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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
Ship leaving without certificate
or with
prohibited fittings.
[Ibid. subs. 10.]
Fraudulent
use of a
certificate.
[Ibid. subs. 11.]
Trial of
offences.
(Ibid. subs. 12.]
Punishments
of offences. [Ibid, subs, 13.]
Proceedings for forfeitura of fittings. [Ibid. suhs. 14.]
Powers of Police. [Ibid. subs. 15.3
Limitation of actions, &c. [Ibid. subs. 16.]
who shall refuse to remove forthwith any fittings which the Emigration Officer shall have ordered to be removed, shall be guilty of an offence against this Ordinance, and in addition to the punishment hereinafter prescribed, all such last mentioned fittings shall, in case of such refusal as aforesaid, be seized and forfeited to the Crown as in the case of prohibited fittings.
66. If any such ship shall leave or attempt to leave the waters of the Colony without the certificate required by Section 60, or shall leave or attempt to leave the waters of the Colony, having on board any prohibited fittings, or any fittings which the Emigration Officer shall have ordered to be removed, or any other fittings of a similar kind and description, in every such case the master of such ship, and the owner or agent if proved to have sanctioned such leaving or attempting to leave as aforesaid, shall be deemed guilty of an offence against this Ordinance, and in addition to the punishment hereinafter prescribed, all such fittings shall be seized and forfeited to the Crown, whether the same be prohibited fittings or not.
67. If any person shall make or attempt to make any fraudulent use of a certificate granted under this section, or shall forge, counterfeit, alter, or erase the whole or any part thereof, or shall use or attempt to use any spurious or fraudulent certificate, the person so offending, and every person aiding and abetting in such offence, shall be liable to the punishment hereinafter prescribed.
68. All cases of violation or disobedience of, or default in compliance with the provisions of sections 57 to 67 inclusive may be heard and determined summarily by two Magistrates sitting together, who shall constitute a Court for this purpose: Provided that if at the close of the inves- tigation, the accused shall apply for a trial by jury, or the Magistrates shall be of opinion that the case ought to be so tried, they may commit the accused for trial at the Supreme Court.
69. The following punishments shall be awarded on conviction for any offence,-
(a.) Against sections 57, 58, 59, 64 or 65 a fine not exceeding five hundred dollars, and imprisonment with or without hard labour for any term not ex- ceeding six months, or either of such punishments, in the discretion of the Court.
(b.) Against sections 66 or 67 a fine not exceeding one thousand dollars, and imprisonment with or without hard labour for any term not exceeding one year, or either of such punishments, in the discretion of the Court.
Provided always that where a fine shall be imposed for any offence against sections 66 or 67, the Court may sentence the offender, in default of payment of such fine, to imprisonment with or without hard labour for any term not exceeding one year in lieu of such fine, and such im- prisonment shall commence from the expiration of any term of imprisonment to which the offender may have been sen- tenced in addition to the fine.
70. The Supreme Court and the said Court of Magistrates shall have full power and authority to hear and determine all cases of seizure of fittings, and upon proof of the legality of the seizure, to declare the said fittings to be forfeited to the Crown, and no fittings seized under this Ordinance, shall be deemed to be forfeited to the Crown, except under the sentence of one or the other of the said Courts.
71. Nothing in this Ordinance contained shall be deemed. to affect any powers lawfully vested in a Superintendent or Inspector of Police.
72. Any suit or prosecution against any person for anything done in pursuance or execution or intended execu- tion of this part of the Ordinance shall be commenced within three months after the thing done and not otherwise. Notice in writing of every such suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement thereof.
In any such suit the defendant may answer that the act complained of was done in pursuance, or execution, or intended execution of this part of the Ordinance, and give this section and the special matter in evidence at any trial to be had thereupon.
The plaintiff shall not recover if tender of sufficient amends is made before suit brought, or if after suit brought a sufficient sum of money is paid into Court by or on behalf of the defendant.