Bevade the recovery of "the penalties herein provided shall as against the said liability to be sold as aforesaid be void and of none effect."
The first observation which I have to make on this Clause is that the words "ships sailing under the British Flag" appear to have been used as synonymous with "British vessels navigated by British subjects," although owned, constructed, and provided with a British crew. Nevertheless, the Clause as it stands appears to be liable to considerable confusion and embarrassment. And secondly, I apprehend that the latter part of the enactment might affect the security of titles to vessels unless confined to transfers or mortgages after seizure, or to transfers or mortgages before seizure if made by transferees or mortgagees having notice that the vessel had been employed in unlawful trading.
It appears to me indispensable that the Ordinance should be amended in these points, and in introducing these amendments, it would be desirable that its provisions should be more specific and made more clear as to the form of procedure to be adopted for the seizure and sale of vessels contravening its enactments.
Therefore, I submit to the Legislative Council that the Ordinance No. 6 of 1844 should be amended in the particulars which I have pointed out.
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