Property in pearl
oysters.
Power of search and seizure.
Powers of arrest.
(b) having reasonable grounds to believe that damage may result, wilfully deposits, or causes or suffers to be deposited, either on land or in the sea, any chemical or other substance or thing in such a place or in such a manner as to injure or to be likely to injure any pearl oyster in any cultivation area or to pollute or to be likely to pollute the waters in any such area,
shall be guilty of an offence, and shall be liable upon conviction-
(i) for a first offence, to a fine of one hundred thousand dollars and to imprisonment for twelve months; and (ii) for a second or subsequent offence, to a fine of two hundred thousand dollars and to imprisonment for two years.
11. All pearl oysters which are within the boundaries of any cultivation area, whether collected or not, shall be the absolute property of the licensee, if any, of such area.
may
12. Any fisheries inspector or assistant fisheries inspector
without warrant-
(a) board any vessel and search the same and every part
thereof; and
(b) scize, remove and retain any pearl oysters or pearls in respect of which he finds or has reasonable cause to suspect that an offence against this Ordinance has been committed, and, in the case of any such pearl oysters which are alive, may return them to their natural babitat..
13. (3) It shall be lawful for any fisheries inspector or any assistant fisheries inspector to apprehend without warrant any person whom he may reasonably suspect of having contravened any of the provisions of subsection (1) of section 8 or of section 10.
(2) If any person forcibly resists an endeavour to arrest him under this section or attempts to evade such arrest, the person effecting the arrest may use all reasonable means necessary to effect the arrest.
(3) Every person apprehended under this section shall, as soon as circumstances permit, be delivered into the custody of a police officer.
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14. (1) It shall be lawful for a magistrate to order to be Forfeiture. forfeited to the Crown any pearl oysters or pearls with respect to which an offence against this Ordinance or any regulations made thereunder has been committed, whether any person has been convicted of such offence or not, and upon the making of such order for forfeiture all such pearl oysters or pearls, as the case may be, shall become the property of the Crown free from al rights of any other person.
(z) Before making any such order, the magistrate shall give to any person claiming or appearing to the magistrate to be the owner of such pearl oysters or pearls an opportunity of being heard, and if such person satisfies the magistrate that-
(a) he is the owner of the pearl oysters or pearls; and (b) he was not implicated in the commission of such offence,
the magistrate shall order that such pearl oysters or pearls be delivered to such person.
(3) It shall be lawful for the Governor in his absolute dis- cretion to give effect to any claim for relief from such forfeiture where such claim is established to his satisfaction on equitable, moral or other grounds.
15. Where two or more cultivation areas held by different Contiguous licensees are contiguous to each other, and any proceeding is taken areas. against any person for stealing pearl oysters from any such area, it shall be sufficient in alleging and proving the property and lawful possession, in such oysters, and the place from which they were stolen, to allege and prove that they were the property of and in the lawful possession of one or other of such licensees and were stolen from one or other of such contiguous areas.
16. (1) The Governor in Council may by regulation prescribe Regula- or provide for-
(a) all matters which by this Ordinance are required or per-
mitted to be prescribed;
(b) the manner in which application for licences shall be made, and the forms to be used in connexion therewith;
(c) the fees to be paid for licences;
tions.