1904-HKRS29-1-1-3_Part01 — Page 4

Authenticated Laws 確真本香港法例 All

If my person indanes any other person to quit Her Majesty's dominions, olu clark"

:: ship within Her Majesty's dominions, moler a misrepresentation or false répresentation of the serving in which such person is to l engiged, with the intent 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 rate at war with a friendly State,-

Heshall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or other of such punishments, at the discretion of the Court before which the offender is convictpl. and iniprisonpaint, if awarded, may be either with or without hard labour.

*If the member or owner of any ship, without the licence of Her Majesty, knowingly either takes on board, or engages to take on hour, or los on board such ship within Her Majesty's dominion any of the following persons, in thly Act referred to as illegally enlisted parsons, that is to say :--

16

(1) Any person who, being a Bahish subject, within or without the dominions of Her Majesty bas, without the licence of Her Majesty, accopted or agreed to recept any commission or engagement, in the Military or Naval service of sing foreign State at war with any friendly Stute:

*)(2). Any person, being a British subject, who, wirbout the licence of Her Majesty, is about col quit Her Majesty's dominions with intent to accept any commission or engagement in the Military or Naval service of any foreign care at war with a friendly State:

*(3) Any person who has been induced to emburk under a misrepresentation or false represen tation of the service in which such person is to be engaged, with the intent or in order that such person may norept or agree to accept any commission or engagement in the Military or Naval service of any foreign State at our with a friendly Stute :

Such master or owner shall be guilty of an offence against this Act, and the following couses, quences shall ensue, that is to say --

(L.) The offender shall be pnaishable by fiue 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 dither with or without baml labour; atul

(2.) Such ship shall be detained until the trial and conviction or acquittal of the muster or owner.. and until all penalties inflicted on the meter or owner lave been paid, or the master or owner hat- given security for the payment of such penalties to the satisfaction of two Justices of the Pence, or other Magistrate or Magistrates having the authority of two Justices of the Ponce : anul

(3.) All illegally enlisted persons shall, immediately on the discovery of the offence, be taken ou shore, and shall tint be allowed to retora to the ship.

· Meyal Shipbuilding and Illegal blapeditions,

If any person, within Her Majesty's dominions, witlmat the licence of Her Majesty, does any of the following acts, that is to say :-

"(1.) Builds, or agrees to build, or causes to be built, my ship with intent or knowledge, or having reasonable rust to believe that the same shall or will be employed in the Military or Naval ser- vice of any foreign State ut war with any friendly State; or-

*(2.). Issues or delivers any commission for any ship with intent or knowledge or having resson- ably one 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

“(3.) Equips any ship with incene, kuwledge, or having reasonable cans to believe that the same shall or will be employed in the Milltary de Navad sevice of any foreign State at war with ang Friendly Stutene

1

be-patches, or cnusos or allows to be dispatchal, any ship with intent or knowledge, or having reps unble cause to believe that the same shall or will be employed in the Militory or Naval ser- vice of any foreigo Stato at war with any Friendly State :

Cuch person shall be decmed to have comtaitted an offence against this der, and the followingi consequtures shall ensue :----

* (1.) The offender shall be punishable by time 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.

(2.) The ship in respect of which any such offence,

forfeited to Her Majesty.

Chumitted and her equipment, shall be,

"Provkled, thap a person, building casing, for he built, or equipping a ship in my of the case aforesaid, in pursuance of a contract made before the rominencement of such war as aforesaid, shall, not be liable to any of the poetities imposed by this section in respect of such building or equipping

Be satisfies the conditus fellowing, that is to say -

(1) If Torthwith upon a Proclamation of Neutrality being issue by Her Majesty he gives notice to the Secretary of State that he is building, causing to be built, or e quipping such ship, ands, furnishes such particulars of the contræer and of any untrers relacing to, or done, or to be done inder the tract as inay be required by the Secretary of State:

(2) If he gives such security, mul cakes and permits to be taken such other menstres, il uny, us the Secretary of State may presurile for insuring that such ship shall not he dispatched, lelivurmi, de removed without the livened of Her Majesty until the termination of such war as oft

Cofresaid.

"Where any ship is built by order of or on behalf of any foreign State when at war withra friendly State, or is delivered to or to the order of such foreign State, or muy person who the knowledge of the person Tikling is an agent of such foreign State, or is paid for by such Toreign State or suel agent. al is employed in the Military or Naval serving of such foreign State, such slip shall, until the fontrary is proved, he deemed 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 lu; did not know that the ship was intended pa le so employed in the Military or Naval serving of such foreign State.

**If stay person within the dominions of Her Majesty, and without the licence of Her Majesty,- **By adding to the number of the guis, or by clanging those on board for other guns, or by the alition of muy equipment for war, increases or augnents, or procures to be inercasal or augmented, or is knowingly concerned in increasing or augmenting the warlike forms of many ship which at the time of her being within the dominions of Her Majesty was a ship in the Military or Naval service of muy foreign State at wor with any friendly State.--

** Such person shall be guilty of an offence against this Act, and shall be punishable by the and imprisonment, or entitar of such punishments, at the discretion of the Court before which the offender is conviend; and imprisonment, if awarded, tiny he either with or without hard falwacor.

"

If any person, within the limits of Her Majesty's dominious, and without the lieenre of Her

Majesty.-

Li

Prepares or fits out any Naval or Military expedition to proceed against the dominions of any Triendly State, the following consequences shall en

(1) Every person engaged in such preparation or fitting out, or assisting therein, or employe In any pity in such expedition, shall be guilty of an offence against this Act, and shati be punisheible hy fine and imprisonment, or either of such punishments, at the discretion of the Court before which the offender is convicted; and imprisonment. it awarded, muy be either with or without hard kalınır.

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

Any person who aids, alets, counsels, or procures the commission ol' any offence againer this Act shall be liable to be tried and punished as a pricipal offender,”

And whereas by the said on it is further provided that ships built, commissioned, equipped, ve dispatched in contravention of the said Act may be condenmol and forfeited by Judgment of the Court of Admiralty: and ther if the Secretary of State or chief executive authority is satisfied thu there is a reasonable and probable canse for believing that a ship within His Majesty's dominions has been or is being baile, commissioned, or equipped contrary to the said Act, and is about to be taken beyond the limits of such dominions, or that a ship is about to be dispatchel contrary to the Aur, such Secretary of State, or chief executive authority, shall have power to issue a warrant authorising the seizure furl search of such ship and her detention until she has been either condemned or released by process of law: And whereis certain powers of seizuretention are conferred by the said Ant où certain local authorities:

"Now, in order that none of His Majesty's subjects in this Colony may unwarily cope themselves lible to the penalties imposed by the said Shane, I do hereby warn all persons whatsoever within this Colony not to commit any act, matter thing whatsoever contrary to the provisión" of the said Statute, upon pain of the several penalties by the Statute imposed.

And I do, hereby, give notice that His Majesty has been plansed to direct that during the continumner of the present state of War, the following Rutes shall be par in forre in this Colony and shall he obeyed by all persons, namely:-

Į. