;
(3.) remove by force any obstruction to such entry, search, seizure, and removal as
he is empowered to effect
(4.) detain every person found in such place or on board such ship until such
place or ship has been searched ;
(5.) seize and detain any such opium or implements found in such place or ship; and
(6.) seize and detain any such opium or implements found in the possession of
any of the persons against whom his warrant has been issued in any place
whatever within the Colony.
35.—(i.) If any ship is used for the importation, landing, removal, carriage, or
conveyance of any opium or for exportation to China or French Indo-China
of any prepared opium in contravention of this Ordinance, the master,
owners, or agents thereof shall be liable to a penalty not exceeding one
thousand dollars.
(2.) An amount of any such opium found on board any such ship and exceeding,
—
(a.) in the case of any steamship of sixty tons burden and upwards,
fifty taels in weight ; or,
(3.) in the case of any steamship under sixty tons burden, twenty-five
taels in weight ; or,
(c.) in the case of any other ship, ten taels in weight, shall be deemed
evidence of the unlawful use of such ship, unless it is proved, to the
satisfaction of the Magistrate, that every reasonable precaution
had been taken to prevent the unlawful use of such ship, and that
none of the officers 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 sitting together.
36.-—All informations to be laid, and all warrants to be issued, and all arrests and
seizures to be made under this Ordinance may be had or done on Sunday as well as on any
other day.
Forfeitures.
37.—All opium seized with regard to which auy breach of this Ordinance, or of any
regulation made thereunder, has been committed, together with any implements, may be
forfeited by the Magistrate and, in his discretion, adjudged and delivered in whole or in part to
the farmer.
38.—(i.) Whenever any seizure of prepared opium is made under this Ordinance,
or whenever there is reasonable ground to believe that opium is prepared
by any unauthorized person or in any unauthorized place, all raw opium
found in the possession of such person or in such unauthorized place may
be seized by any Police or Excise Officer.
(2.) If the Magistrate considers that there is reason to believe that the unlawful
preparation of opium was carried on by such unauthorized person or in
such unauthorized place, or if any implement within the meaning of this
Ordinance is found in the possession of such unauthorized person or in
such unauthorized place, the Magistrate may order such raw opium to be
forfeited, and may, in his discretion, direct that it be delivered to the Opium
Farmer.
Reports from Great Britain and its Possessions, etc. 209
39-—(i-) When any opium or any implement is found without being apparently in the
possession of any person, the Magistrate may cause a notice to be affixed
at the place where such opium or implement was found, calling upon the
owner thereof to claim the same.
(2.) If no person makes such a claim within one week from the affixing of
such notice, such opium or implement shall be forfeited, and may be
delivered by the Magistrate, in his discretion, to the Opium Farmer.
40.—(i.) Every person who conceals or secretly places any prepared opium in any
part of any steamship shall, on summary conviction, be liable to a penalty
not exceeding five hundred dollars and, in default of payment, to
imprisonment, with or without hard labour, for any term not exceeding six
months.
(2.) Any opium concealed or secretly placed as aforesaid shall be seized, and
the Magistrate may, whether any person is charged with or convicted of
any offence under this section or not, order such opium to be forfeited.
41.—(i.) No person shall bring or have in his possession on board any ship:
—
(a.) which is bound for or about to proceed to Canton or Macao any raw
opium exceeding two taels in weight;
(d.) which is bound for or about to proceed to Macao any prepared opium
exceeding two taels in weight,
unless the same is entered on the manifest of the ship.
(2.) The master of such ship may seize any such opium as aforesaid found on
board his ship which is not entered on the manifest, and may retain the
same in his possession until he can deliver it to the Police.
(3.) Notwithstanding anything in this Ordinance, all such opium as aforesaid
found on board any such ship which is not entered on the manifest shall
be forfeited to the Crown: Provided that if the Opium Farmer, within one
week after such forfeiture, proves, to the satisfaction of the Governor-in-
Council, that any opium so forfeited was not covered by a certificate under
Section 1 1 and that he was not privy to its being brought on board the
ship, the Governor-in-Council may, if he thinks fit, order such opium so
forfeited or any part of it to be delivered to the Opium Farmer.
(4.) Any contravention of this section shall be deemed an offence against
this Ordinance.
42.—(i.) Any opium forfeited to the Crown under the last preceding section, and not
ordered by the Governor-in-Council to be delivered to the Opium Farmer,
shall be disposed of as the Governor-in-Council may direct, provided
that it be not sold within the Colony during the currency of the farm
existing at the time of such forfeiture.
(2.) No Police officer or other person having any opium seized under the last
preceding section in his possession for the purpose of retaining the same
until forfeiture or until its disposal is determined upon by the
Governor-in-Council, or afterwards for the purpose of giving effect to
such order of disposition, shall be liable to any penalty under this
Ordinance by reason of such opium not being accompanied by a certificate
under Section 1 1 or otherwise.
Procedure.
43.—The Magistrate may, in his discretion, employ an analyst or other skilled person
to report upon any technical point which may be in dispute in any prosecution under this
Ordinance, and may, in his discretion, order the payment of such analyst or skilled person by
the party in fault, or out of any fine recovered from either party, or out of the proceeds
of any forfeiture ordered by such Magistrate.
44.—In dismissing any charge or complaint under this Ordinance on the ground that
such charge or complaint is false or frivolous or vexatious, it shall be the duty of the Court to
impose on the person bringing such charge or complaint a penalty not exceeding that which
the defendant would have incurred if he had been convicted on such charge or complaint, and
such penalty shall be over and above any other penalties or liabilities which the said person
may have likewise- incurred in respect of his said charge or complaint or of his evidence in
support thereof
45.-_Over and above all other liabilities and penalties to which, by this Ordinance
or otherwise, any person may become or be subject in respect of his suing out, obtainmg,
issuing, or executing improperly and without sufficient cause any search warrant under this
Ordinance, the said person shall be further liable to the penalties specified in section 52, to be
enforced and levied as hereinafter provided.
46.—In any proceedings before a Magistrate or on appeal to the Supreme Court
relating to the seizure of any opium, implements, or other articles, the seizure whereof is
authorized b\- any of the provisions of this Ordinance, it shall be lawful for such Magistrate
and for the Judges of the said Court, and they are hereby respectively required, to proceed in
such cases on the merits only, without reference to matters of form and without inquiring into
the manner or form of making any seizure, excepting in so far as the manner and form of
seizure may be evidence on such merits.
47.—(i.) Except as hereinafter mentioned, no information laid under this Ordinance
shall be admitted in evidence in any civil or criminal proceeding, and
no witness shall be obliged to disclose the name or address of any informer
or to state any matter which might lead to his discovery, and if any books,
documents or papers which are in evidence or liable to inspection in any
civil or criminal proceeding contain any entry in which any such informer
is named or described or which might lead to his discovery, the Court or
Magistrate shall cause all such passages to be concealed from view or to be
obliterated so far as may be necessary to protect the informer from
discovery, but no further.
(2.) But if, in any proceedings before a Magistrate for any offence against any
provision of this Ordinance, the Magistrate, after full inquiry into the
case, believes that the informer wilfully made in his information a material
statement which he knew or believed to be false or did not believe to be
true, or if in any other proceeding the Court or Magistrate is of opinion
that justice cannot be fully done between the parties thereto without
the discovery of the informer, it shall be lawful for the Court or Magistrate
to require the production of the original information, and to permit inquiry
and require full disclosure concerning the informer.
Miscellaneous Provisions.
48.—-If any person charged with any offence under this Ordinance gives a false name,
or, with intent to procure his discharge or acquittal, produces or offers in evidence, or causes
to be produced or offered in evidence, any certificate required by this Ordinance which is
proved, to the satisfaction of the Magistrate, to have been issued to any other person or to be
forged, he shall, on summary conviction, be liable to a penalty not exceeding one hundred
dollars, in addition to any other punishment or penalt)' to which he may by law be liable.
49.—Ever)- person who
—
(i.) attempts to commit any offence in contravention of this Ordinance; or
(2.) aids or abets any other person in an}- such offence or in the attempt to
commit an)' such offence,
shall, on summary con\iction, be liable to the same punishment and
penalties as if he had been guilt)- of the actual offence.
50.—Persons employed in an\- department of the public service, and persons in their
employ, or an)' of them, are disqualified from becoming or being in an)- wa)' possessed of or
directly or indirectly interested in an)' pri\'ilege or licence under this Ordinance or the profits
thereof whether at law or in equit)- and whether in their own right respective!)' or in the
right of another, and from suing for or in respect of or in any wa\- enforcing the same.
51.—If any unsuccessful search for opium has been made under section 31 or section
32 by the request or at the instigation of the Opium Farmer, and there is no reason to
suppose that any opium in contravention of this Ordinance has been thrown awa)' or
otherwise disposed of with a view to avoid detection, the Opium Farmer shall replace and
Reports from Great Britain and its Possessions, etc. 211
repack any goods which may have been unpacked by reason of such search, and shall make
good any damage which he may have caused thereby; and the amount of money claimed for
any such damage shall be adjudicated upon by a Magistrate and shall be recoverable as a
civil debt under the provisions of any Ordinance for the time being in force relating to the
jurisdiction of Magistrates and the practice and procedure before them in relation to
offences punishable on summary conviction.
Penalties.
52.—Ever)' omission or neglect to comply with or act done contrary to the provisions
of this Ordinance shall be deemed an offence, and for every offence against this Ordinance or
against any regulation made thereunder, not otherwise specially provided for, the offender
sliall, in addition to an\- forfeiture of opium and implements provided for by this Ordinance,
be liable, on summary conviction, to the following penalties:
—
(i) fo.- every first offence, a penally not exceeding five hundred dollars or
imprisonment, with or without hard labour, for any term not exceeding
three months; and
(2) for every subsequent offence, a penalty not exceeding one thousand
dollars or imprisonment, with or without hard labour, for any term not
exceeding six months.
