220
:
THE HONGKONG GOVERNMENT GAZETTE, 10TH MAY, 1873.
Proceedings thereon.
Evidence of
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 Orally or by Affidavit, or Partly orally and partly by Affidavit, and may determine all Questions of Fact as well as of Law, or inay, 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 Authorities 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 Ship or Tenement within the Jurisdiction, and the Seizure of any Papeis or Documents which may be found therein respectively, 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 chall have been convicted before Convictions. the Supreme 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 Offender.
against the Offender and against the Ship.
Burden of Proof.
Release of Ship by the Court.
Condemnation of Ship.
Penalty in lieu
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 for the Conveyance of Chinese Emigrants shall, if the Owner, Agent, or Master shall not have obtained a License from the Governor under this Ordinance, or under "The Hongkong Emigration Ordinance, 1870," 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.
XIX. If on the Hearing of the Proceedings for the Forfeiture 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 Le released and restored to the Owners thereof or ticir Agents.
XX. If on the Hearing of the said Proceedings it shall be established to the Satisfaction of the Court that au 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.
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 the Ship, and in such Case to cause the Ship to be detained until the Penalty is paid, and to cause any Penalty so imposed to be applied in the same Manner in which the Proceeds of the said Ship, if condemned by Order of the Court and sold, would have been applicable.
Costs.
Indemnity.
Sale of forfeited Ship.
Indemnity to Officers.
Prosecution to
XXII. The Costs of all Proceedings for the Forfeiture or Release of a Ship, shall be in the Discretion of the Court.
XXIII. If the Court be of Opinion that there was not reason- able and probable Cause for the Seizure or 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 Payment of Costs and Damages in respect of the Seizure or 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.
XXIV. Every Ship forfeited to the Crown for Breach of the Provisions of this Ordinance may be sold by Public Auction or Private Contract, and may be transferred to the Purchaser by Bill of Sale under the Hand of the Governor, and the Seal of the Colony, and the net Proceeds of such Sale shall be paid into the Colonial Treasury for the Use of the Crown.
XXV. Subject to the Provisions of this Ordinance providing for the Award of Damages in certain Cases in respect of the Seizure or Detention of a Ship by the Court, no Damages shall be pay- able, and no Magistrate, Public Officer, or other Person acting under his Orders or at his Request, shall be responsible, either civilly or criminally, in respect of the Seizure or Detention of any Ship in pursuance of this Ordinance.
XXVI. No Proceedings, other than the Issue of a Warrant for