1038
*
THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.
61
+
61.
62.
63.
64.
65.
66.
67.
68.
69.
58 to 68
770.
and her fittings and to order any fittings which shall in his opinion be objectionable, to be forthwith removed; and any person who shall in any way impede or attempt to impede the Emigration Officer in the execution of this duty, shall be guilty of an offence against this Ordinance. [60.] No such ship shall clear out or proceed to sea until the master thereof shal lhave received from the Emigration Officer a certificate in the form contained in schedule M hereto, and every such certificate shall be liable to a stamp duty of twenty-five dollars.
58, 59, 60, 65 or 66.
67 or 68
67 or 68
[61.] All barricades and gratings apparently intended to be used, or which are capable of being used for the purpose of confining Chinese emigrants below decks, or within any particular part of a ship shall be deemed to be prohibited fittings.
[62.] It shall be lawful for the Governor, from time to time, by Proclamation to be inserted in the Gazette to prohibit the use or carriage in any ship of any other fittings therein specified, and every such prohibition shall have the same force and effect as if it were expressly enacted in this Ordi-
nance.
Certificate of Emigration Officer.
[Ibid. subs. 4.]
Barricades and gratings prohibited. [Ibid. subs. 5.)
Other prohibited Attings. [ībid. subs. 6.J
Seizure aud forfeiture
[63.] All prohibited fittings wherever found within the Colony shall be seized and shall be forfeited to the Crown thereof. iu manner hereinafter mentioned.
[64.] Whoever shall, without lawful excuse (the proof of which shall lie on the accused), manufacture, purchase, sell, or have in his possession any prohibited fittings, shall be guilty of an offence against this Ordinance.
[65.] The owner, agent, or master of any ship intended for the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony who shall knowingly permit any prohibited fittings to be taken on board such ship, or to remain therein after the same have been taken on board, or who shall refuse to remove forthwith any fittings which the Emigration Officer shall have ordered to be removed, sball 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 fuc,
| Ibid. subs. 7.
Unlawful possession, &c. of prohibited. fittings. [Ibid, subs, 8]
Taking prohibited fittings on board, or refusal to remove the
sanie.
[Ibid. subs. 9.73
Ship leaving without certificate
or with prohibited fittings. [Ibid, subs: 10.7
Fraudulent 118e of a certificate. [【bité. subs. 11. }
Trial of offences.
Ibid. subs. 12.]
Punishments of offences. [Ibid. subs. 13.3
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