53.—A portion, not exceeding one-half, of the pecuniary penalty recovered from
any offender against this Ordinance may, in the discretion of the Magistrate, be awarded to
the informer, and in every case relating to prepared opium the remainder of any such
penalty recovered shall be paid to the Opium Farmer, except in the cases provided for by
section 41 or in cases where theOpium Farmer himself or his licensees are convicted of exporting
or attempting to export prepared opium from the Colony to China or French Indo-China.
54.—Every person who assaults, resists, or wilfully obstructs any Excise Officer in
the due execution of his duty shall be guilty of a misdemeanor, and, being convicted thereof,
shall be liable, in the discretion of the Magistrate, to a penalty not exceeding two hundred
and fifty dollars or to imprisonment, with or without hard labour, for any term not exceeding
one year.
SCHEDULE.
Form No. i.
Appointment of Excise Officer.
The Prepared Opium Ordinance, i8gi, 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 ,1 , or until this licence is revoked by
the Governor.
Date the day of
(Signed.)
Colonial Secretary.
Form No. 2.
Opium Certificate, if there is no Opium Farm.
Hongkong.
No.
'^W Not transferable. To be returned after the opium is used.
Sold this day to of No. , Street, Taels,
mace, candareen of prepared opium for his own use.
Dated the day of , i .
Notice.—The Governor-in-Council has granted the exclusive privilege of preparing,
and selling prepared opium within the Colony to from the day of
I . The opium now purchased and sold cannot legally be used
or retained in your possession after noon of the third day from the above date, without the
consent of
(Signed.)
Form No. 3.
Opium Divan Licence.
The Prepared Opium Ordinance, i8gi, Hongkong.
A.B., of is hereby licensed to open and carry on an Opium
Divan for the smoking of
Prepared Opium
^^^ ^^ ^^^ fl^^^ of the premises known as (b)
Dross Opium
from the day of ,1 , to the day of ,
i
This Licence is issued subject to the observance by the licensee of all the conditions
indorsed on this Licence and to his compliance with all the Laws and Regulations for the
time being in force relating to Opium and Opium Divans.
This Licence may be cancelled at any time by the Colonial Secretary for any failure of
such observance or compliance.
Dated the day of ,
i •
(Signed.)
Colonial Secretary.
The fee payable for this Licence is $
(a) As the case may be. (b) Here insert the address.
Form No. 4.
Public Notice of Expiry of Farm.
Hongkong.
The exclusive privilege of preparing opium and selling and retailing opium so prepared
will cease on the day of i . No prepared opium purchased
from us or our licensees can be used after the day of i , at
noon, without the consent of the new holder of such exclusive privilege as aforesaid.
Dated the day of , i .
(Signed.)
Hongkong Ordinance No. 9 of 1893.
An Ordinance for the Suppression of the Pernicious Practice of injecting Preparations of
Morphine by unqualified Persons.
[2 T^rd September 1893.]
Whereas it is desirable to forbid, in this Colony, the practice of injecting morphine,
except in cases where such treatment has been prescribed by some duly qualified medical
practitioner, and to make provision for effectually suppressing such practice
Be it therefore enacted by the Governor of Hongkong, with the advice and consent of
the Legislative Council thereof, as follows :
—
I.—This Ordinance may be cited as the Morphine Ordinance, 1893.
2.—For the purposes of this Ordinance,
—
" Morphine " includes morphia and all salts of morphine and any solution thereof
that can be used as an injection, but not preparations for ordinary internal
use containing morphine as an ingredient but not suitable for purposes of
injection
" Duly Qualified Medical Practitioner" means a practitioner registered under any
Ordinance for the time being in force relating to the registration of
medical practitioners
" Chemist or Druggist " means a chemist or druggist holding an European or
American certificate of qualification.
Reports from Great Britain and its Possessions, etc. 213
3.—(i.) Every person who administers by injection any morphine to any other
person, except in a case where the same has been prescribed by some duly
qualified medical practitioner, shall, on conviction before a Magistrate, be
liable to a penalty not exceeding fifty dollars or to imprisonment, with or
without hard labour, for any term not exceeding two months.
(2.) The onus of proving the exception shall lie on the person so administering the
morphine.
4.—(i.) Every person who, except in a case where morphine has been prescribed
by some duly qualified medical practitioner, furnishes morphine to any
person, except to a duly qualified medical practitioner or to a chemist or
druggist, shall, on conviction before a Magistrate, be liable to a penalty not
exceeding fifty dollars or to imprisonment, with or without hard labour, for
any term not exceeding two months.
(2.) The onus of proving the exception shall lie on the person furnishing morphine
as aforesaid.
Provided that this section shall not apply to the furnishing of morphine for the
purpose of bond-fide exportation.
5.—It shall be lawful for any officer or constable of the Police, duly authorized by
warrant of any Justice of the Peace (which shall be in the form in the Schedule to this
Ordinance), with such assistants as may be necessary, to enter and, if necessary, to break into
any place which such Justice of the Peace may, from sworn information or of his own
knowledge, have reasonable grounds to suspect and believe to be a place kept or used for the
injection of morphine contrary to the provisions of this Ordinance or where such injection is
carried on, and to arrest any persons who may be found therein and whom he may suspect to
have acted or to be acting in contravention of this Ordinance, and to seize all morphine,
hypodermic syringes, and other appliances which may be found there and which are capable
of being used for the injection of morphine, and, on conviction of the offender, or in any case
if the Magistrate, so orders, they shall be forfeited to Her Majesty, her heirs and successors,
and be dealt with as the Magistrate may direct.
SCHEDULE.
Form of Warrant.
Hongkong.
To each and all the Constables and Officers of the Police of the Colony.
Whereas it appears to me (A.B.), one of the Justices of the Peace for the said Colony
by the information on oath of (CD.), of \or of my own knowledge], that the
place (here insert description of the place) is kept or used for the injection of morphine
contrary to the provisions of the Morphine Ordinance, 1893, or that such injection is carried
on there : This is, therefore, to require you, with such assistants as may be necessary, to enter
and, if necessary, to break into the said place and to arrest all such persons found therein as
you may suspect to have acted or to be acting in contravention of the said Ordinance, and to
seize all morphine, 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 present in the said place, and the said morphine, hypodermic
syringes, and other appliances to bring before a Magistrate, to be dealt with according to the
Ordinance ; and for so doing this shall be your warrant.
Given under my hand and seal at Victoria, in the said Colony, this
day I .
A.B.,
J.P.
[L.S.]
Hongkong Ordinance No. 12 or 1908.
An Ordinance to provide for the Registration of Chemists and Druggists
and to regulate the Sale of Poisons.
F. D. LUGARD,
Governor.
[26th June 1908.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the
Legislative Council thereof, as follows :
—
I.—This Ordinance may be cited as "The Pharmacy Ordinance 1908."
2.—In this Ordinance the term "Registered Persons" means all persons registered
under this Ordinance.
3.—No person shall sell or keep an open shop for retailing dispensing or compounding
poisons or shall take use or exhibit the name or title of Chemist and Druggist or Chemist
or Druggist, unless such person is a duly registered Pharmaceutical Chemist or Chemist
and Druggist under the Act of the Imperial Parliament styled "The Pharmacy Act
1868" and registered under this Ordinance or shall take, u.se, or exhibit the name or title
of Pharmaceutical Chemist Pharmaceutist or Pharmacist unless such person is a duly
registered Pharmaceutical Chemist under the said Pharmacy Act 1868 and registered under
this Ordinance or has been duly registered in the manner hereinafter i^rovided.
4.—When any person who at the time of the passing of this Ordinance is in practice
as a Chemist and Druggist and has satisfied the Governor of his skill and competency
to conduct the business of a Chemist or Druggist or when an)' person although not
duly registered under the said Pharmacy Act 1868 shall prove to the satisfaction of the
Governor that he possesses a similar qualification of some legally recognised British or
Foreign Pharmaceutical Institution or Examining Body or has passed through a course of
study and examination similar to the course of study and examination required for registration
under the said Pharmacy Act the Governor ma)' cause such person to be duly registered as a
Pharmaceutical Chemist or Chemist and Druggist.
5.—Nothing hereinbefore contained shall extend to or interfere with the business of
wholesale dealers duly licensed under this Ordinance in supplying poisons in the ordinary
course of wholesale dealing, but subject nevertheless to any condition that ma)- be imposed
under their licenses.
6.—The Governor-in-Council may from time to time make, vary, and rescind
regulations for any of the following purposes :
—
(a.) Prescribing the character and scope of the course of stud)' and examination
required to have been passed by applicants for registration under Section 4.
(b.) The appointment of examiners for the purposes of such examination and the
fees payable by the applicants in respect of such examination.
(c.) The issue of certificates by such examiners.
(d.) The amount of the fee (if any) payable on registration.
(e.) The keeping, dispensing, and selling of poisons by registered persons.
(f.) The issue of licences to wholesale dealers for suppl)'ing poisons in the
ordinary course of wholesale dealing together with the conditions on
which such licences are granted.
(g.) The payment of fees in respect of licences granted to wholesale dealers.
(h.) The imposition of penalties on the violation of any or either of the
conditions embodied in such licences or otherwise on breach of any
regulation made in pursuance of this section and the mode of recovery
of the same.
(i.) Generally for carrying out this Ordinance.
Such regulations shall be published in The Gazette and shall have the force and effect
of law in the same manner as if they were incorporated in this Ordinance.
Reports from Great Britain and its Possessions, etc. 215
7-—The Colonial Secretary shall keep a register of all persons entitled to be registered
under this Ordinance in such form as he may deem proper and from time to time make the
necessary alterations therein and a copy of such register shall be published annually in the
Gazette by the Colonial Secretary.
