180
THE HONGKONG GOVERNMENT GAZETTE, 11TH APRIL, 1874.
grant who is unwilling to leave the Port
improper Means, to land such Emigrant and procure him a Passage back to his native Place or that from which he was taken, and also to defray the Cost of his Maintenance whilst awaiting a return and who has been procured
Passage, and all such Expenses with all legal Costs incurred shall by any Fraud, be recoverable by the Emigration Officer before any Police Magis- trate from the Emigration Passage Broker of the Vessel in which such Emigrant was shipped or intended to be shipped.
&c.
[Ord. 12 of 1868, Sec. 18.]
Punishment
2. Whosoever shall unlawfully either by Force or Fraud for improperly take away or detain against his Will any Man or Boy with intent obtaining
to put him on board a Chinese Passenger Ship and whosoever Emigrants.
shall with such Intent receive, harbor, or enter into [Ibid, Sec.19.]
Con- any
any tract for Foreign Service with any such Man or Boy knowing the same to have been by Force or Fraud taken and obtained as in this Section before mentioned, shall be guilty of Felony and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years with or without Hard Labor.
Penalties for Breach of Ordinance.
Punishment of
Persons com- mitting any Breach of this Ordinance. [Ord, 12 of 1868, Sec. 21.]
Interpretation Clause. [Ordinance 5 of 1873,Sec.2.]
"Chinese Emigrant Ship."
Building."
"Equipping."
"Ship and Equipment." [Ibid, Sec. 3.] Licenses under this Section.
License from Governor.
XIV. The Owners or Charterers of any Chinese Passenger Ship and any Emigration Passage Broker and any intending Emigrant by a Chinese Passenger Ship and any Master or other Person in Charge of a Chinese Passenger Ship who shall fail to comply with or commit any Breach of the Provisions of this Or- dinance so far as they may respectively be bound thereby, and any Person granting or knowingly uttering any forged Certificate, Permit, Notice, or other Document under this Ordinance shall, without Prejudice to any other Proceeding, Civil or Criminal, be liable upon summary Conviction before a Magistrate to a Fine not exceeding Five hundred Dollars, or to Imprisonment with or without Hard Labor for any Term not exceeding Six Months.
Emigration from Ports out of the Colony.
XV. In the Construction of this Section, if not inconsistent with the Context, the following Terms and Expressions shall have the Meanings hereinafter respectively assigned to them, that is to say:
"Chinese Emigrant Ship," shall mean a Ship, not being a Chinese Passenger Ship which shall be fitting out in this Colony or intended to be used after leaving the Waters thereof, for the Conveyance of Chinese Emigrants, to be embarked at any Port or Place out of the Colony;
"Building," in relation to a Ship, shall include the doing any Act towards or incidental to the Construction of a Ship, and all Words having relation to building shall be con- strued accordingly;
"Equipping, in relation to a Ship, shall include the furnishing a Ship with any Tackle, Apparel, Furniture, Provisions, Arms, Munitions, or Stores, or any other Thing which is used in or about a Ship for the Purpose of fitting or adapting her for the Sea, and all Words relating to equipping shall be construed accordingly;
Ship and Equipment," shall include a Ship and every- thing in or belonging to a Ship.
2. No Chinese Emigrant Ship shall clear out or proceed to Sea from this Colony unless the Master of such Ship shall be provided with a License under this Section.
3. No Person shall do any of the Acts hereinafter specified in Paragragh 8 of this Section, without a License from the Go- [[hid, Sec. 4.] vernor, or unless the Owner, Agent, or Master of the Ship in respect of which such Act shall be done shall have obtained such License.
Form and
Conditions of
License. [Ibid, Sec. 5.]
Made of
License.
4. Every such License shall be under the Hand of the Go- vernor and the Public Seal of the Colony and the granting thereof shall be in the Discretion of the Governor, and shall be subject to the Payment of such Fee to the Crown, and to such Condi- tions as may, in each particular Case, be prescribed by the Go- vernor in Council.
5. Application for such License shall be made in Writing to Application for the Colonial Secretary, and shall be transmitted through the Emigration Officer, and the Owner, Agent, or Master of the Ibid, Sec. 6. Chinese Emigrant Ship in respect of which such License is ap- plied 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.
Punishment
untrue
6. All such Particulars shall, if so ordered, be certified upon Oath for furnishing before any Justice of the Peace, and every Person who shall knowingly furnish untrue Particulars shall be liable to Imprison- ment with or without Hard Labor, for any Period not exceeding Six Calendar Months, and to a Fine not exceeding One hundred Dollars, either in Addition to or in Substitution of such Impri- sonment.
Particulars. [[bid, Sec. 7.]