96
THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882.
Power to revoke and
cancel licence. [Ibid, sec. 8.]
Building, repairing, equipping,
despatching, selling, hiring, &c., &c., without licence. [Ibid, sec. 9.]
Penalty,
Punishment of accessories. [Ibid, sec. 10.]
Seizure, search and detention of sus- pected ships.
[Ibid, scc. 11.]
7. If it shall appear to the satisfaction of the Governor at any time before the de- parture of a ship in respect of which a licence has been granted under this section:-
(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 the licence granted under this section in respect of such ship and to order that the said ship be seized and detained until the said licence be delivered up to be cancelled, or varied.
8. If any person does any of the following acts within the Colony without having obtained a licence from the Governor under this section, or without any such licence as aforesaid 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 of any such licence if granted, that is to say :-
(a.) Builds, alters or repairs, or agrees to build, alter or repair, or causes 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 con- veyance of Chinese emigrants to be embarked at any port or place out of the Colony.
(b.) Fits out, mans, equips, lets or takes 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.) Despatches, or causes to be despatched any ship, with intent or know- ledge, or having reasonable cause to believe that the same will be em- ployed in manner aforesaid ; or
(d.) Makes any advances of money to any ship, or becomes 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.) Despatches or causes or allows to be despatched, or commands any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe that such passengers are being carried or in- tended to be carried to any port or place out of the Colony for the pur- pose 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 the clauses 8 (a) and 8 (b) of this section clears out and proceeds to sea in such ship,--
such person shall be deemed to have committed an offence against this section, and the following consequences shall ensue :---
(a.) The offender 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, at the discretion of the Court;
(b.) 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.
9. Any person who aids, abets, counsels, or procures the commission of any offence against this section, shall be liable to be tried and punished as a principal offender.
10. The Governor upon being satisfied that there are reasonable grounds for sus- pecting 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 this section, 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 I to this Ordinance; and upon such warrant, the said ship may be seized and searched and detained until it has been either condemned or released by process of law, or in the manner hereinafter mentioned.