THE HONGKONG GOVERNMENT GAZETTE, AUGUST 28, 1914.
Forfeiture of sam secured by bond.
Hearing in the absence
of defendant
not served.
General powers of niagistrate.
Powers of magistrate with refer- ence to re- covery of penal sum declared to
be forfeited.
Launch or
tain cases to be deemed to have left,
ete, on a voyage to a particular place.
10. On the hearing of such summons the magistrate shall first receive such evidence as may be offered on behalf of the Captain Superintendent of Police and then such evidence if any as may be offered on behalf of the defendants and if after hearing the whole of such evidence he is of opinion that any breach has occurred of the condi- tion of the bond he shall, subject to the proviso in section 11 of this Ordinance, declare the sum secured by the bond to be forfeited.
11. It shall be lawful for a magistrate to proceed to hear and determine any such summons in the absence of one or more of the defendants whether such defendant shall have been served with the said summous or not: Provided that no declaration of forfeiture shall be made as against any person who shall not have been served with the said
summons.
12. With reference to any such summons a magistrate shall have as full powers as he shall have with reference to any other matter over which he has jurisdiction.
13. With reference to the recovery of the sum so de- clared to be forfeited a magistrate shall have as full powers as he shall have with reference to the recovery of any fine or other sum of money which he shall have jurisdiction to impose or order to be paid.
14. Without prejudice to any other method of proof, a ships in cer- lannch or ship shall be deemed to have left or to have attempted to leave the waters of the Colony on a voyage to any particular port or place if information that it was about to leave on such a voyage shall have been given by or on behalf of the master owner agents charterers or licensees upon application for any permission necessary for enabling the said launch or ship to leave the waters of the Colony or a port in the Colony, and a launch or ship shall be deemed to have left the waters of the Colony ou à voy- age to any particular port or place if it shall have called or touched at such port or place at any time within ten days after leaving the waters of the Colony.
Powers of search.
Power to
detain ship.
Protection of police, guards and watchmen.
Penalty for obstructing search.
Other powers
15.--(1.) Every police officer, and every guard and watchman within the meaning of the regulations for the time being in force under this Ordinauce, shall have power to search any launch or ship to which this Ordinance applies and its stores and equipment, the crew and staff and their belongings, the passengers and their goods and baggage, and the cargo, and may do all such acts as may be reasonably necessary in order to carry out any such search effectually
(2.) The police officer in charge of any searching party, and any police officer superior to him, shall have power to detain any such launch or ship until in his opinion the said searches shall have been completed.
(3.) No action shall lie against any police officer, guard or watchman in respect of any act bonâ fide done or omitted to be done in connection with any such search.
(4.) Every person who shall obstruct any such search shall be liable on summary conviction to a fine not exceed- ing two hundred and fifty dollars and to imprisonment for a period not exceeding three months.
(5.) Nothing in this Ordinance shall be construed as of search not affecting any other powers of search possessed by any police affected.
officer.
No order, etc., to be given which might have the effect of causing failure to observe regulations,
16. No order of any kind whatsoever shall be given, and no threat or inducement, direct or indirect, shall be made or held out, and no pressure shall be exerted, and no advice shall be offered, which might have the effect of influencing any person to fail to observe any of the pro- visions of this Ordinance or of any regulations made thereunder, and every person who shall give any such order, or make any such threat, or hold out any such inducement, or exert any such pressure, or offer any such advice, shall be deemed to be guilty of a misdemeanour and shall be liable upon conviction either summarily or on indictment to imprisonment for any term not exceeding one year and to a fine not exceeding five hundred dollars.