THE HONGKONG GOVERNMENT GAZETTE, 25TH AUGUST, 1888.

Stipendiary or Police Magistrate or two or more Justices of the Peace, in accordance with the provisions of the Acts regulating proceedings on summary conviction. And it shall be lawful for the Colonial Treasurer, by writing under his hand, to authorize any officer to detain any vessel. the master whereof shall, in the opinion of the said Treasurer, have committed an offence, or be a defaulter under this Act. Such detention may be either at the port or place where such vessel is found, or any port or place to which the said Treasurer may order such vessel to be brought. For the purposes of such detention the officer so authorized shall be entitled to obtain in the customary manner such writ of assistance or other aid and assistance in and about the detention of or other lawful dealing with such vessel as are by law provided under the Act or Acts regulating Customs with reference to seizure of vessels or goods. But such detention shall be for safe custody only, and shall cease and be discontinued if a bond with two sufficient sureties be given by such master for the payment of the amount of such penalty and other sums as may be adjudged to be paid under the provisions of this Act. Pro- vided that if default he made in payment of any such penalty incurred by such master in terms of any conviction adjudging the payment thereof it shall be lawful for such officer to seize such vessel and for him and any other officer or person duly authorized or empowered in that behalf to take all such proceedings for the purpose of procuring the condemnation and sale of such vessel as are provided by law in case of condemna- tion or forfeiture of a vessel for a breach of the Customs Laws of the said Colony. Provided that the proceeds of sale of any such vessel shall be paid into the Consolidated · Revenue, and after payment of the amount of such penalty and of all costs incurred in and about such sale and the proceedings leading thereto, the balance shall be placed by the Colonial Treasurer to a trust account and be held in trust for the owners of or other persons lawfully entitled to the vessel so condemned and sold.

857

British subjects.

15. Notwithstanding anything in this Act contained, any Chinese arriving in the Exemption of Colony who produces evidence to the Collector of Customs or other duly authorized Chinese who are officer that he is by birth a British subject shall be wholly exempt from the operation of this Act, and a certificate of the Governor of any British Colony or of a British Consul shall be sufficient evidence of the claim of such Chinese to exemption under this section, nor shall anything in this Act apply to any Chinese who shall prove to the satisfaction of the Collector of Customs, or other duly authorized officer, that he is the bonâ fide holder of a certificate of naturalization in New South Wales, or of an exemption certificate duly granted under the provisions of the "Influx of Chinese Restriction Act of 1881."

16. Any vessel on board which Chinese shall be transhipped from another vessel Provision against and be brought to any port or place in this Colony shall be deemed to be a vessel evading Act by bringing Chinese into the said Colony from parts beyond the said Colony, and shall be Chinese into other

transhipping subject to the provisions of this Act.

vessels.

17. The Governor, with the advice of the Executive Council, may make regulations Power to make for carrying out the provisions of this Act. A copy of such regulations shall, within regulations. fourteen days, be laid before both Houses of Parliament, if Parliament be then in Session, and if not then in Session, within fourteen days after the commencement of the next Session; and if disapproval of such regulations is not expressed by resolution within fourteen days thereafter, they shall have the force of law.

18. For the purposes of this Act the following words in inverted commas shall, Interpretation, unless the context otherwise indicate, bear the meanings set against them respectively-

"Chinese"-Any person of the Chinese race.

"Vessel-Any ship or vessel of whatsoever kind or description.

"Master"The person (other than a pilot) for the time being in actual command

or charge of any vessel.

19. This Act may be cited as the "Chinese Restriction and Regulation Act of 1888.” Short title.

In the name and on behalf of Her Majesty I assent to this Act, without prejudie: to Her Majesty's power of disallowance, should she see fit to exercise the same,

Government House.

Sydney, 11 July 1888.

CARRINGTON,

Share This Page