8.—No registered person shall compound any medicine of the British Pharmacopceia
except according to the formularies of the said Pharmacopoeia.
9.—The several articles named or described in the Schedule A to this Ordinance shall
be deemed to be poisons within the meaning of this Ordmance and the Governor-in-Council
may from time to time declare by Order published in the Garjctte that any article shall be
deemed to be a poison within the meaning of this Ordinance.
10.—It shall be unlawful to sell an)' poison, either by wholesale or by retail, unless the
box, bottle, vessel, wrapper, or cover in which such poison is contained be distinctly labelled
in English and Chinese with the name of the article and the word Poison, and with the name
and address of the seller of the poison; and it shall be unlawful to sell any poison of those which
are specified in the First Part of Schedule A to this Ordinance, or may hereafter be added
thereto under Section 9 of this Ordinance, to any person unknown to the seller, unless
introduced by some person known to the seller ; and on ever)' sale of any such article the seller
shall, before delivery, make or cause to be made an entry in a book to be kept for that purpose
stating, in the Form set forth in Schedule B to this Ordinance, the date of the sale, the name
and address of the purchaser, the name and quantity of the article sold, and the purpose for
which it is stated by the purchaser to be required, to which entry the signature of the purchaser
and of the person, if any, who introduced him shall be affixed.
For the purposes of this section the person on whose behalf any sale is made by any
apprentice or servant shall be deemed to be the seller.
II.—The provisions of the last preceding section shall not apply
(i.) to wholesale dealers in the ordinary course of wholesale dealing who may be
licensed by regulation of the Governor-in-Council under Section 6
provided always that poisons sold by such wholesale dealers be labelled
with the name of the article and the word Poison in English and Chinese or
(2.) to any article when forming part of the ingredients of any medicine dispensed
by registered persons ; or
(3.) to any medicine supplied—
(a.) by a legally qualified medical practitioner to his patient ; or
(b.) by any duly qualified licentiate of the Hongkong College of Medicine
to his patient ; or
(c.) to his patient by such other person holding such diploma of some
legally recognised British or Foreign Medical Institution or
Examining Body as may be approved by the Governor; or
(d.) for animals under his care by any member of the Royal College of
Veterinary Surgeons of Great Britain or by such other person
holding such diploma of some legally recognised British or Foreign
Veterinary Institution or Examining Body as may be approved by
the Governor.
Provided that such medicine is labelled with the name and address of
such seller and the ingredients thereof be entered, with the name of the person
to whom it is sold or delivered, in a book to be kept by the seller for that
purpose.
12.—The Governor-in-Council may direct the name of any person who is convicted of
an offence against this Ordinance which in his opinion renders him unfit to be on the Register
to be erased from such Register and the Colonial Secretary shall erase the same accordingly
and shall publish a notice to such effect in the Gazette.
1 3.—Any person convicted of an offence
—
(a.) against Sections 3 and 10, shall be liable to a penalty not exceeding $50
for the first offence and to a penalty not exceeding $100 for the second or
any subsequent offence and in default of payment thereof to imprisonment
with or without hard labour for any term not exceeding two months.
(b.) against Section 8 shall be liable to a penalty not exceeding $50.
Such penalties shall be recoverable summarily before a Magistrate; but
nothing in this Ordinance shall prevent any person from being liable to any
other penalty damages or punishment to which he would have been subject if this
Ordinance had not been passed.
14.—The bye-laws relating to Poisons contained in Schedule B of the Public Health
and Buildings Ordinance 1903, are hereby repealed.
IS-—Nothing in this Ordinance contained shall be construed as affecting the
provisions of the Prepared Opium Ordinance 1891, The Morphine Ordinance 1893, and the
Prepared Opium Amendment Ordinance 1906.
Passed the Legislative Council of Hongkong, this 25th day of June 1908.
C. Clementi,
Clerk of Councils.
Assented to by His Excellency the Governor, the 26th day of June 1908.
F. H. May,
Colonial Secretary.
SCHEDULE A.
The articles herein described are hereby declared to be poisons under Section 9.
Poisons.
Part I.
Aconite and its preparations.
Alkaloids—all poisonous vegetable alkaloids and their salts ; also all poisonous
derivatives of vegetable alkaloids.
Arsenium compounds and preparations of such.
Atropine—preparations of
Cantharides and its poisonous derivatives.
Cocaine, and its salts.
Corrosive sublimate.
Cyanide of Potassium, and all metallic cyanides and the preparations of such articles.
Emetic tartar.
Ergot of Rye and its preparations.
Picrotoxin.
Prussic acid and its preparations.
Savin and its oil.
Strychnine and its preparations.
Part II.
Almonds, Essential Oil of (unless deprived of its Prussic Acid).
Belladonna and its preparations.
Cantharides Tincture and all liquid vesicating preparations of
Carbolic Acid, liquid preparations of, and homologues (if containing more than three
per cent, of such substances).
Chloral hydrate and its preparations.
Chloroform.
Cocaine preparations.
Corrosive sublimate—preparations of
Digitalis and its preparations.
Mercuric Iodide.
Mercuric Sulphocyanide.
Morphine—preparations of
Nux Vomica and its preparations.
Oxalic Acid,
Precipitate, Red (Red Oxide of Mercury).
Precipitate, White (Ammoniated Mercury).
Strophanthus and its preparations.
Every Compound containing a poison within the meaning of this Ordinance when
prepared or sold for the destruction of vermin.
SCHEDULE B.
Date of sale.
Name and address of purchaser.
Name and quantity of article.
Purpose for which it is required.
Signature of purchaser.
Signature of person introducing purchaser.
Hongkong Ordinance No. 13 of 1908.
An Ordinance to prohibit the Exportation of Prepared Opium to China
and to French Indo-China.
F. D. Lugard,
Governor.
\ird July 1908.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the
Legislative Council thereof, as follows :
—
I.—This Ordinance may be cited as "The Prepared Opium Amendment Ordinance,
1908," and shall be read and construed as one with The Prepared Opium Ordinance, 1891
(hereinafter called "The Principal Ordinance") and with The Prepared Opium Amendment
Ordinance, 1906, and this Ordinance and the said Ordinances may be cited together as "The
Prepared Opium Ordinances 1 891 -1908."
2.—From and after the coming into operation of this Ordinance it shall be unlawful for
the Opium Farmer, his licensees, or any other persons whomsoever to export or cause to be
exported prepared opium from the Colony to China or French Indo-China and any person
violating the provisions of this section shall be liable on summary conviction to the penalties
imposed under Section 52 of the Principal Ordinance.
Provided always that this section shall not be construed as applying to the possession
by a passenger by steamer from Hongkong to China or French Indo-China of a quantity of
prepared opium, to be used for personal consumption on the voyage, not exceeding 5 mace for
every day of duration of the voyage.
Sections J, /^ and s incorporated with The Prepared Opium Ordinance, 18^1 (Ordinance
No. 8 of 1891).
Passed the Legislative Council of Hongkong, this 2nd day of July 1908.
C. CLEMENTI,
Clerk of Councils.
Assented to by His Excellency the Governor, the 3rd day of July 1908.
F. H. May,
Colonial Secretary,
Government Notification No. 320 of 1899.
Order made by the Governor-in-Council under Section 3 of Ordinance 10 of 1899,
this 8th day of June 1899.
The following Ordinances, together with any existing Rules, Regulations, Bye-laws,
Orders-in-Council, Notifications, or Proclamations, made under such Ordinances, or any of
them, shall apply to the New Territories on the 12th day of June 1899, namely:
—
The Raw Opium Ordinance, 1887. (No. 22 of 1887.)
The Prepared Opium Ordinance, 1891. (No. 21 of 1891.)
The Raw Opium Amendment Ordinance, 1891. (No. 22 of 1891.)
An Ordinance to amend the Prepared Opium Ordinance, 1891. (No. 4 of 1894.)
The Prepared Opium (Divans) Ordinance, 1897. (No. 15 of 1897.)
An Ordinance to amend the Prepared Opium (Divans) Ordinances, 1897. (No. i of
1898.)
The expression. New Territories, as used in this Order-in-Council shall have the same
meaning as in Ordinance No. 10 of 1899.
J. G. T. Buckle,
Clerk of Councils.
Council Chamber,
Hongkong.
Regulations made by the Officer Administering the Government in Council, on the
I ith March 1902, under Section 7 of Ordinance 15 of 1897, in substitution for the Regulations
made on the ist March 1898.
(Published in the Government Gazette of the 27/^ March 1902.)
I.—Every licensed keeper of an Opium Divan shall provide at his own expense two
photographs of himself, of which one shall always remain affixed to his licence and the other
shall be affixed to the counterfoil of the licence.
2.—Every licensed keeper of an Opium Divan shall show his licence at all times to the
Opium Farmer, Dross Opium Farmer, any Excise Officer, an)' Officer of the Police not being
under the rank of Sergeant and any Officer of the Sanitar)' Board who may demand to inspect
such licence.
3.—Every licensed keeper of an Opium Divan shall, before opening his divan to the
public, enter into a bond with the Colonial Secretary in the sum of $25 with one surety for the
due performance of all conditions endorsed on the Opium Divan Licence, of all Sanitaiy
Bye-laws, and of these Regulations.
4.—Every licensed keeper of an Opium Divan shall pay an annual fee of $10 payable
half-yearly in advance on the i st March and i st September ; if such fee be not paid within one
calendar month from the date when it falls due, the Opium Divan Licence in respect of which the
fee is in arrear shall be deemed to have been cancelled unless the Governor shall otherwise direct.
5.—Opium Divans shall be divided into two classes, viz.. First Class Divans in which
Prepared Opium may be smoked, and Second Class Divans in which Dross Opium alone may
be smoked.
