THE HONGKONG GOVERNMENT GAZETTE, 19TH APRIL, 1873.
Colony and contrary to the Provisions of this Ordinance for the Conveyance of Chinese Emigrants without a License from the Governor shall be primâ facie Evidence that such Ship is intended for the Conveyance of Chinese Emigrants to be embarked at some Port or Place out of the Colony.
XIII. If on the Proceedings for the Condemnation or Release Release of Ship of a Ship so detained, the Owner establish to the Satisfaction of by the Court." the Court that the Ship was not and is not being built, altered, repaired or equipped, or intended to be despatched contrary to this Ordinance, the Ship shall be released and restored.
XIV. If the Owner fail to establish to the Satisfaction of the Condemnation Court that the Ship was not and is not being built, altered, re- of Ship. paired or equipped, or intended to be despatched contrary to this Ordinance, the Court shall declare the Ship to be forfeited to IIer Majesty: Provided always, that the Governor may notwithstanding such Forfeiture, if he shall think fit, order the Release and. Resto- ration of the Ship under Section VII.
XV. If the Court be of Opinion that there was not reasonable Indemnity. and probable Cause for the Detention, and if no such Cause appear in the Course of the Proceedings, the Court shall have Power to declare that the Owner is to be indemnified by the Pay- ment of Costs and Damages in respect of the Detention, the Amount thereof to be assessed by the Court, and any Amount so assessed shall be payable by the Treasury out of the General Revenues of the Colony.
XVI. Every Ship forfeited to Her Majesty for Breach of the Sale of forfeited Provisions of this Ordinance may be sold by Public or Private Ship. Contract, and may be transferred to the Purchaser by Bill of Sale under the land of the Governor, and the Seal of the Colony, and such Bill of Sale shall confer upon the Purchaser, his Exe- cutors, Administrators and Assigns, an indefensible Title to such Ship.
XVII. The Costs of all Proceedings for the Condemnation or Costs. Release of a Ship, shall be in the Discretion of the Court.
XVIII. Subject to the Provisions of this Ordinance providing for indemnity to the Award of Damages in certain Cases in respect of the Seizure Officers.
or Detention of a Ship by the Court, no Damages shall be pay-
able, and no Officer shall be responsible, either civilly or crimi-
nally, in respect of the Seizure or Detention of any Ship in pursuance of this Ordinance.
XIX. This Ordinance shall not come into Operation until Ier Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.
(SCHEDULE.)
IN THE SUPREME COURT OF HONGKONG.
The
Day of
187
·
In re The "
Take Notice that under and in pursuance of "The Chinese Emigration Ordinance, 1873," you are hereby cited to appear before the Supreme Court
Day of
to show Cause why the
on
the
- above-named Ship and her Equipment should not be forfeited to Her Majesty for
Breach of the Provisions of the said Ordinance.
To the Owners of
the Ship "
Statement of Objects and Reasons,
This Bill was prepared in January last upon the receipt of the EARL OF KIMBERLEY'S Despatch No. 173 of the 20th November, 1872, enclosing a copy of "The Kidnapping Act, 1872," and recommending the passing of an Ordinance in Hongkong em- bodying some of its provisions with the view of removing any pretence for the imputation that Residents in Hongkong partake in and profit by the Macao Coolie Trade.
From "The Kidnapping Act, 1873," for the suppression of the traffic 'carried on in the seas adjoining the Australasian Colonies,—- and from the Foreign Enlistment Act (33 & 34 Vic., c. 90), most of the Clanses of the Bill are taken, with sucl: modifications as the circumstances of the case and the more limited powers of the Colonial Legislature render necessary.
The offences of detaining and carrying away by force or fraud any Chinese for the purpose of the Coolie Trade, are already pro- vided for by Section XIX of Ordinance No. 12 of 1868, and the offender is declared to be guilty of Felony and liable to as severe a punishment as penal servitude for seven years. That enactment, however, appears to apply only to the forcible or fraudulent deton- tion of Chinese for the purpose of Coolie Emigration from this Colorgy.
A perusal of the Hongkong Ordinances relating to Chineso Emigration, must satisfy every one that more stringent laws than those which already exist for the prevention of abuses, in relation to Chinese Emigration from this Colony, can scarcely be
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