166
THE HONGKONG GOVERNMENT GAZETTE, 19TH APRIL, 1873.
Penalty.
Proviso.
Seizure, Search, and Detention of suspected Ships.
Powers of Officers autho-
Ships.
Such Person shall be deemed to have committed au Offence against this Ordinance, and the following Consequences shall ensue:-
(1.) The Offender shall be liable to Imprisonment with or without Hard Labor for any Term not exceeding Two Years, and to a Fine not exceeding Two thousand Dollars, or to either of such Punishments at the Discre- tion of the Court;
(2.) The Ship in respect of which any such Offence is com- mitted and her Equipment shall if within the Waters of this Colony be forfeited to Her Majesty:
Provided that a Person committing any of the Acts prohibited by this Section, in pursuance of a Contract made before the Com- mencement of this Ordinance, shall not be liable to any of the Penalties imposed by this Section.
V. Any Police Magistrate upon being satisfied that there is reasonable and probable Cause for believing 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 Ordinance, may issue a Warrent stating that there is reasonable and probable Cause for believing as aforesaid, and upon such Warrant, the said Ship may be seized and searched and detained until it has been cither condemned or released by Process of Law or in the Manner hereinafter men-
tioned.
VI. Any fficer authorized to seize or detain any Ship in rized to seize respect of any Offence against this Ordinance may, for the Pur- pose of enforcing such Seizure or Detention, call to his Aid any Constable or Officers of Police, or any Officers of Her Majesty's Army or Navy or Marines, or the Harbor Master, or any Officer having Authority by Law to make Seizures of Ships, and may put on board any Ship so seized or detained any one or more of such Officers to take Charge of the same, and to enforce the Pro- visions of this Ordinance, and any Officer seizing and detaining any Ship under this Ordinance may use Force, if necessary, for the Purpose of enforcing Seizure or Detention, and if any Person is killed or maimed by Reason of his resisting such Officer in the Execution of his Duties, or any Person acting under his Orders, such Officer so seizing or 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.
Release of Ship
VII. The Governor may, at any Time, release any Ship seized by Governor. and detained under this Ordinance, on the Owner giving Security to the Satisfaction of the Governor that the Ship shall not be employed contrary to this Ordinance, or may release the Ship without such Security if the Governor think fit so to release the
Petition to Court.
Citation of Owners.
Proceedings thereon.
Evidence of Convictions.
Burden of Proof.
same.
VIII. The Owner of the Ship seized and detained under this Ordinance, or his Agent, may apply by Petition to the Supreme Court for its Release.
IX. 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 the Schedule to this Ordinance, to appear before the Supreme Court to show Cause why the said Ship should not be condemned and forfeited to Her Majesty for Breach of the Provisions of this Ordinance; and in Case there shall be no Owner of the said Ship in the Colony, nor any Agent of such Owner, the said Notice shall be published twice in the Gazette, and such Publication shall be equivalent to personal Service of the Citation.
X. On the Day appointed for the Hearing of any Petition for the Release of the Ship or for the Appearance of the Owners or their Agents in the Colony in obedience to a Citation to show Cause why the same should not be forfeited, the Court shall proceed to enquire into the Matter and to make such Orders as may be necessary to put the Matter of the Seizure and Detention of the Ship in course of Trial between the Owner and the Crown, and for such Purpose, may direct the Trial of any Issue of Fact before the Court, either with or without a Jury; and during or before such Proceedings may grant Warrants for the entering and searching of any Premises and the Seizure of any Papers or Documents in such Premises, or may summon any Person to appear before the Court, and to produce any Papers and Documents, and may interrogate such Persons on Oath touching the subject Matter of the Inquiry. XI. Whenever any Person shall have been convicted before the Supreme Court of an Offence against this Ordinance, the Evid- ence taken upon the Trial of such Offender shall be received in Evidence, in any Proceedings instituted for the Condemnation or Release of the Ship in respect of which such Offence shall have been committed.
XII. The Fact of a Ship being apparently fitted and equipped, or in course of being fitted and equipped within the Waters of the