6.—The penalty for the breach of any of Nos. i, 2, and 3 of these Regulations shall be
a sum not exceeding $25.
R. F. Johnston,
Acting Clerk of Councils.
Council Chamber,
Hongkong, i \th March 1902.
Retorts from Great Britain and its Possessions, etc. 219
Conditions to be endorsed on an Opium Divan Licence.
I.—Whenever propertx-, of which the ownei- is not known to the licensed keeper, shall be
found in an Opium Divan, the licensed k(:;eper shall forthwith report t(j the nearest Police
Station that such property has been found, shall furnish full particulars of such property to a
Police Officer, and shall detain such property in safe custody till it is handed over to a Police
Officer.
2.—Every licensed keeper of an Opium Divan shall keep ready for immediate use such
number of hand buckets or other like appliance for the extinction of fire as the Superintendent
of the Fire Brigade shall consider sufficient in each case.
3.—Any death which occurs in a licensed Opium Divan must be reported at once by
the licensed keeper either at the Registrar General's Office or at a Police Station.
4.—All Sanitary Bye-laws in force for the time being must be observed under the
penalties therein proxided.
The attention of licensees is specially directed to the following requirements of the
law :
—
(i.) Any death which occurs in a licensed Opium Divan must be registered at
the Registrar General's Office within 48 hours. (Ordinance 16 of 1896,
s. I I.)
(2.) No person other than an adult male is to be permitted to smoke opium or
dross opium in an Opium Divan. (Ordinance 15 of 1897, s. 6.)
(3.) No female, not being the Opium Divan keeper or the wife or child of such
keeper, is to be permitted or suffered to enter or remain in an Opium
Divan. (Ordinance 15 of 1897, s. 6 as amended by s, 3 of Ordinance i
of 1898.)
(4.) No armed person is to be permitted to be in an Opium Divan. (Ordinance
15 of 1897, ^- 6.)
Note.—Licensees of Opium Divans must make their own arrangements with the
Opium Farmer with regard to any Opium or Dross Opium required by them in
their business.
Order made by the Governor-in-Council, under the Prepared Opium Amendment
Ordinance, 1904, Section 12C.
(Published in the Government Gasette of the jrd Marc/i 1905.)
The following medicines are exempted from the provisions of section 12C. of the
Ordinance :
—
Battle's Bromidia,
Battley's Liquor Opii Sedativus,
Browne's, Collis, Chlorodyne,
Burroughs, Wellcome & Co.'s Morphia Suppositories,
Do do.. Tabloids,
Do do., do for hypodermic use,
Do Lead and Opium Soloids,
Ferris's Nepenthe,
Freeman's Chlorodyne,
Kay's Essence of Linseed,
Powell's Balsam of Aniseed,
Towle's Chlorodyne,
Winslow's Soothing Syrup.
The following medicines manufactured locally are also exempted :
—
Pain Expeller,
Pill Anticholeric,
Tincture Anticholeric, as prepared at the Medical Hall (Mr. NiEDHARDT),
Blood-spitting Mixture,
Catarrh Mixture,
Do. Snuff,
Chlorodyne,
Colic Mixture,
Consumption Mixture,
Cough Linctus,
Diarrhoea Mixture,
Ear Drops,
Eye Drops,
Fever and Ague Mixture,
Indigestion Mixture,
Odontoline,
Painkiller Drops,
Do. Liniment,
Painkiller Mixture,
Pile Electuary,
Do. Mixture,
Sedative Embrocation,
Do. Mixture,
Sprain and Rheumatic Embrocation,
Syphilitic Mixture,
Do. Ointment,
Toothache Remedy, as prepared at Messrs. Watkins & Co. S,
Asiatic Cordial,
Balsam of Aniseed,
Diarrhoea Mixture, as prepared at Messrs. A. S. Watson & Co.'s,
Cruickshank's Cholera Mixture,
Do. Cramp Mixture,
Do. Diarrhoea Mixture,
Dakin's Chlorodyne,
Do. Toothache Tincture, as prepared at the Victoria Dispensary.
S. B. C. Ross,
Clerk of Councils.
Council Chamber,
Hongkong, 2a^th February 1905.
Addition to Bye-law i of the Bye-laws governing Opium Divans contained in Schedule
"B" of Ordinance No. i of 1903.
Made by the Sanitary Board under Section 16 of the said Ordinance.
(Published in the Government Gazette of the 26th May 1905.)
Provided that, in the case of any existing licensed opium-smoking divan on an upper
storey, it shall be sufficient for the floor surface thereof to be paved with non-absorbent cement
tiles or with encaustic or other approved tiles, such tiles to be laid evenly and bedded and
jointed in cement, or for the floor to be constructed of smooth and well-jointed hardwood, to
the satisfaction of the Board.
Made by the Sanitary Board this i8th day of April 1905.
W. BowEN Rowlands,
Assistant Secretary.
Approved by the Legislative Council this 2Sth day of May 1905.
A. G. M. Fletcher,
Clerk of Councils.
Reports from Great Britain and its Possessions, etc. 221
Colonial Secretary's Department.
No. 157.—The Opium Farmer has, under the provisions of Section 12 D of tha
Prepared Opium Ordinance, 1891, as amended by Ordinance No. 10 of 1904, established his
premises at Nos. 36 and 38 Bonham Strand West as a bonded warehouse for the use of dealers
in compounds of opium imported for exportation from the Colony and not for sale or use
therein.
Until further notice no fee or other charge will be payable in respect of the storage of
such compounds of opium in the said premises.
T. Sercombe Smith,
Colonial Secretary.
20tk February 1906.
Colonial Secretary's Department.
No. 939.—It is hereby notified that His Excellency the Governor has been pleased
to establish under Section 12D of the Prepared Opium Amendment Ordinance, 1906
(Ordinance No. 15 of 1906), the Godowns of the Hongkong and Kowloon Wharf and Godown
Company, Limited, situate at Kowloon, as a bonded warehouse for the use of dealers m
morphine and compounds of opiums imported for exportation and not for use or sale in the
Colony.
Sercombe Smith,
Colonial Secretary.
Sth November 1906.
Regulations made by the Governor-in-Council under Section 12D of the Prepared
Opium Amendment Ordinance, 1906 (Ordinance No. 15 of 1906), with regard to the storage
and removal of Morphine and Compounds of Opium imported for exportation in and from
the Bonded Warehouses established by the Governor and the Opium Farmer under
Notification No. 939 of the 8th November 1906, and to the payment of charges for storage
therein.
(Published in the Government Gazette of the %th November 1906.)
I.—The bonded warehouses shall be open for the storage and removal of morphine
and compounds of opium between the hours of 9 a.m. and 5 p.m., Sundays excepted.
2.—The storage charges shall be such as shall be fixed by the Hongkong and Kowloon
Wharf and Godown Company and by the Opium Farmer respectively but shall in no case
exceed the charges ordinarily demanded by the Godown Company.
3.—No morphine or compounds of opium shall be removed from the bonded warehouses
until all storage charges shall have been paid unless with the consent of the Godown Company
or the Opium Farmer as the case may be.
4.—No morphine or compounds of opium shall be stored in any bonded warehouse
whatsoever until the importer has made the declaration required by Section 12B of the
Ordinance and has obtained from the Superintendent of Imports and Exports a written permit
to store such morphine or compounds of opium.
Such permit may be in the Form No. i attached to these Regulations.
5.—No morphine or compounds of opium stored in a bonded warehouse shall be
removed without a written permit for that purpose having first been obtained from the
Superintendent of Imports and Exports.
Such permit may be in the Form No. 2 attached to these Regulations.
6.—All original storage and removal permits shall be delivered to the Godown Company
or the Opium Farmer as the case may be and shall be forthwith returned by them to the
Superintendent of Imports and Exports.
7._The Superintendent of Imports and Exports, his staff and Police shall at all times
have access to all morphine and compounds of opium stored in bonded warehouses.
Council Chamber,
%th November 1906.
Form No. i.
Store Permit.
, packages of
marks as noted below, and to store the same in the
Hongkong, , 190
A. G. M. Fletcher,
Clerk of Councils.
is authorized to land from the
with numbers and
Superintendent.
packages of
Form No. 2.
Removal Permit.
is authorized to remove
marked and numbered as below, from
Hongkong,
for exportation.
, 190 .
Superiii tendent.
Regulations made by the Officer Administering the Government in Council, under
Section 12D of the Prepared Opium Amendment Ordinance, 1906 (Ordinance No. 15 of
1906), this lith day of January 1907.
(Published in the Government Gazette of the iZth January 1907.)
The Regulations made by the Governor-in-Council on the 8th day of November, 1906,
and published in Government Notification No. 933 in The Governm,ent Gazette of that date are
hereby amended :
—
(a) by the addition at the end of Regulation No. 4 of the words " and shall be in
duplicate and shall be countersigned by or on behalf of the Opium Farmer. The
duplicate shall be left with the Opium Farmer."
(b) by the addition at the end of Regulation No. 5 of the words " and shall be in
duplicate and shall be signed by or on behalf of the Opium Farmer, and before
any morphine or compound of opium referred to therein is moved from a
bonded warehouse the duplicate permit shall be left with the Opium Farmer."
(c) by the addition to Forms Nos. i and 2 of the words " Countersigned
Council Chamber,
1 1 th January 1 907.
Opium Farmer^
A. G. M. Fletcher,
Clerk oj Councils.
Reports from Great Britain and its Possessions, etc. 223
Order made by the Governor-in-Council under Section 12c of the Prepared Opium
Ordinance 1891 (Ordinance No. 8 of 189 1) as amended by the Prepared Opium Amendment
Ordinance 1906 (Ordinance No. 15 of 1906) this nth day of March 1907, in substitution for
the Order made by the Governor-in-Council on the 8th day of November 1906, and published
in Government Notification No. 932 of the same date.
