614
Release of ship by the Court.
Condemnation of ship.
Imposition of penalty in lieu of forfeiture.
Costs of proceedings.
Indemnity to
No. 1.]
THE ORDINANCES OF HONGKONG: [A.D. 1889.
98. If, on the hearing of the said proceedings for the forfeiture or release of a ship seized under section 89, it is established, to the satisfaction of the Court, that the offence charged has not been committed in respect of such ship against the provisions of section 83 rendering such ship liable to forfeiture, the ship shall be released and restored to the owners thereof or their agents.
99. If, on the hearing of the said proceedings, it is established, to the satisfaction of the Court, that the offence charged has been committed in respect of such ship against the provisions of section 83 rendering such ship liable to forfeiture, the Court shall declare such ship to be forfeited to the Crown.
100. It shall be lawful for the Court to impose such a pecuniary penalty as to the Court may seem fit in lieu of condemning the ship, and in such case to cause the ship to be detained until the penalty has been paid, and to cause any penalty so imposed to be applied in the same manner in which the proceeds of the ship, if condemned by order of the Court and sold, would have been applicable.
101. The costs of all proceedings for the forfeiture or release of a ship shall be in the discretion of the Court.
102.—(1.) If the Court is of opinion that there was not reasonable and probable cause for the seizure or detention of a ship, and if no such cause appears in the course of the proceedings, the Court shall have power to declare that the owner is to be indemnified by the payment of damages and costs in respect of the seizure or detention, the amount thereof to be assessed by the Court.
Sale of
(2.) Any amount so assessed shall be payable out of the general revenues of the Colony.
103. Every ship forfeited to the Crown for breach of the provisions of section 83 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 public seal of the Colony, and the net proceeds of such sale shall be paid into the Colonial Treasury, to the use of the Crown.
Release of ship by Governor.
Indemnity to
104. The Governor may at any time release any ship seized and detained under section 89, notwithstanding her forfeiture by the sentence of the Supreme Court, on the owner or agent giving security, to the satisfaction of the Governor, that the ship shall not be employed contrary to section 83, or may release the ship without such security, if the Governor thinks fit so to release the same.
105. Subject to the provisions of section 102, providing for the award of damages and costs in certain cases by the Court in respect of the seizure