ORDINANCE No. 2 of 1870.
Suppression of Piracy.
2. Such orders shall be duly published in the Gazette and from and after such publication shall have the same force and effect as if the same had been specially enacted herein.
3. Offences under this Ordinance shall be triable in a summary manner before a Police Magistrate and all fines imposed under this Ordinance shall be recoverable in a like manner.
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Orders to be published in Gazette.
Offences how triable.
PROCLAMATION,
By Lieutenant-Governor of the Colony of Hongkong and its Dependencies, of the 16th August, 1870.
Prohibition of Stink Pots.
Whereas by Ordinance No. 2 of 1870 passed by the Governor of Hongkong, with the advice of the Legislative Council, to enable the Governor to co-operate with the Chinese Authorities for the suppression of piracy, it was enacted that it should be lawful for the Governor in Council from time to time to frame such orders to be enforced by such fines and penalties as the Governor in Council should deem expedient, for preventing all or any description of fishing vessels and trading junks from carrying all or any description of arms or munitions of war, including stink pots:
Now, therefore, in accordance with the provisions hereinbefore recited, and by virtue thereof, it is ordered by the Governor in Council, as follows:
1. No fishing vessel or trading junk shall, from and after the 30th day of September next, carry the missile ordinarily called and known as a stink pot.
2. Every licensed owner, or part owner, and every master of a fishing vessel or trading junk, who shall knowingly carry or permit to be carried in such fishing vessel or trading junk, the said missile called and known as stink pot, shall be liable for a first offence to a fine not exceeding fifty dollars, with or without imprisonment with hard labor for any period not exceeding three months, and for a second or any subsequent offence to a fine not exceeding five hundred dollars, with or without imprisonment with hard labor for any period not exceeding one year.
3. Where the offender shall be master as well as owner or part owner of a fishing vessel or trading junk, he shall be liable to one fine and penalty only, either as master or owner, or part owner, in respect of the offence committed therein.
4. Every fishing vessel or trading junk in which any offence against these orders shall have been committed may be arrested and detained until any fine imposed by the Magistrate upon the owner or owners and master shall have been paid.
5. The penalties prescribed by these orders shall not be incurred by any owners or masters of trading junks or fishing vessels, offending against these orders, if it shall be shown to the satisfaction of the Magistrate that the prohibition hereinbefore contained against the carriage of stink pots could not have come to their knowledge by reason of their absence from the Colony at the time of the publication thereof, or otherwise.
6. For the purposes of these orders the term "Master" shall include the person for the time being in charge of the fishing vessel or trading junk, in which any offence against these orders shall have been committed.