(Published in the Governiiieiit Gazette of the ^th April 1907.)
The following medicines manufactured in and imported from Europe, America or any
British Colony are hereby exempted from the provisions of the Prepared Opium Ordinance
1 89 1, provided that they are sold only in the original unopened packages in which they are
packed by the makers.
Burroughs, Wellcome & Co.'s Anaesthetic Compound A,
Do. Anaesthetic Compound B,
Do. Apomorphia Hydrochloride,
Do. Apomorphia and Strychnine,
Do. Aromatic Chalk and Opium,
Do. Assafetida and Opium Compound,
Battle's Bromidia,
Battley's Liquor Opii Sedativus,
Burroughs, Wellcome & Co.'s Benzoic Acid Compound,
Browne's, Collis, Chlorodyne,
Burroughs, Wellcome & Co.'s Morphia Suppositories,
Burroughs, Wellcome & Co.'s Morphia Tabloids,
Burroughs, Wellcome & Co.'s Morphia Tabloids for
hypodermic use.
Burroughs, Wellcome & Co.'s Lead and Opium Soloids,
Burroughs, Wellcome & Co.'s Codeinae Phosphas,
Do. Codeine,
Do. Codeine and Nux Vomica,
Do. Dover's Powder,
Do. Dover's Powder and Grey Powder,
Do. Enule Gall and Opium,
Do. Enule Lead and Opium,
Do. Enule Morphia and Belladonna,
Do. Enule Morphia Hydrochloride,
Do. Enule Opium Extract,
Do. Ergotin and Morphia,
Ferris's Nepenthe,
Freeman's Chlorodyne,
Burroughs, Wellcome & Co.'s Grey Powder, Opium and Quinine,
Hewlett's Compound Mixture of Pepsin and Bismuth.
Burroughs, Wellcome & Co.'s Heroine Hydrochloride,
Do. Hyoscine Compound A,
Do. Hyoscine Compound B,
Do. Ipecac and Squill,
Johnson's Soothing Syrup,
Kay's Essence of Linseed,
Burroughs, Wellcome & Co.'s Kino Compound,
Do. Morphia and Apopine,
Do. Morphine and Apomorphint.
Do. Morphine and Emetine,
Do. Morphine, Strychnine and Belladonna,
Do. Opium,
j)o. Opium Tincture (Laudanum tabloids),
Oppenheimer's Compound Mixture of Pepsin and
Bismuth,
Perry Davis' Pain Killer,
Burroughs, Wellcome & Co.'s Pill Camphor, Opium and Assafoetida Compound,
Do. Pill Opii,
Do. Pill Plumbic Opio,
Do. Pill Scillae Compound,
Powell's Balsam of Aniseed,
Schacht's Compound Mixture of Pepsin and Bismuth,
Sellar's Compound Mixture of Pepsin and Bismuth,
Steam's Pain Cure,
Burroughs, Wellcome & Co.'s Tinct. Camphor. Compound (Paregoric tabloids).
Towle's Chlorodyne,
Winslow's Soothing Syrup.
A. G. M. Fletcher,
Clerk of Councils.
Council Chamber,
1 1 th March 1 907.
Regulations made by the Governor-in-Council under Section 6a of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for prescribing the character and scope of the
course of study and examination required to have been passed by applicants for registration
under Section 4 of the above-mentioned Ordinance, this 17th day of August 1908.
(Published in the Government Gazette of the 21^^ August 1908,
Government Notification No. 561.)
I.—The applicant must have attained the full age of 21 years and must produce a
certified declaration that for three years he has been engaged practically in the translation and
dispensing of prescriptions.
2.—The applicant must be able to pass an examination in Pharmaceutical and General
Chemistry and Physics as applied to Chemistry. He must understand chemical theory, the
general characters of the non-metals and their methods of preparation, the general characters,
classification, and extraction of the metals, and the general methods of forming oxides
and salts.
He must have a knowledge of carbon, its oxides, of cyanides, oxalic acid, of the chief
methods of preparing methane, ethane, ethylene, acetylene, methyl and ethyl alcohols, formic
and acetic aldehydes and acids, glycerol, benzene, phenol, chloral hydrate, chloroform,
iodoform, and ether, and of the principal properties, reactions and mutual relations of these
compounds.
The applicant must be able to determine the specific gravities of liquids and solids, to
analyse a mixture containing not more than two metals and two acid radicles, to recognise by
chemical tests the more important non-metallic elements and compounds, and the more
important metals and their salts, to recognise by their physcial properties those which possess
well defined characteristics, and to identify by chemical tests hydrocyanic acid, cyanides,
oxalates, acetates, cane sugar, grape sugar, salicin, quinine, morphine, strychnine, and their salts.
He must be able to prepare and use the volumetric solutions described in the British
Pharmacopoeia.
3.—In Botany and Materia Medica he must have a general knowledge of the external
form of plants and a general acquaintance with the elements of plant anatomy, and must be
able to recognise specimens of any crude drugs mentioned in the British Pharmacopoeia.
4.—In Pharmacy the applicant is required to show a general knowledge of the processes,
and understand the principles of the processes by which the official preparations belonging to
the following classes are made:—collodions, confections, decoctions, dilute acids, extracts
(solid and liquid), glycerines, infusions, juices, liniments, lotions, mixtures, ointments, pill
masses, plasters, powders (simple and compound), solutions, spirits, suppositories, syrups,
tinctures, vinegars, waters and wines. A knowledge of the proportion of active ingredient or
crude material in official preparations containing aconite, antimony, arsenic, belladonna, calabar
Reports from Great Britain and its Possessions, etc. 225
bean, cantharides, chloral hydrate, chloroform, caustic potash and soda, colchicum, digitalis,
elaterinum, ergot, iodine, iodoform, ipecacuanha, lead, mercury, nux vomica, opium, phosphorus',
scammom-, stramonium, squill, alkaloids and alkaloidal salts.
He must have also a knowledge of the law relating to the sale of poisons.
S.—In dispensing the applicant must be able to weigh, measure, and compound
medicines; to write the directions in concise language in a neat and distinct hand; to finish
and properly direct each package.
6.—In prescriptions he must be able to translate autograph prescriptions into English,
to detect errors, discover unusual doses, and have a general knowledge of Posology, and
to calculate percentages and other quantities occurring in prescriptions.
7-—Applicant may be exempted from examination in any subject provided that he
can produce a certificate from some dul\' recognised examining body that he has passed as
thorough and efficient an examination in that subject as is required by these regulations.
Candidates must not take into the Examination Rooms or Laboratories any books or
any notes or memoranda, whether written or in print.
Council Chamber,
ijth August 1908.
C. Clementi,
Clerk of Councils.
Regulations made by the Governor-in-Council under Section 6b of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the fees payable by applicants in respect of
examination, this 17th day of August, T908.
(Published in the Government Gazette of the 2\st August 1908,
Government Notification No. 562.)
I.—An applicant for registration under Section 4 must forward to the Colonial Secretary
with his application the sum of twenty-five dollars, which is payable whether or not the
applicant is examined in all or any subject, or submits certificates in lieu of examination.
This fee shall cover the cost of registration in case the applicant is approved for such.
2.—In case an applicant is not approved for registration or fails in an examination, a fee
of fifteen dollars shall be payable in any subsequent application or examination.
3.—An applicant who for any good and sufficient reason has been unable to attend an
examination arranged for him, may sit again on payment of a reduced fee of ten dollars.
C. Clementi,
Clerk of Councils.
Council Chamber,
lyth August 1908.
Regulations made by the Governor-in-Council under Section 6c of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the issue of certificates by examiners, this
17th day of August, 1908.
(Published in the Government Gazette of the 21^^' August 1908,
Government Notification No. 563.)
I
The certificate granted to an applicant who has passed in any examination required
under this Ordinance shall read as follows •
—
Government of Hongkong.
This is to certify that....
has passed an examination in.
As witness.
Examiners.
Date
2.—The certificate shall be sent by the examiners to the Colonial Secretary who shall
forward it to the successful applicant.
3.—If the certificate shows that the applicant has passed in all the subjects required for
registration, the following words shall be added to it :
—
Approved for registration as a Chemist and Druggist,
Colonial Secretary.
C. Clementi,
Clerk of Councils.
Council Chamber,
Y^th August 1908.
Regulations made by the Governor-in-Council under Section 6d of The Pharmacy
Ordinance, 1908, (Ordinance No. 12 of 1908), for the amount of fee (if any) payable on
registration, this 17th day of August, 1908.
(Published in the Government Gazette of the 21^'^ August 1908,
Government Notification No. 564.)
The fee for registration shall be ten dollars payable to the Colonial Secretary.
C. Clementi,
Clerk of Councils.
Council Chamber,
lyth August 1908,
Regulations made by the Governor-in-Council under Section 6e of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the keeping, dispensing, and selling of
poisons by registered persons, this 17th day of August, 1908.
(Published in the Government Gazette of the 2\st August 1908,
Government Notification No. 565.)
I.—In the keeping of poisons each bottle, vessel, box, or package containing a poison
shall be labelled with the name of the article, and also with some distinctive mark indicating
that it contains poison.
Reports from Great Britain and its Possessions, etc. 227
2.—In the keeping of poisons, each poison shall be kept on one or other of the
following systems :
—
(a.) In a bottle or vessel tied over, capped, locked, or otherwise secured in a
manner different from that in which bottles or vessels containing ordinary
articles are secured in the same warehouse, shop, or dispensary; or
(d.) In a bottle or vessel rendered distinguishable by touch from the bottles or
vessels in which ordinary articles are kept in the same warehouse, shop,
or dispensary; or
(e.) In a bottle, vessel, box, or package kept in a room or cupboard set apart for
dangerous articles.
