THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
If judgment is given for the defendant, or the plaintiff becomes nonsuit, or discontinues the suit after an answer has been put in, the defendant shall recover his costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.
If judgment is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial is had, certifies his approbation of the suit.
73. No proceeding shall be instituted for any offence against the provisions of this part of the Ordinance, or for any forfeiture thereunder, except at the suit or prosecution of, or with the consent of the Attorney General.
74. It shall be lawful for the Governor in his discretion to grant licences in manner hereinafter provided and to such persons as he thinks fit, to do any of the acts following, that is to say:-
(a.) To build, alter or repair, or agree to build, alter or repair, or cause to be built, altered or repaired, any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony; or
(b.) To fit out, mau, equip, let or take on freight or hire any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or
(c.) To despatch or cause to be despatched any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or (d.) To make any advances of money to any ship, or to become security for such advances, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or
(e.) To despatch or cause or allow to be despatched, or command any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe that such passengers are being carried or intended to be carried to any port or place out of the Colony for the purpose of being conveyed therefrom as emigrants in the same or any other ship; or
(f) Being the master of a ship in respect of which a licence ought to have been obtained under any of the provisions of sub-sections (a) and (b) of this section to clear out and proceed to sea in such ship,-— Provided always that if any person does any of the above mentioned acts within the Colony without having obtained such licence or without such licence having been granted to the owner, agent, or master of the ship in respect of which such act shall be done, or in contravention of the terms or conditions of such licence if granted, he shall be deemed to have committed an offence against this section, and shall be liable to imprisonment with or without hard· labour for any term not exceeding two years, and to a fine not exceeding two thousand dollars, or to either of such punishments, in the discretion of the Court, and the ship in respect of which any such offence is committed and her equipment shall, if within the waters of this Colony, be forfeited to the Crown,
75. Any person who aids, abets, counsels, or procures the commission of any offence against section 74, shall be liable to be tried and punished as a principal. offender.
76. Every licence required by section 74 shall be under the hand of the Governor and the public seal of the Colony and shall be subject to the payment of such fee to the Crown, and to such conditions as may, in each particular case, be prescribed by the Governor (in Council).
77. Application for such licence shall be made in writing to the Colonial Secretary, and shall be transmitted through the Emigration Officer, and the owner, agent, or master of the ship in respect of which such licence is applied for, shall furnish all particulars as to the destination of the ship, and as to all matters relating to the intended voyage and emigration which may be required of him.
78. All such particulars shall, if so ordered, be certified upon oath before any justice of the peace, and every person who shall knowingly furnish untrue particulars shall be; liable to imprisonment with or without hard labour, for any period not exceeding six calendar months, and to a fine not exceeding one hundred dollars, either in addition to or in substitution of such imprisonment.
:
Prosecution to
be by Attorney General [Ibid. subs. 17.]
Building, repairing, equipping, despatching, selling, hiring, &c.
&c., without licence.
[Ibid. subs. 8.]
Penalty.
Punishment
of accessories, Ibid. subs. 9.]
Form and conditions of licence. [Zbit. subs. 4.]
Mode of
application for licence. [Ibid. subs. 5.1
Punishment for furnishing untrue
particulars.
Ibid. subs. 6.]
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