424

Ship leaving without certificate or with prohibited fittings.

Fraudulent use of certificate as to fittings.

Trial of offences.

[cf. No. 3 of 1890, s. 83.]

Punishments of offences.

No. 1 of 1889.

CHINESE EMIGRATION.

the punishment hereinafter prescribed, all such last-mentioned fittings shall, in case of such refusal as aforesaid, be seized and forfeited as in the case of prohibited fittings.

75. If any such ship leaves or attempts to leave the waters of the Colony without the certificate required by section 69, or leaves or attempts to leave the waters of the Colony having on board any prohibited fittings or any fittings which the Emigration Officer has ordered to be removed or any other fittings of a similar kind and description, in every such case the master of such ship and the owner or agent, if he is proved to have sanctioned such leaving or attempting to leave as aforesaid, shall be guilty of an offence and, in addition to the punishment hereinafter prescribed, all such fittings shall be seized and forfeited whether the same are prohibited fittings or not.

76. Every person who-

(1) makes or attempts to make any fraudulent use of a certificate granted under section 69; or

(2) forges, counterfeits, alters, or erases the whole or any part thereof; or

(3) uses or attempts to use any spurious or fraudulent certificate,

and every person aiding and abetting in such offence, shall be liable to the punishment hereinafter prescribed.

77. All cases of violation or disobedience of or default in compliance with the provisions of sections 66 to 76, may be heard and determined summarily by two Magistrates: Provided that if at the close of the investigation, the accused person applies for a trial by jury, or the Magistrates are of opinion that the case ought to be so tried, they may commit the accused person for trial at the Supreme Court.

78. The following punishments shall be awarded on conviction for any offence :--

(1) against any of sections 66, 67, 68, 73, and 74, a fine not exceeding 500 dollars, or imprisonment for any term not exceeding 6 months; and

(2) against section 75 or section 76, a fine not exceeding 1,000 dollars or imprisonment for any term not exceeding one year.

* As amended by No. 4 of 1908 and No. 62 of 1911.

+ As amended by No. 50 of 1911 and No. 62 of 1911.

As amended by No. 9 of 1911.

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