and.2041905-
352
Liability of shipmaster bringing destitute person into Colony to repay costs and charges.
No. 9.] THE ORDINANCES OF HONGKONG : [AD. 180-
+
22. The master of any ship, British or foreign, which brings into the Colony any person other than a Chinese and not having been wrecked, who, at the time of his landing, is destitute of means of subsistence shall be liable to repay to the Government of the Colony costs and charges incurred by the Colony on behalf of such person unless such master satisfies the Court that he made due inquiry and that he had reason to believe that such person was possessed of means of subsistence when he arrived in the Colony: Provided that where the person so brought into the Colony came as a stowaway, the master shall incur liability to repay the said costs and charges, in case such stowaway is not promptly handed over to the Police on the arrival of the ship and is not prosecuted under the Stowaways Ordinance, 1897, or any other enactment applying to the case, and no money or compensation in respect of such person's passage is paid or received.
Liability of shipmaster: absence of owner, etc.
23. In the absence of the master of a ship, or if such master departs from the Colony before repaying such costs and charges as are mentioned in the last two preceding sections, the owner, agent, and consignee of such ship at the time the person landed, or, in the case of a seaman discharged or left behind, at the time of such discharge or his so being left behind, shall be liable to repay such costs and charges to the Government.
Recovery of costs and charges.
Evidence in proceeding under the Ordinance.
24. Such costs and charges shall be recoverable by action as if an express agreement to repay them had been entered into with the Colonial Secretary by the person, firm, company, association, body, master, owner, agent, or consignee chargeable.
25.-(1.) In any proceeding under this Ordinance, a certified copy of the declaration of the Magistrate shall be prima facie evidence that the person therein referred to was a vagrant from the date of such declaration, and also from any earlier date in such declaration mentioned as that from which, in the Magistrate's opinion, such person has been a vagrant.
As regards costs and charges incurred by the Colony on behalf of a destitute person or of a vagrant, the following documents shall be prima facie evidence of the amount thereof and also that they have been so incurred by the Colony, namely,
(a.) as regards hospital charges, a written statement signed or purporting to be signed by the Principal Civil Medical Officer; and,
(b.) as regards other costs and charges, including those of removal if any, a written statement thereof signed or purporting to be signed by the Colonial Secretary.
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