1040 THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.
75
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.
76. [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. 75 . [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).
75
75
81
81
78.
19.
80.
81.
[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.
82.
[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 mouths, and to a fine not exceeding one hundred dollars, either in addition to or in substitution of such imprisonment.
[79.] If it shall appear to the satisfaction of the Governor at any time before the departure of a ship in respect of which a licence is required under section [74].
83.
(a.) That the particulars furnished in relation thereto
are untrue; or
(b.) That further particulars have been discovered
since the granting of the licence; or
(c.) That any condition of the licence has been
violated,-
it shall be lawful for the Governor in Council to revoke or vary such licence and to order that the ship be seized and detained until the licence be delivered up to be cancelled, or varied.
[80.] The Governor upon being satisfied that there are reasonable grounds for suspecting that a ship within the waters of the Colony has been, or is being built, altered, repaired, or equipped, or is about to be despatched and taken out to sea contrary to the provisions of section [74], or that any other offence against the said provisions has been committed, rendering the said ship liable to forfeiture, may issue a warrant in the form contained in schedule N hereto; and upon such warrant, the said ship may be seized and searched and detained until it has been either con- demned or released by process of law, or in the manner hereinafter mentioned.
[81.] Any officer so authorized to seize, search and detain any ship under sectiou [80] may, for the purpose of enforcing such seizure, search and detention, call to his aid any constable or officers of Police, and may apply for assistance to any officer of Her Majesty's Army or Navy, or Marines, or to the Harbour Master, or any officer having authority by law to make seizures of ships, and may put any persons on board such ship to take charge of the same, and to enforce the provisions of section [80], and any such officer so authorized as aforesaid, may use force, if necessary, for the purpose of enforcing such seizure, search and detention, and if any person is killed, maimed, or hurt by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, or at his request, such officer so seizing, searching and detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, Her Heirs and Successors, as against all persons so killed, maimed, or hurt.
[82.] The owner of the ship so scized and detained or his agent, may apply by petition to the Supreme Court for its release.
84.
[83.] The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the owners or their agents in the Colony by a notice which may be in the form contained in schedule hereto, to appear before the Supreme Court to show cause why the said ship should not be condemned and forfeited to the crown for breach of the provisions of
Punishment
of accessories. [Ibid, subs, 9.)
Form and conditions of licence. (Ibid. subs. 4.]
Mode of application for licence. [Ibid, suba. 5.]
Punishment for furnishing untrue particulars. [Ibhk subs, 6]
Power to revoke and cancel licence. Ibid. subs. 7.]
Seizure, search and detention of suspected ships.
[1bul. Bubs. 10.]
Powers of offeers authorized to seize ships. [bid. subs. 11}
Petition to Court. [Ibid, subs. 12.]
Citation of
owners,
[bid. subs. 13.]
。