501
Special power of
THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1870.
Secretary of State or
chief executive au-
thority to detain ship.
ship.
any ship so seized or detained any one or more of such officers to take charge of the same, and to enforce the provisions of this Act, and any officer seizing or detaining any ship under this Act may use force, it 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 office 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.
23. If the Secretary of State or the chief executive authority is satisfied that there is a reasonable and probable cause for believing that a ship within Her Majesty's dominions has been or is being built. commissioned, or equipped contrary to this Act, and is about to be taken beyond the limits of suc dominions, or that a ship is about to be despatched contrary to this Act, such Secretary of State or chi executive authority shall have power to issue a warrant stating that there is reasonable and probable cause for believing as aforesaid, and upon such warrant the local authority shall have power to seize and search such ship, and to detain the same until it has been either condemned or released by process of law, or in manner herein-after mentioned.
The owner of the ship so detained, or his agent, may apply to the Court of Admiralty for its release. and the court shall as soon as possible put the matter of such seizure and detention in course of tri between the applicant and the Crown.
If the applicant establish to the satisfaction of the court that the ship was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, the ship shall be released and restored.
If the applicant fail to establish to the satisfaction of the court that the ship was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, then the ship shall detained till released by order of the Secretary of State or chief executive authority.
The court may in cases where no proceedings are pending for its condemnation release
any ship detained under this section on the owner giving security to the satisfaction of the court that the ship sha!! not be employed contrary to this Act, notwithstanding that the applicant may have failed to establish to the satisfaction of the court that the ship was not and is not being built, commissioned, or intended to b despatched contrary to this Act. The Secretary of State or the chief executive authority may likewi release any ship detained under this section on the owner giving security to the satisfaction of such Secretary of State or chief executive authority that the ship shall not be employed contrary to this Act, or may release the ship without such security if the Secretary of State or chief executive authority think it to release the same.
If the court be of opinion that there was not reasonable 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 ro be indemnified by the payment 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 Commissioners of the Treasury out of any moneys legally applicable for that purpose. The Court of Admiralty shall also have power to make a like order for the indemnity of the owner, on the application of such owner to the court, in a summary way, in cases where the ship is released by the order of the Secretary of State or the chief executive authority, before any application is made by the owner or his agent to the court for such release
Nothing in this section contained shall affect any proceedings instituted or to be instituted for the condemnation of any ship detained under this section where such ship is liable to forfeiture, subject to this provison, that if such ship is restored in pursuance of this section all proceedings for such condemnation shall be stayed; and where the court declares that the owner is to be indemnified by the payment of costs and damages for the detainer, all costs, charges, and expenses incurred by such owner in or about any proceedings for the condemnation of such ship shall be added to the costs and damages payable to him is respect of the detention of the ship.
Nothing in this section contained shall apply to any foreign non-commissioned ship despatched from any part of Her Majesty's dominions after having come within them under stress of weather or in the course of a peaceful voyage, and upon which ship no fitting out or equipping of a warlike character has taken place in this country.
Special power of local 24. Where it is represented to any local authority, as defined by this Act, and such local authority authority to detain ⚫believes the representation, that there is a reasonable and probable cause for believing that a ship within Har Majesty's dominions has been or is being built, commissioned, or equipped contrary to this Act, and s about to be taken beyond the limits of such dominions, or that a ship is about to be despatched contrary this Act, it shall be the duty of such local authority to detain such ship, and forthwith to communicate fact of such detention to the Secretary of State or chief executive authority.
Power of Secretary of State or executive authority to grant search warrant.
Exercise of powers Secretary of State or chief executive authority.
of
Upon the receipt of such communication the Secretary of State or chief executive authority may order the ship to be released if he thinks there is no cause for detaining her, but if satisfied that there reasonable and probable cause for believing that such ship was built, commissioned, or equipped or intendest to be despatched in contravention of this Act, he shall issue his warrant stating that there is reasonable probable cause for believing as aforesaid, and upon such warrant being issued further proceedings shall le had as in cases where the seizure or detention has taken place on a warrant issued by the Secretary of State without any communication from the local authority.
Where the Secretary of State or chief executive authority orders the ship to be released on the re of a communication from the local authority without issuing his warrant, the owner of the ship sh... indemnified by the payment of costs and damages in respect of the detention upon application to the Cos of Admiralty in a summary way in like manner as he is entitled to be indemnified where the Secretary of State having issued his warrant under this Act releases the ship before any application is made by the owner or his agent to the court for such release.
"
25. The Secretary of State or the chief executive authority may, by warrant, empower any pers enter any dockyard or other place within Her Majesty's dominions and inquire as to the destination of *** ship which may appear to him to be intended to be employed in the naval or military service of any for state at war with a friendly state, and to search such ship.
26. Any powers or jurisdiction by this Act given to the Secretary of State may be exercised by throughout the dominions of Her Majesty, and such powers and jurisdiction may also be exercised by *** of the following officers, in this Act referred to as the chief executive authority, within their resp jurisdictions; that is to say,
(1.) In Ireland by the Lord Lieutenant or other the chief governor or governors of Ireland for ther
time being, or the chief secretary to the Lord Lieutenant:
(2.) In Jersey by the Lieutenant Governor :
(3.) In Guernsey, Alderney, and Sark, and the dependent islands by the Lieutenant Governor: