THE HONGKONG GOVERNMENT GAZETTE, 19TH APRIL, 1873.
The Term "Fittings" shall include any Article found on board a Ship intended to be used as Part of the Fittings of the Ship, though the same may not be actually affixed;
The Expression "Prohibited Fittings" shall mean any Fittings prohibited by a Proclamation of the Governor. III. Section XXVII of Ordinance No. 1 of 1862 is hereby Repealing repealed.
Clause..
IV. The Master of every Ship being within the Waters of Report to the Colony and which shall be fitting out, or intended to be Emigration used for the Conveyance of Chinese Emigrants to be embarked Officer. at any Port or Place out of the Colony, shall report the same to the Emigration Officer, and in Case he shall refuse or neglect so to do, he shall be deemed guilty of an Offence against this Ordinance and shall be liable to the Punishment hereinafter prescribed.
Officer.
V. The Fittings of every such Ship shall be subject to the Powers and Approval of the Emigration Officer, who is hereby empowered Duties of at all reasonable Times to go on Board and search and inspect Emigration such Ship and her Fittings, and to order any Fittings which shall in his Opinion be objectionable, to be forthwith removed and landed. And whoever shall impede or attempt to impede the Emigration Officer in the Execution of his Duty, shall be guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed.
VI. No Ship intended for the Conveyance of Chinese Emigrants Certificate of to be embarked at any Port or Place out of the Colony shall Emigration clear out or proceed to Sea until the Master thereof shall have Officer. received from the Emigration Officer a Certificate in the Form contained in the Schedule 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.
VII. It shall be lawful for the Governor from Time to Time by Prohibited Proclamation to be inserted in the Gazette to prohibit the Use or Fittings. Carriage in any Ship of any Description of Fitting therein specified, and every such Prohibition shall have the same Force or Effect as
if it were expressly enacted in this Ordinance.
VIII. The Emigration Officer may seize all prohibited Fittings Seizure and found on board any Ship and the same shall be forfeited to the Forfeiture Crown.
thereof.
the same.
IX. The Master of any Ship intended for the Conveyance of Taking Pro- Chinese Emigrants to he embarked at any Port or Place out of the hibited Fittings Colony who shall knowingly permit any prohibited Fittings to be on board or taken on board such Ship, or to remain therein after the saine have Refusal to land been taken on board, or who shall neglect or refuse to remove and land-forthwith any Fittings which the Emigration Officer shall have ordered to be removed and landed, shall be guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed, and all such last mentioned Fittings shall be seized and forfeited to the Crown as in the Case of Prohibited Fittings.
Prohibited
X. If any such Ship shall leave or attempt to leave the Waters Ship leaving of the Colony without the Certificate required by Section VI, or without Certi- shall leave or attempt to leave the Waters of the Colony, having ficate or with on board any Probibited Fittings or any Fittings which the Fittings. Emigration Officer shall have ordered to be removed and landed, or any other Fittings of a similar Kind and Description, in every such Case the Master of such Ship shall be deemed guilty of an Offence against this Ordinance, and shall be liable to the Penish- ment hereinafter prescribed, and all such Fittings shall be seized and forfeited to the Crown.
Prohibited Fittings.
XI. Whoever shall, without lawful Authority or Excuse (the Unlawful Pos- Proof of which shall lie on the accused), manufacture, purchase, session, &c. of sell, or have in his Possession any prohibited Fittings, shall be guilty of an Offence against this Ordinance and shall be liable to the Punishment hereinafter prescribed, and all such Fittings shall be forfeited to the Crown.
XII. All cases of Violation or Disobedience of, or Default in Trial of Compliance with the Provisions of this Ordinance, shall be heard Offences. and determined summarily by two Magistrates sitting together: Provided that if before or during the Investigation, the Magistrates shall be of Opinion that the Case ought to be tried before a Jury, they may commit the accused for Trial at the Supreme Court.
XIII. On Conviction of such Offences, the respective Offenders Punishment of shall be liable to the following Punishments:
Offences.
1. For every Offence against Sections IV, V, IX, and XI, a Fine [Sce12 of1808
not exceeding $500 and Imprisonment with or withouts. 21.]
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 Section X, a Fine not ex- ceeding $1,000, and Imprisonment with or without hard Labor for any Term not exceeding One Year, or either of such Punishments, in the Discretion of the Court.
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