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THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1873.
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, or at his request, 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.
XIII. The Governor may, at any Time, release any Ship seized by Governor. and detained under this Ordinance, notwithstanding her Forfeiture by the Sentence of the Supreme Court, 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 same.
Release of Ship
Petition to Court.
Citation of Owners.
Proceedings thereon.
XIV. 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.
XV. 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 way the said Ship should not be condemned and forfeited to Her Majesty for Breach of the Provisions of this Ordinance; and in Case the e 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.
XVI. 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.
The Court may, if it shall think fit, direct a written Statement and Answer and any additional Pleading to be filed, and may in its Discretion receive Evidence by way of Affidavit, and may de- termine all Questions of Fact as well as of Law, or may, of its own Motion or on the Application of either Party, direct a Jury to be empanelled for the Determination of any Question of Fact.
The Court may frame Issues of Law and of Fact, and generally may exercise the same Powers and Authority as on the Trial of any other Suit, Cause, or Matter, within its ordinary Jurisdiction. The Court may also, during or before the said Proceedings, grant Bench 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. XVII. Whenever any Person shall have been convicted before the Eupreme Court of an Offence against this Ordinance, the Evid.. Regulations as ence taken upon the Trial of such Offender shall be received in to Proceedings Evidence, in any Proceedings instituted for the Forfeiture or Release of the Ship in respect of which such Offence shall have been committed; but it shall not be necessary to take Proceedings against an Offender because Proceedings are instituted for the Forfeiture, or to take Proceedings for the Forfeiture because Pro- ceedings are taken against the Öffender.
Evidence of Convictions.
against the
Offender and against the Ship.
Burden of Proof.
Release of Ship
XVIII. The Fact of a Ship being apparently fitted and equipped, or in course of being fitted and equipped within the Waters of the Colony and contrary to the Provisions of this Ordinance for the Conveyance of Chinese Emigrants shall, if the Owner or Master shall not have obtained a License from the Governor under this Ordinance, or under "The Hongkong Emigration Ordinance, 1870," be prima 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.
XIX. If on the Hearing of the Proceedings for the Forfeiture by the Court. or Release of a Ship seized under this Ordinance it shall be esta- blished to the Satisfaction of the Court that no Offence has been committed in respect of such Ship against the Provisions of this Ordinance rendering such Ship liable to Forfeiture, the Ship shall be released and restored to the Owners thereof or their Agents.
Condemnation of Ship.
Penalty in lieu
XX. If on the Hearing of the said Proceedings it shall be established to the Satisfaction of the Court that an Offence has been committed in respect of such Ship rendering the same liable to Forfeiture under this Ordinance, the Court shall declare such Ship to be forfeited to the Crown: Provided always, that no such Ship shall be forfeited if it shall be established to the Satisfaction of the Court that the Offence in respect of which the Ship became liable to Forfeiture was committed without the Knowledge, Privity, or Sanction of the Owners thereof.
XXI. It shall be lawful for the Court to impose such a Pecu- of Forfeiture. niary Penalty as to the Court shall seem fit, in lieu of condemning