612

No. 1.]

Seizure, search, and detention of suspected ship.

Twelfth Schedule.

Powers of

ized to seize etc., ship.

THE ORDINANCES OF HONG KONG: [A.D. 1889.

of the licence; or

(3.) that any condition of the licence has been violated,

it shall be lawful for the Governor-in-Council to revoke or vary such licence and to order that the ship be seized and detained until the licence is delivered up to be cancelled or varied.

Seizure and Forfeiture of Ship,

89. The Governor, on being satisfied that there are reasonable grounds for suspecting that a ship within the waters of the Colony has been or is being built, altered, repaired, or equipped, or is about to be despatched and taken out to sea, contrary to the provisions of section 75, or that any other offence against the said provisions has been committed, rendering the ship liable to forfeiture, may issue a warrant in the form in the Twelfth Schedule to this Ordinance; and upon such warrant, the ship may be seized and searched and detained until it has been either condemned or released by process of law or in the manner hereinafter mentioned.

90.--(1.) Any officer so authorized to seize, search, and detain any officer author ship under the last preceding section may, for the purpose of enforcing such seizure, search, and detention, call to his aid any constable or officer of Police, and may apply for assistance to any officer of Her Majesty's Army or Navy or Marines, or to the Harbour Master or any officer having authority by law to make seizures of ships, and may put any persons on board such ship to take charge of the same, and to enforce the provisions of the said section.

Petition to

(2.) Any such officer so authorized as aforesaid may use force, if necessary, for the purpose of enforcing such seizure, search, and detention; and if any person is killed, maimed, or hurt 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, searching, and detaining the ship, or other person, shall be freely and fully indemnified as well against Her Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt.

91. The owner of the ship so seized and detained or his agent may the Court by apply by petition to the Supreme Court for its release.

owner of ship seized. Citation of owners of ship seized. Thirteenth

Schedule.

92.--(1.) The Crown Solicitor shall, on 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 in the Thirteenth Schedule to this Ordinance, to appear before the Supreme Court to show cause why the ship should not be condemned and forfeited to the Crown for breach of the provisions of sections 83 and 84.

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