THE HONGKONG GOVERNMENT GAZETTE, 11TH DECEMBER, 1897.
誊
certain cases,
21.-(a) Whenever any person, not a Chinese, arrives Liability
in this Colony, under an engagement to serve imposed in any person, firm, company, association, or body of persons, in any capacity, and
to repay costs incurred by the Govern-
(b.) Whenever a non-commissioned officer or soldier, ment. in Her Majesty's Army, leaves that army in this Colony, under any such engagement, and (c.) Whenever any sailor, other than a Chinese, is discharged from his ship in this Colony, or is wilfully or negligently left behind in this Colony,
and, within a period of six months from the date of such arrival, leaving the army or discharge, such person, such non-commis- sioned officer or soldier, or such sailor, respectively, becomes chargeable to the Colony as a Vagrant, then, in cases within clauses (a) and (b), the person, firm, company, association, or body of persons, with whom such engagement was made, and, in cases within clause (c), the master of the ship from which such sailor has been so discharged, or by whom he has been so left behind, shall, respectively, be liable to repay to the Government all costs and charges incurred by the Colony on his behalf since he became a Vagrant, including hospital costs and charges and the cost of his removal under this Ordinance. Such person shall be deemed to have become a Vagrant at and from the date mentioned in the Magistrate's declaration as that from which, in his opinion, such person has been a Vagrant.
destitutes
22, The master of any ship, British or Foreign, which Shipmasters brings into the Colony any person, other than a Chinese, bringing who, at the time of his landing, is destitute of means of into the subsistence or becomes so within a period of six months, Colony liable shall be liable to repay to the Government of the Colony to repay costa all costs and charges incurred by the Colony on behalf of and charges. such person, unless such master shall satisfy the Court that he made due enquiry and that he had reason to believe that such person was possessed of means of subsistence when he arrived in the Colony: Provided, that where the person so brought into the Colony came as a stowaway, the master shall incur no liability to repay the said costs and charges, in case such stowaway is promptly handed over to the Police on the arrival of the ship and is duly prosecuted under The Stowaways Ordinance, 1897, or any other enact- ment applying to the case, and no money or compensation in respect of such person's passage is paid or received.
absence of
23. In the absence of the master of a vessel or, if such Owner, &c. master shall depart from the Colony before repaying such liable in the costs and charges as are mentioned in the two preceding shipmaster. sections, the owner, agent, and consignee of such vessel at the time the person landed, or, in the case of a sailor, discharged or left behind, at the time of such discharge, or of his so being left behind, shall be liable to repay such
costs and charges to the Government.
24. Such costs and charges shall be recoverable by suit Recovery
as if an express agreement to repay them had been entered of costs. into with the Colonial Secretary by the person, firm, com- pany, association, body, master, owner, agent, or consignee chargeable.
25. In any proceeding under this Ordinance a certified Evidence. copy of the declaration of the Magistrate shall be primâ facie evidence that the person therein referred to was a Vagrant from the date of such declaration, and also from any earlier date in such declaration mentioned as that from which, in the Magistrate's opinion, such person has been a Vagrant.
As regards costs and charges incurred by the Colony on behalf of a destitute person or of a Vagrant, the following documents shall be primâ facie evidence of the amount thereof and also that they have been so incurred by the Colony, viz.:-
(a.) As regards hospital charges a written statement signed or purporting to be signed by the Principal Civil Medical Officer.
(b.) As regards other costs and charges, including those of removal (if any), a written statement thereof signed or purporting to be signed by the Colonial Secretary.
1960