ORDINANCE No. 5 OF 1974. 1343
Chinese Emigration.
after the same have been taken on board , or who shall refuse to remove forthwith any
fittings which the emigration officer shall have ordered to be removed , shall be guilty of
an offence against this Ordinance, and shall be liable to the punishment hereinafter
prescribed, and all such last mentioned fittings shall, in case of such refusal as aforesaid,
be seized and forfeited to the Crown as in the case of prohibited fittings.
10. If any such ship shall leave or attempt to leave the waters of the Colony Ship leaving
without certifi
cate or with
without the certificate required by paragraph 4, or shall leave or attempt to leave the prohibited
fittings.
waters of the Colony, having on board any prohibited fittings, or any fittings which the [Ibid, sec. 13.]
emigration officer shall have 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
proved to have sanctioned such leaving or attempting to leave as aforesaid , shall be
deemed guilty of an offence against this section, and shall be liable to the punishment
hereinafter prescribed , and all such fittings shall be seized and forfeited to the Crown ,
whether the same be prohibited fittings or not.
11. If any person shall make or attempt to make any fraudulent use of a certificate Frandulent use
ofa certificate.
Ibid, sec. 14.
granted under this section, or shall forge, counterfeit, alter, or erase the whole or any
part thereof, or shall use or attempt to use any spurious or fraudulent certificate , the
person so offending, and every person aiding and abetting in such offence, shall be
liable to the punishment hereinafter prescribed .
12. All cases of violation or disobedience of, " or default in compliance with the Trial of offences.
Ibid, sec. 15.J
provisions of this section, may be heard and determined summarily by two Magistrates
sitting together, who shall constitute a Court for this purpose : Provided that if at
the close of the investigation , the accused shall apply for a trial by jury, or the
Magistrates shall be of opinion that the case ought to be so tried, they may commit
the accused for trial at the Supreme Court.
13. On conviction of such offences, the respective offenders shall be liable to the Punishments of
offences.
following punishments : [Ibid, sec. 16 !
(a.) For every offence against paragraphs 1 , 2, 3, 8 and 9 of this section , a
fine not exceeding five hundred dollars, and imprisonment with or
without hard labor for any term not exceeding six months, or either
of such punishments, at the discretion of the Court.
(b.) For every offence against paragraphs 10 and 11 of this section , a fine
not exceeding one thousand dollars, and imprisonment with or without
hard labor for any term not exceeding one year, or either of such
punishments, at the discretion of the Court.
Provided always that where a fine shall be imposed for any offence against paragraphs
10 and 11 , the Court may sentence the offender, in default of payment of such fine, to
imprisonment with or without hard labor for any term not exceeding one year in lieu
of such fine , and such imprisonment shall commence from the expiration of any term
.
of imprisonment to which the offender may have been sentenced in addition to the fine.