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Or may be confined in gaol.
Ships or houses may be searched for deserters from foreign Vessels.
Penalty on persons harbouring deserters from foreign Vessels.
Recovery of penalties.
Expenses, by whom payable.
ORDINANCE No. 4 of 1850.
Desertion of Seamen.
or person in charge of the ship, or for any one specially deputed by such master or person in charge, to arrest such seaman without warrant and convey him before a Justice of the Peace; and in case such seaman shall refuse to return to his duty on board the said ship or vessel, or shall not give a sufficient reason for such refusal, the Justice may order such seaman to be put forcibly on board the ship or vessel to which he may belong; or to be confined in any gaol or other place of security within the said Colony, for any period until he can be put on board his ship at her departure from the port, or until he shall be demanded by the master of the ship or by the Consul of the country to which such ship may belong. Provided always that the said period of confinement shall not, in the absence of such departure or demand, exceed three calendar months.
any Justice 2. And be it further enacted and ordained, that it shall be lawful for or Justices of the Peace, upon complaint of the master of such ship or vessel, that he has reasonable cause to believe that any runaway seaman or seamen belonging to the crew of any such ship or vessel, is or are harboured, secreted, or concealed, or suspected to be harboured, secreted, or concealed on board any other ship, boat, or other vessel, or in any house or place whatsoever, to issue a warrant directing some constable or constables to search such ship, boat, or other vessel, or such house or place, and such seaman or seamen to lodge in any or the nearest watch-house, and every such seaman or seamen shall, with all convenient speed, be brought before some Justice or Justices of the Peace, to be dealt with as is hereinbefore directed with respect to seamen apprehended for desertion, absconding, or absence from duty.
3. And be it further enacted and ordained, that if any person whatsoever shall harbour, conceal, employ, or retain, or assist in harbouring, concealing, employing, or retaining any seaman belonging to the crew of any foreign ship or vessel, who shall have deserted therefrom or otherwise absconded, or absented himself from duty, while such ship or vessel is lying within any harbour or roadstead in Hongkong, knowing such seaman to have deserted, absconded, or absented himself from duty, or shall cause, induce, or persuade, or endeavour to cause, induce, or persuade any such seaman, in any manner whatsoever to violate or to attempt or endeavour to violate any agreement which he may have entered into to serve on board any such ship or vessel, or knowingly connive at the desertion, absconding, or absence from duty of any such seaman, such person so offending shall for every such offence, upon conviction thereof, forfeit and pay a penalty or sum not exceeding one hundred dollars; or in case of non-payment thereof, it shall be lawful for any Justice or Justices of the Peace to commit the person so offending to any of Her Majesty's gaols, for any term not exceeding one calendar month.
4. And be it further enacted and ordained, that any penalty sued for under this Ordinance shall be recovered summarily before any one Justice of the Peace.
5. And be it further enacted and ordained, that all expenses incidental to the apprehension, confinement, and removal of any seaman, under and by virtue of any of the powers and authorities conferred by this Ordinance, shall be paid by the master of