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THE HONGKONG GOVERNMENT GAZETTE, 11TH APRIL, 1874.
Certificate of Emigration Officer.
[Ibid, Sec. 7.]
Barricades and Gratings prohibited.
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 Section, and shall be liable to the Punishment hereinafter prescribed.
4. No such Ship shall clear out or proceed to Sea until the Master thereof shall have received from the Emigration Officer a Certificate in the Form contained in Schedule H to this Ordinance, or in such other Form as the Governor in Council may, from Time to Time, prescribe, and every such Certificate shall be liable to a Stamp Duty of Twenty-five Dollars.
5. 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 [Ibid, Sec. 8.] of a Ship shall be deemed to be Prohibited Fittings within the
Meaning of this Section.
Other Prohi-
6. It shall be lawful for the Governor, from Time to Time, by bited Fittings. Proclamation to be inserted in the Gazette to prohibit the Use [Ibid, Sec. 9.]
or Carriage in any Ship of any other Description of Fittings therein specified, and every such Prohibition shall have the same Force or Effect as if it were expressly enacted in this Section.
Seizure and Forfeiture thereof.
[Ibid, Sec.10.]
Prohibited
7. All Prohibited Fittings wherever found within the Colony shall be seized and shall be forfeited to the Crown in Manner hereinafter mentioned.
Unlawful Pos- 8. Whoever shall, without lawful Excuse (the Proof of which session, &c. of shall lie on the Accused), manufacture, purchase, sell, or have in his Possession any Prohibited Fittings, shall be guilty of an Offence against this Section, and shall be liable to the Punish- ment hereinafter prescribed.
Fittings.
[Ibid,Sec.11.]
Taking Pro- hibited Fittings
on board or Refusal to remove the
same.
9. 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 Pro- hibited Fittings to be taken on board such Ship, or to remain therein after the same have been taken on board, or who shall [Ibid,Sec.12.] refuse to remove forthwith any Fittings which the Emigration Officer shall have ordered to be removed shall be guilty of an Offence against this Ordinance, and shall be liable to the Punish- ment hereinafter prescribed, and 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.
Prohibited
Ship leaving 10. If any such Ship shall leave or attempt to leave the Waters without Certi- of the Colony without the Certificate required by Paragraph 4, or ficate or with shall leave or attempt to leave the Waters of the Colony, having Fittings. on board any Prohibited Fittings, or any Fittings which the [Ibid, Sec.13.] 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 afore- said, shall be deemed guilty of an Offence against this Section, and shall be liable to the Punishment hereinafter prescribed, and all such Fittings shall be seized and forfeited to the Crown, whether the same be Prohibited Fittings or not.
Fraudulent Use of a Certificate. [Ibid,Sec.14.]
Trial of Offences.
11. If any Person shall make or attempt to make any frau- dulent 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 Certifi- cate, the Person so offending, and every Person aiding and abet- ting in such Offence, shall be liable to the Punishment hereinafter prescribed.
12. `All Cases of Violation or Disobedience of, or Default in Compliance with the Provisions of this Section, may be heard [Ibid, Sec.15.] and determined summarily by two Magistrates sitting together, who shall constitute a Court for this Purpose: Provided that if at the Close of the Investigation, 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.
Punishment of Offences.
13. On Conviction of such Offences, the respective Offenders shall be liable to the following Punishments:- [Ibid,Sec.18.] 1. For every Offence against Paragraphs 1, 2, 3, 8 and 9, of this Section, a Fine not exceeding $500, and Impri- sonment with or without Hard Labor for any Term not exceeding Six Months, or either of such Punishments, at the Discretion of the Court.
2. For every Offence against Paragraphs 10 and 11 of this Section, a Fine not exceeding $1,000, and Imprisonment with or without Hard Labor for any Term not exceeding One Year, or either of such Punishments, at the Dis- cretion of the Court.
Provided always that where a Fine shall be imposed for any Offence against Paragraphs 10 and 11, the Court may sentence