290
Penalty for bringing
Colony.
THE HONGKONG GOVERNMENT GAZETTE, 28TH JULY, 1866.
XXI. Every Master of a Junk bringing into the Colony any Person who shall in Mendicnuts into the the opinion of the Court before which the offence shall be tried, have come to the Colony for the purposes of Mendicancy, or any person suffering from Leprosy or other contagious diseases, shall be liable to pay a Fine not exceeding Ten Dollars and not less than One Dollar for every such Person so brought by lin as aforesaid.
Power to board any Junk and demand
inspection of
Documents.
Trial of Offences under this Ordinance,
In case of non-
Master, the same may be levied by sale of Junk.
XXII. It shall be lawful for any Person deputed thereto by the Governor or by the Commander of any of Her Majesty's Ships-of-War or for any Officer or Constable of the Police Force, at any time to board any Junk within the Waters of the Colony and demand the production of either an Anchorage Pass, a Clearance, Special Permit, or License, and in case by reason of the non-production of any one of such Documents or for any other reason, there shall be ground to believe or suspect that any Provision of this Ordinance has been violated by the Master of such Junk, or in case the Document produced shall appear from the date thereof or from any other cause to have been unlawfully obtained or to be unlawfully used, to arrest such Junk and her Cargo and the Master of such Junk, and deliver them into the Custody of the Superintendent of Police.
XXIII. Every Offence against the Provisions of this Ordinance shall be a Mis- demeanor and may be tried in a summary way, either by the Marine Magistrate or by the two Police Magistrates or either of them: Provided always that the trial of every Offence, the commission of which may render any Junk or Cargo liable to Forfeiture under the Provisions of this Ordinance, shall be tried at the Harbor Master's Office or at such other place as the Governor may direct by the Marine Magistrate and a Police Magistrate sitting together, who shall have power in their discretion to extend the period limited for an appeal from their Decision to the Supreme Court under Ordi- nance No. 4 of 1858, either before or after the expiration thereof.
XXIV. Every Junk of which the Master shall be charged with having violated payment of Penalty by the Provisions of this Ordinance shall be forthwith arrested and detained until the said Master shall either have been acquitted of the Offence charged or if found guilty, shall have paid the Fine inflicted upon him, and in case he shall fail to pay within Ten Days any Fine which may be inflicted upon him, the same may be recovered by the sale of such Junk and the balance if any of the net Proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such Fine as aforesaid, shall be paid to the Owner or Owners of the Junk if claimed within Twelve Calendar Months from the date of sale: Provided that in case there shall be in the Colony any Consignee or Agent of such Junk registered under Section XI, no sale thereof shall be made in pursuance of this Section until Three Days previous notice thereof shall have been given in writing to such Consignee or Agent.
Transfer to Purchaser upon sale of Junk.
Junk Licenses.
Penalty for disobeying
Harbor Master's orders.
Governor and Execu-
XXV. Every Junk forfeited or sold under the Provisions of this Ordinance shall be transferred to the Purchaser thereof at his expense by a Bill of Sale from the Harbor Master, and such Bill of Sale shall confer upon such Purchaser his Executors, Adminis- trators and Assigns an indefeasible title to such Junk.
XXVI. It shall be lawful for the Harbor Master in such cases as he shall think fit to grant to any person resident in this Colony a License for any Junk or Lorcha authorizing the same to ply between this Colony and the Ports in the Empire of China during such period and subject to such conditions as the Harbor Master with the approval of the Governor may determine, and which conditions shall be endorsed on or contained in such License and such Junk or Lorcha having obtained a License, the Master thereof shall cause the Number of said License to be painted in Black Figures 20 inches in length (to the satisfaction of the Harbor Master) on a White Ground on each bow. Provided that no such License shall be granted unless the intended Licensee shall enter into a Bond together with one or more Sureties resident in the Colony, and to be approved of by the Harbor Master conditioned in any Sum not exceeding $1,500 for the observance of the conditions of such License.
XXVII. Every Master or other Person in charge of any Junk, Vessel or Boat,. whether licensed or not, shall obey any orders which the Harbor Master or his Deputy may see fit to give under a penalty not exceeding One hundred Dollars and not less than Ten Dollars.
XXVIII. The Governor and Executive Council are hereby empowered to make tive Council empower- such Rules and Regulations as to them shall seem fit for the proper carrying out the carrying out provi- Provisions of this Ordinance, and also to vary from time to time the fees chargeable to sions of Ordinance. each Junk under this Ordinance, and to prescribe from time to time the forms of all
ed to frame Rules for