3-—In the dispensing and seUing of poisons, all liniments, embrocations, lotions and
liquid disinfectants containing poison shall be sent out in bottles rendered distinguishable by
touch from ordinary medicine bottles, and there shall also be affixed to each such bottle (in
addition to the name of the article, and to any particular instructions for its use) a label
giving notice that the contents of the bottle are not to be taken internally.
4.—In the selling of arsenic and its preparations
(a.) the poison, if colourless, must be mixed with soot or indigo so as to colour it
(d.) the person to whom the poison is sold or delivered must be apparently not
less than sixteen years of age
(c.) the occupation as well as the name and address of the purchaser, must be
entered in the " Poison Book "
;
(d.) when the purchaser is not known to the seller and is introduced by some
person known to both, this person shall be present as a witness to the
transaction, and shall enter his name and address in the " Poison Book ";
(e.) the requirements of Section 10 of the Ordinance must also be carried out
as required by such Ordinance.
C. Clementi,
Clerk of Councils.
Council Chamber,
lyth August 1908.
Regulations made by the Governor-in-Council under Section 6f of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the issue of licences to wholesale dealers,
this 17th day of August, 1908.
(Published in the Government Gazette of the 2\st August 1908,
Government Notification No. 566.)
I.—Applicants for licences to sell poison in wholesale quantity must forward to the
Colonial Secretary with their applications particulars of the nature or composition of the poison,
or preparation of poison, to be sold, and of the purpose to which it is to be applied, and of
the nature and size of the packages, and of the place of storage.
2.—Licences must be renewed annually.
C. Clementi,
Clerk of Councils.
Council Chamber,
i7^>^ August 1908.
Regulations made by the Governor-in Council under Section 6g of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the payment of fees in respect of licences
granted to wholesale dealers, this 17th day of August, 1908.
(Published in the Government Gazette of the 2\st August 1908,
Government Notification No. 567.)
The fee for such Hcence shall be ten dollars for each poison or preparation of poison sold.
C. Clementi,
Clerk of Councils.
Council Chamber,
17^/2 August 1908.
Regulations made by the Governor-in-Council under Section 6h of The Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the imposition of penalties on the violation
of any or either of the conditions embodied in such licences or otherwise on breach of any
regulation made in pursuance of the said section and the mode of recovery of the same, this
17th day of August, 1908.
(Published in the Government Gazette of the 2\st August 1908,
Government Notification No. 568.)
Any person violating any condition embodied in wholesale licences or otherwise violating
the provisions of any regulation made under Section 6 of the said Ordinance shall be liable to
a penalty not exceeding twenty-five dollars to be recovered summarily before a Magistrate.
C. Clementi,
Clerk of Councils.
Council Chamber,
i^th August 1908.
Regulations made by the Governor-in-Council under Section 6f of the Pharmacy
Ordinance, 1908 (Ordinance No. 12 of 1908), for the issue of Licences to Wholesale Dealers
in Cocaine and its Salts together with the conditions on which such licences are granted, this
23 rd day of December, i(
(Published in the Government Gazette of the 31^^ December 1908,
Government Notification No. 973.)
I.—Every wholesale licence to deal in Cocaine and its Salts shall be in the form No. i
attached to these Regulations.
2.—The conditions upon which ever)- such licence is granted shall be as follows :
(i.) Every bottle or other receptacle in which Cocaine or its Salts are contained
shall be labelled in English and Chinese with the name Cocaine (or the
name of the Salt) and the word " Poison " and every outside package in
which such bottles or receptacles are packed shall be labelled with the
name Cocaine.
(2.) The licensee shall import Cocaine and its Salts for purposes of export
from the Colony only ; and except for purposes of such export the licensee
shall not sell or otherwise part with Cocaine or its Salts within the Colony.
(3.) Cocaine and its Salts shall be exported in the original boxes, cases, or
packages in which they are imported, and the breaking bulk of such boxes,
cases or packages is strictly prohibited.
Reports from Great Britain and its Possessions, etc. 229
(4.) The licensee shall on the importation of Cocaine or its Salts truly declare
before the Superintendent of Imports and Exports the number and marks
of the boxes, cases, or packages in which the Cocaine or its Salts are
contained ; and on the exportation of the Cocaine or its Salts shall truly
declare the destination of such Cocaine or its Salts.
(5.) The licensee shall store any Cocaine or its Salts he may desire to keep
in the Colony, in the Bonded Warehouse established with the Hongkong
and Kowloon Wharf and Godown Company for the purpose.
(6.) The storage charges shall be fixed by the Hongkong and Kowloon Wharf
and Godown Company, but shall in no case exceed the charges ordinarily
demanded by the Godown Company.
(7.) No Cocaine or its Salts shall be removed from the Bonded Warehouse,
until all storage charges shall have been paid, unless with the consent of
the Godown Company.
(8.) No Cocaine or its Salts shall be stored in the Bonded Warehouse until the
importer has made the declaration required under condition (4) and has
obtained from the Superintendent of Imports and Exports written permit to
store such Cocaine or its Salts.
Such permit shall be in the form No. 2 attached to these Regulations.
(9.) No Cocaine or its Salts stored in the Bonded Warehouse shall be removed
without a written permit for that purpose having first been obtained from the
Superintendent of Imports and Exports. Such permit may be in the form
No. 3 attached to these Regulations.
(10.) All original storage and removal permits shall be delivered to the Godown
Company and shall be forthwith returned by them to the Superintendent of
Imports and Exports.
(11.) The Superintendent of Imports and Exports, his Staff and the Police shall
at all times have access to all Cocaine and its Salts stored in the Bonded
Warehouse.
C. Clementi,
Clerk of Councils.
Council Chamber,
2yd December 1908.
Form No. i.
Audit No
Licence to deal wholesale in cocaine and its salts.
Under the Pharmacy Ordinance No. 12 of 1908, Section 6 (f).
of
is hereby licensed by the Governor-in-Council to import, and deal wholesale in Cocaine and its
Salts for One year from the day of 190 .
This licence is issued subject to the observance by the licensee of all the conditions
endorsed on this licence, and to his compliance with all laws and regulations relating to
Cocaine and its Salts from time to time in force during the currency of this licence.
This licence may be revoked at any time by the Governor-in-Council at his discretion
and without assigning cause.
Dated the day of 190 .
Clerk of Councils.
The fee for this licence is $10, payable in advance.
On the day of 190 , received the fee of $10.
Treasurer.
Form No. 2.
Store Permit.
is authorised to land from the packages of
with number and marks as noted below, and to stow the same in the
Superintendent of Imports and Exports.
Hongkong, 1 90 .
Form No. 3.
Removal Permit.
is authorised to remove packages of
marked and numbered as below, from for exportation to
Superintendent of Imports and Exports.
Hongkong, , 190 .
I.
licence for importing, etc., morphine and compounds of opium, under the
PREPARED opium AMENDMENT ORDINANCE, NO. IS OF 1906, SECTION 4.
of is hereby
licensed by the Governor-in-Council to import, prepare, manufacture and deal in morphine
and compounds of opium for One year from the day of 190 . Such
preparation, manufacture, or dealing in morphine and compounds of opium shall be carried
on on the premises known as
This licence is issued subject to the observance by the licensee of all the conditions
endorsed on this licence, and to his compliance with all laws and regulations relating to
morphine and compounds of opium from time to time in force during the currency of this
licence.
The licence may be revoked at any time by the Governor in Council at his
discretion and without assigning cause.
Dated the day of 190 .
On the day of 190 , \
received the fee of $25. J
Treasurer.
Clerk of Councils.
The fee for this licence is $25 payable annually in advance.
Conditions of Licence.
I.—All morphine and compounds of opium as defined by Section 2 of the Prepared
Opium Amendment Ordinance, 1906 (other than such as are exempted by the Governor in
Council under Section 4, 12c, of the Prepared Opium Amendment Ordinance, 1906, and
other than those prepared in particular cases on the prescription of a registered medical
practitioner) shall be kept in receptacles securely fastened and sealed and shall only be sold in
packages of a minimum value of 20 cents each.
Reports from Great Britain and its Possessions, etc. 231
-•—The licensee shall keep a book of certificates with counterfoils numbered consecutively,
and shall give to each purchaser of any morphine or compound of opium, not
exempted under Section 4, 12c, as aforesaid, not prepared on the prescription of a registered
medical practitioner, a certificate showing the nature and quantity of the morphine or
compound of opium purchased, the name and address of the purchaser and the date of purchase.
3-—The licensee shall enter in the counterfoil of every such certificate particulars of
each sale of any morphine or compound of opium (not exempted as aforesaid) including the
date of sale and the name and address of the purchaser, and if the morphine or compound of
opium IS prepared on the prescription of a medical practitioner the name and address of such
practitioner.
4-—The licensee shall enter in a stock book a description of, the quantity of, and date
of receipt of, all morphine and compounds of opium (not exempted as aforesaid) received by
him for the purposes of his business or for any other purpose.
_S-—The licensee shall enter in a stock book a description of, and the quantity of
morphine and compounds of opium upon which he claims exemption from duty under Section
4 I2C, of the above-mentioned Ordinance.
6-—The premises and books of the licensee shall at all times during business hours be
open to the inspection of a Government Officer and a representative of the Opium Farmer
appointed in that behalf by the Governor.
II.
Hongkong Opium Farm.
Conditions of Tendering.
I.—No tender will be received unless the tenderer produces a receipt from the
Treasurer for
—
(i) A deposit of $30,000, or of Title Deeds, or other approved securities to a like
amount, and
(ii) An agreement, to the executed by him on a form provided by the Treasurer, to
the effect that, if he should decline to accept a grant of the Farm on the terms
of the tender sent in by him or fail to give the prescribed security for such
grant, such deposit or securities shall be forfeited to the Crown.
Such deposit must be completed not later than Noon on the 30th day of August 1906.
All deposits will be returned to unsuccessful tenderers.
2.—The tender must state the monthly sum offered for the Farm as rent.
3.—The Government does not bind itself to accept the highest or any tender.
4.—The successful tenderer shall before the 1st day of January 1907, deposit with the
Treasurer approved security, either money or title deeds, to the value of three months' rent of
the Farm for the due perform.ance of the conditions on which the privilege is granted and of
the stipulations or agreement in respect thereof, and the security previously deposited with
the Treasurer on the tender being received will be retained until such successful tenderer shall
have deposited such security. Particulars of the security offered must be submitted to the
Treasurer before the 1st day of November 1906, for the approval of the Government, and the
security shall be in such form as the Treasurer may require. Title deeds of land in any
British Territory may be submitted for approval.
5.—The Governor-in-Council will execute to the accepted tenderer a Grant in the form,
or as near thereto as may be, hereinafter set out, as soon as the security has been completed
to the satisfaction of the Governor-in-Council : and the Grantee shall sign a counterpart of
such Grant.
6.—During the continuance of the privileges the successful tenderer shall be entitled to
the use of a trade mark to be approved by the Governor-in-Council on all Opium prepared
by him.
Conditions to be fulfilled by the Grantee of the Opium Farm, and the breach of which will involve
liability to the forfeiture of the Grant and of the Security deposited -with the Treasurer.
(i.) To pay the monthly fee regularly in advance, from the ist day of March 1907,
on the first day of each month.
(2.) To have no Opium in possession except what is reported through the Imports
and Exports Office; and, unless the special permission of the Governor to exceed that
amount is obtained, to draw not more than 300 chests in any two consecutive months, of
which not more than 175 chests are to be drawn in any one month.
(3.) Not to part with any Opium in tlie raw state either by sale or otherwise, but onl)-
prepared Opium fit for smoking.
(4.) Not to grant to any person any licence to boil or prepare Opium.
(5.) To have one establishment only for boiling ; such establishment to be approved
by the Governor.
(6.) Not to have loose Opium (as defined by the Raw Opium Ordinance, 1887)
elsewhere than in his boihng establishment or any raw Opium other than that covered by
removal permit.
(7.) To supply the licensees of Opium Divans, duly licensed by the Colonial Secretary
under the Prepared Opium Ordinance, 1891, with any Opium and dross Opium required by
them, at rates not exceeding the market rates at the time.
(8.) No transfer of the grant will be permitted except with the previous approval of
the Governor-in-Council.
Form of Grant.
To all to whom these presents shall come I,
Governor and Commander-in-Chief of the Colony of Hongkong
and its Dependencies, and Vice-Admiral of the same, in Executive Council, .send Greeting :
Whereas, by the Prepared Opium Ordinance, 1891, it is enacted, amongst other things,
that the Go\'emor-in-Council may grant, in the manner provided by the said Ordinance, to
any person, for such considerations and upon such conditions and for such periods and
in such form as, from time to time, may be determined by the Governor-in-Council, the
sole pri\ilege of preparing Opium, and of selling, within the Colon}-, Opium so prepared,
inclusive of the privilege of collecting dross and of preparing and dealing in Dross
Opium,—And that the accepted bidder for, or the grantee of such privileges, before he
shall become entitled to the benefit thereof shall gi\'e such security as the Governor-in-
Council may require for the due performance of the conditions of such privileges and of his
stipulations or agreement in respect thereof; And Whereas the Governor-in-Council has
accordingly agreed to grant to (hereinafter referred to as the Grantee)
the privileges hereinbefore mentioned, and known as the Opium Farm, established under the
said Prepared Opium Ordinance, for the term of three years from the ist day of March,
1907, (inclusive) for the monthly sum of on the condititions hereinafter
contained : And Whereas the Grantee has gi\-en the prescribed security for such grant to the
satisfaction of the Governor-in-Council.
Know Ye, therefore, that in pursuance of the said agreement and in consideration of the
premises and of the payment by the Grantee of the monthly sum of on
the first day of each month, in advance, during the term hereby granted, and in pursuance
of the said Ordinance, I, the said Governor, by and with the advice of the said Executive
Council, have given and granted and b)- these presents (the form whereof has been determined
by me in Council) under the seal of the said Colony for myself and my successors in the
Government of the same, do give and grant unto the Grantee his executors and administrators,
the sole pri\ilege of preparing Opium and of selling within the said Colony (including
the New Territories) Opium so prepared inclusive of the privilege of collecting dross, and of
preparing and dealing in dross Opium, for and during the term hei'einafter expressed, in
conformity with, and subject to the Ordinances in that behalf provided, and to the following
conditions and stipulations :
—
Reports from Grkat Britain and its Possessions, etc. 233
I.—That the said monthl\- sum of $ shall, during the said term, be paid
regularly in advance to the Colonial Treasurer and without demand on the first day of each
calendar month, the first of such payments being made on the 1st day of March 1907.
3.—That the Grantee shall not transfer this Grant to any other person or corporation
unless he shall first have obtained the written permission of the Governor-in-Council to do so ;
any permitted transfer shall be in such form as the Governor-in-Council may approve.
3.—That the Grantee shall ha\ e no Opium in possession except what is reported through
the Imports and Exports Office ; and, unless the special permission of the Governor to exceed
that amount is obtained, shall not draw more than three hundred chests in any two consecutive
months, of which not more than 175 chests shall be drawn in any one month.
4.—That the Grantee shall not part with any Opium in the raw state either by sale or
otherwise, but only prepared Opium fit for smoking.
5.—That the Grantee shall not grant to any person any licence to boil or prepare
Opium.
6.—That the holder of the said prix'ileges shall have only one establishment for boiling
and preparing Opium ; such establishment to be approved by the Governor.
7.—That the Governor shall be at liberty at any time to depute such person or persons as
he may think fit to supervise the boiling and preparation of Opium in the boiling establishment.
8.—That the Grantee shall not have loose Opium (as defined by the Raw Opium
Ordinance, 1887), elsewhere than in his boiling establishment, and shall not have in his
possession or under his control any raw Opium other than that covered by a removal permit
authorizing the conveyance of such raw Opium to such establishment.
9.—That the Grantee will supply the licensees of Opium Divans duly licensed by the
Colonial Secretary under the Prepared Opium Ordinance, 1891, with the Opium and Dross
Opium required by them at rates not exceeding the market rates at the time.
10.—That the breach of any of the above conditions and stipulations shall involve the
liability to a forfeiture of the grant and of the security deposited with the Colonial Treasurer.
And so as that the Grantee his executors, and administrators, subject to such conditions
and stipulations, shall and lawfully may have and enjoy the whole profit, benefit, commodity,
and advantage, from time to time, during the said term, coming, growing, accruing and arising
by reason of the said privileges. To have, hold, use, exercise, and enjoy the premises hereby
granted, subject as aforesaid, together with the power to grant licences as in the said
Ordinances provided, subject to such conditions as shall from time to time be approved by the
Governor-in-Council, and all other powers incident to the said privileges, and all benefit and
advantage of the said Ordinances and conditions or any of them, unto the Grantee, his
executors, and administrators, for and during and unto the full end and term of three whole
years commencing with the ist day of March 1907 : Provided always and these presents
are upon this express condition, that if, at any time during the said term hereby granted, the
Grantee, his executors, or administrators, shall not, upon his or their part or behalf, pay the
said monthly rent at the time appointed or shall fail to observe, perform, and keep any of the
said conditions and stipulations, or an)' of the provisions of these pre.sents, or of the said
Ordinances or any of them, then and in any or either of the said cases it .shall be lawful for the
Go\-ernor-in-Council to cancel these presents, and in such case the same shall forthwith cease,
determine and be utterly void, save as hereinafter provided : Provided always, and it is hereby
expressly declared, that the said , executors, or administrators
shall be and remain liable to make good to the Governor all losses and expenses incurred by
reason of such default in payment or by reason of the non-observance or non-performance of
an}' of the said conditions and stipulations or any of the provisions of these presents or of the
said Ordinances, or by reason of any re-sale or re-grant of the said privileges which the
Governor-in-Council may thereupon make.
Provided always that in the event of the exportation of Raw Opium from India being
so restricted during the term hereby granted, as in the opinion of the Governor-in-Council
seriously to affect the business of the Grantee, the onus of proof whereof shall rest on the
Grantee, the Governor-in-Council upon the application of the Grantee, shall reduce the rent
payable under this grant to such an extent or may modify the terms of this grant in such
other manner as to the Governor-in-Council may seem equitable.
prohibited during the term hereby granted and the Grantee not being able to procure
sufficient opium for boiling the Grantee may give notice to the Governor-in-Council of his
desire to surrender this grant, and, if, in the opinion of the Governor-in-Council such prohibition
seriously affects the business of the Grantee, the onus of proof whereof shall rest on the
Grantee, the Governor-in-Council shall thereupon, or so soon thereafter as he may deem
desirable cancel the same. Nothing in the two preceding provisos is to be taken to mean that
an alteration in the quantity of opium exported from India is to be accepted asprirndt facie
evidence that the Farmer is entitled to a reduction of rent or to a modification of the terms of
this grant.
In Witness whereof, I, the said governor, have set my Hand and the Seal of the said
Colony to these presents on the day of 190 .
Bye-Laws Governing Opium Divans.
Schedule B of the Public Health and Buildings Ordinance, ipoj (No. i of ipoj).
