1899-HKRS29-1-1-2_Part01 — Page 14

Authenticated Laws 確真本香港法例 All

"If any person induces any other person to quit Her Majesty's doninions, or to embark on any ship within Her Majesty's dominions, under a misrepresentation or false representation of the service in which such person is to be engaged. with the intent or in order that such person myy recept de agree to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State,

*He shall be guilty of an offence against this Act, and shall be punishable by ting and imprison ment, or either of such punishments, at the discretion of the Couten before which the offender is convicted; and imprisonment, if awardel, may be either with or without hard labour,

"If the master or owner of any ship, without the licence of Her Majesty, knowingly ciilner takes on board, or engages to take on bodied, or has on board such ship within Her Majesty's dominions any of the following persons, in this Act referred to as illegally enlisted persons, that is to say a

(1.) Any person who, being a British subject, within or without the dominions of Her Majesty, hus, without the licence of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign State at war with any tidendly State:

*(2.) Any person, being a British subject, who, without the licence of Her Majesty. Is about to quit Her Majesty's dominions with intent to accept any commission or engagement in the military or naval service of any foreigu State at war with a friendly State :

" (3.) Any person who has been induced to embark under a misrepresentation or false represents ation of the service in which such person is to be engaged, with the intant or in order that such person may accept or agree to accept any commission or engagement in the military or naval service of any foreign State at war with a friendly State:

*Such master or owner shall be guilty of an offence aguïust this Act, and the following Conse- quences shall ensue, that is to aay :

"(1) The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment," if awarded, may be either with or without hard labour; and

"(2) Such ship shall be detained until the trial and conviction or neqquittal of the muster or owner, and until all penalties inflicted on the muster or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two Justices of the Peace, or other Magistrate or Magistrates having the authority of two Justices of the Pence z uni

(3.) All Dlegally enlisted persons shall, immediately on the discovery of the offeness, be taken on shore, and shall not be allowed to return to the ship.

Illegal Shipbuilding and Illegal Expeditions.

"If any person, within Her Majesty's dominious, without the licence of Her Majesty, does any of the following acta, that is to say:

" (1.) Builds, or agrees to build, or causes to be built, any ship with intent or knowledge, or having reasonable cause to believe that the same alull or will be employed in the military or naval service of any furcigo State at war with any friendly State; or

**

(2.) Issues or delivers any commission for any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be unployed in the military or naval service of any foreign State at war with any friendly State; or

* (3.) Equips any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State; or

(4.) Dispatelice, or cnuses or allows to be dispatched, any ship with intent or knowledge, having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State:

"Such person shall be deemed to have committed an offence against this Act, and the following consequences shall ensue:

(1.) The offender shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted and imprisonment, if awardød, may be either with or without hard labolir.

(2.) The ship in respect of which any such offence is committed, and her equipment, shall is forfeited to Her Majesty:

“Provided, that a person building, causing to be built, or equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, shall,|| not be liable to any of the penalties imposed by this section in respect of snel building or equipping, if he satisfies the conditions following, that is to say:

*(1) If forthwith upon a Proclamation of Neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done unter the contract as may be required by the Secretary of State :

(2) If he gives such security, and takes and pornits to be taken such other measures, if any, as the Secretary of State may prescribe for insuring that such ship shall not be dispatched, delivered, or removed without the licence of Her Majesty until the termination of such war as aforesaid.

"Where any ship is built by order of or on behalf of any foreign Stute when at war with a friendly State, or is delivered to or to the order of such foreign State, or any person who to the knowledge of the person building is an agent of ench foreign State, or is paid for by such foreign State or such agent, and is employed in the military or naval service of such foreign State, such ship shall, outil the contrary is proved, bu demned to have been built with a view to being so employed, and the burden shall lie on the builder of such ship of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign State.

"If any person within the dominions of Her Majesty, and without the licence of Her Majesty,-

By adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or anguents, ur procuras to be increased or augmented or is knowingly concerned in increasing or augmenting the warlike force of any ship which at the tine of her being within the Jointulaus of Her Majesty was a ship in the military oe naval servics of my foreign State at war with muy friendly State,

"Such person shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard fab ar.

"If any person, within the limits of Her Majesty's Dominions, and without the licenes of Her Majesty-

* Prepares or fits out any unval or military expedition to procead against the dominions of any friendly Stute, the following consequences shall ensue :

(1.) Every person engaged in such preparation or fitting out, or assieting therein, or employe in any capacity in such expedition, shall be guilty of an offence against this Act, and shall be punish Huble by fine and imprisonment, or either of stel jrunishments, at the discretion of the Court before which the offender is convicted: an imprisonment, if awarded, may be either with or without hand labour.

(2.) All ships and their equipments, and all arms and ammunitions of war, used in or forming part of such expedition, shall be forfeited to Her Majesty.

"

Any person who aids, alets, counsels, or procures the commission of any offence against this Act shall be liable to be tried and punished as a principal offender.'

And whereas by the said Act. it is further provided that ships built, commissioned, equipped, or dispatched in contravention of the said Act may be condemned and forfeited by Judgment of the Court of Admiralty; and that if the Secretary of State or chief executive authority is satisfied that there is a resemble and probable cause for believing that a ship within Her Majesty's dominions has been or is being built, commissioned, or equipped contrary to the mid Act, and is about to ba taken beyond the limits of such dominicas, or that a ship is about to be dispatched contrary to the Act, such Secretary of State, or chief executive authority, shall have power to issue a warrant author- sing the science and sanch of such ship and her detention until she has been either conden released by process of how; And whereas certain powers of seizure and detention me confarrel by the said Act on certain local authorities:

liable to the penalties impused by the said Statute, I do hereby warn all persons whatever within Now, in order that none of Her Majesty's subjects in this Colony may unwarily render themselves this Colony not to commit any act, matter, or thing whatsoever contrary to the provisions of the said Statula, upon pain of the several penalties by the said Statute imposed.

And i do, hereby, give notice that Her Majesty has been pleased to direct dat during du con- tinuance of the present state of War, the following Rules shall be put in fores in this Colony six days after the date of this Proclamation and shall be obeyed by all persons, namely:-

1. During the continuance of the present state off war, all slips of war of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom, the Isle of Man, or the Chame! Islands, or in any of Her Majesty's colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station, or place of resort, for any warlike purpose, or for the purpose of obtaining any facilities for warlike equipment; and no ship of war of either belligerent shall hereafter be permitted to sail out of or leave any port, ronisten i, ur waters subject to British jurisdiction, from which any vessel of the other belligeront

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