I.—Every opium-smoking divan shall be adequately lit and ventilated to the
satisfaction of the Board and shall be paved with good lime or cement concrete laid down at
least six inches thick, and the surface thereof shall be rendered smooth and impervious with
asphalt, cement, or such other material as the Board may approve of
Provided that, in the case of any existing licensed opium-smoking divan on an upper
storey, it sJiall be sufficient for the floor surface thereof to be paved with non-absorbent cement-tiles
or zvtth encaustic or other approved tiles, such tiles to be laid evenly and bedded and jointed in
cement, or for the floor to be constructed of smooth and well-jointed hardwood, to the satisfaction
of the Board.
2.—Every opium-smoking divan shall be so drained as to be in accordance with the
requirements of the Public Health and Buildings Ordinance and the bye-laws made
thereunder, and all inlets to the drains shall be placed outside the building.
3.—Every opium-smoking divan shall be at all times open to inspection by any officer
or member of the Board or officer of the Sanitary Department.
4.—The keeper of an opium-smoking divan shall not permit his premises to be
occupied between the hours of midnight and 5 o'clock a.m. by a greater number of persons
than such as will allow for each adult not less than fifty square feet of habitable floor space or
superficial area, and five hundred and fifty cubic feet of clear and unobstructed air space.
{Exemption deleted in effect by Section ij of Ordinance 2j of ipoj.]
5.—The keeper of an opium-smoking divan shall cause the windows and ventilating
openings of his premises to be kept at all times free from obstruction, and shall daily open
the windows to such an extent and at such times as any be necessary for the efficient
ventilation of the premises unless prevented by inclement weather or by the illness of any
person occupj'ing the said premises.
6.—The keeper of an opium-smoking divan shall cause the internal walls and ceilings
of every part of his premises to be thoroughly cleansed and lime-washed during the months of
January, April, July and October of each year.
7.—The keeper of an opium-smoking divan shall at all times keep his premises in a
clean and wholesome condition, and shall cause all filth and house refuse or other offensive
matter to be removed from his premises daily.
8.—The keeper of an opium-smoking divan shall, without delay report at the office of
the Board, every case of serious illness which shall occur upon his premises, and should such
case prove to be of a contagious nature, he shall afford every facility for the removal of the
sick person and shall adopt all such precautions as the medical officer .of health or other duly
authorized officer of the Sanitary Department shall direct. For the purposes of this bye-law
any officer in possession of instructions in writing signed by the secretary or by the medical
officer of health shall be deemed to be duly authorized.
Ei"gihth Session.
QUESTIONS PUT TO THE BRITISH DELEGATION.
A.
—
By the American Delegation.
Dr. Tenney:
I.—Referring to the statement concerning the amount of Malwa Opium now on
hand (page 6, par. 30 of Report on India) : in the opinion of the British Delegation would
the fiscal difficulty in India be increased or diminished by shortening the period within
which Opium may be exported from India to China, in view of the fact that Opium cultivation
is still continuing and the stock of Opium accumulating ?
Dr. Hamilton Wright :
2.—Is it possible for the Government of India to prevent the passage across British
Indian Territory to the sea of Opium produced in the Native Staies ?
3.—With the gradual suppression of poppy growth in the Bengal Agencies to meet
the lessened exportation from Calcutta, could any means be taken to prevent an increased
growth in Cashmir and Nepaul ?
4.—Is there or is there not an Agreement between the British Indian Government
and the Nizam of Hyderabad which prevents the growth of poppy in that State, and could
not similar Agreements be made by the British Indian Government with other Native States
in which the poppy is grown and opium produced for export ?
B.
—
By the Chinese Delegation.
Mr. T'ANG :
According to existing arrangements made between the Chinese and British Governments,
will the reduction annually for ten years by 5) 100 chests of Opium from the total
Indian export mean that a corresponding reduction in the import of Indian Opium into
China is assured, irrespective of the conditions of demand in China ?
ANSWERS TO THE QUESTIONS PUT TO THE BRITISH DELEGATION.
A.
By the American Delegates.
I.—The British Delegates are unable to discuss the hypothetical case put in the
question, which assumes a departure from the agreement relating to the export of Opium from
India which stands accepted by the Governments of Great Britain and China.
2.—The British Delegates are of opinion that the control exercised by the Government
of India over their territories in the interior and at their seaports is sufficient to enable them
to prevent the irregular export of Native States Opium by sea on any appreciable scale.
3'—The British Delegates regret that they have not the material on which to base a
reply to this question.
4-—As regards the first part of the question there is in force an agreement between the
Indian Government and His Highness the Nizam of Hyderabad under which the latter
prohibits the cultivation of the poppy within his territories. The agreement provides that
either of the parties shall be at liberty to withdraw from it after giving to the other party
twelve months' notice.
As regards the second part of the of the question, the British Delegates are unable to
express an opinion. They have already stated in their Memorandum on Opium in India that
the situation in regard to the Native States is at the present moment under consideration.
B.
By the Chinese Delegation.
The British Delegates are unable to amplify the evident significance of the diplomatic
arrangement to which this question refers.
Tenth Session.
QUESTION PUT BY THE AMERICAN DELEGATION TO THE
BRITISH DELEGATION.
Will the Right Hon. the Chief Commissioner for Great Britain please inform the
Commission as to the amount of opium prepared for smoking shipped from Hongkong and
the Straits Settlements to the Philippine Islands?
Reports from Great Britain and its Possessions, etc. 243
Eleventh Session.
ANSWER TO THE QUESTION PUT BY THE AMERICAN DELEGATION
TO THE BRITISH DELEGATION.
In Hongkong the preparation of opium for smoking is restricted by law to the Opium
Farmer; and an examination of the Opium Farmer'.s books, made by the Government of
Hongkong in May 1908, showed that the Opium Farmer did not ship any opium prepared
for smoking to the Philippine Islands.
The exports from the Straits Settlements of opium prepared for smoking is illegal
except with the written permission of the Superintendent of Excise. No permission has been
granted in recent years to make such exports to the Philippine Islands.
Tenth Session.
QUESTION BY THE AMERICAN DELEGATION.
What is the ultimate destination of the net amount of crude opium retained each
year in Great Britain and Ireland?
ANSWER.
The British Delegation has been informed by telegram that the British Board of Trade
consider it probable that the whole amount is consumed in the manufacture of morphine,
codeine and other chemical preparations.
QUESTIONS PUT BY THE CHINESE DELEGATION.
A.—To THE British Delegation.
I.—Can the British Delegates supply trustworthy statistics giving the number of
Opium smokers and the daily average consumption per smoker for the Colony of Hongkong
as well as for the Adjacent Territories ?
2.—Can the British Delegates supply trustworthy statistics giving the number of
Opium smokers and the daily average consumption per smoker for the Straits Settlements and
the Federated Malay States ?
3.—Can the British Delegates give details of the Opium exported from Hongkong (see
Table on page 3 of the British Memorandum) showing the quantity exported to China and the
quantity exported to other countries ?
ANSWERS BY THE BRITISH DELEGATION TO QUESTIONS PUT
BY THE CHINESE DELEGATION.
I.—As the registration of opium smokers in Hongkong and the New Territories has
never been undertaken, it is impossible to state their precise number; and, without this
number, it is impossible to calculate from the known weight of opium consumed in the Colony
and the New Territories the daily average consumption per smoker.
2.—As the registration of opium smokers in the Straits Settlements and the Federated
Malay States has never been undertaken, it is impossible to state their precise number ; and,
without this number it is impossible to calculate from the known weight of opium consumed
in the Straits Settlements and the Federated Malay States, the daily average consumption per
smoker.
3.—In reply to this question, the British Delegates submit the attached table showing
the quantity of raw opium exported to various ports in China and to other countries from
Hongkong in 1907.
ANSWER OF THE BRITISH DELEGATION TO THE FOLLOWING QUESTION
PUT BY THE AMERICAN DELEGATION.
South Africa.
2-—To what extent does 'Opium smoking exist amongst Chinese coolies on the Rand,
and has the habit of Opium smoking spread from the Chinese population in South Africa to
the other populations, white and black?
In the Transvaal importation of opium is regulated by the issue of permits from
Colonial Secretary's Office, permits only being issued to registered chemists and druggists on
receipt of their written applications and when their books have been inspected and the opium
in stock found to have been legitimately disposed of.
Penalties for importing without license or contravening terms of a permit range from
a fine not exceeding ;^5oo, in default of payment imprisonment with or without hard labour
for not more than six months or to such imprisonment without option or both fine and
imprisonment.
Medical practitioners and chemists can obtain opium on written application from any
chemist authorized to import it.
General public, however, can be supplied with opium only on the production of
certificate given by medical practitioner to the effect that the opium is necessary.
On the production of such certificate to magistrate or Justice of Peace sale of opium to
the possessor of the certificate is authorized.
Not more than 2 lbs., however, can be supplied at one time.
Total amount of opium imported into the Transvaal during calendar year 1908 was
4,697 lbs. which was valued at £2,ji,t.
No opium is exported from the Transvaal.
Sixth Session.
ANSWER BY BRITISH DELEGATION TO QUESTION PUT BY THE
AMERICAN DELEGATION ON FEBRUARY 12 1909.
New Zealand.
The import of opium in powder and extract amounted in 1907 to 106 lbs. and in 1908
to 28 lbs. There was no export. Opium may be imported only under permit for use as
medicine and permits are not issued to Chinese. Tincture of opium, morphia, and alkaloids of
opium are classified in import returns as drugs and medicines: separate returns of quantity
imported are not kept.
Poppy is not cultivated in New Zealand.
ANSWER BY BRITISH DELEGATION TO QUESTION PUT BY THE
AMERICAN DELEGATION ON FEBRUARY 12 1909.
Cape of Good Hope.
The import of opium in 1908 amoiJnted to 1,232 lbs. of the value of ;^8o7. The export
oversea was nil. Importation and use are prohibited except for medicinal purposes and can
be sold only by chemists.
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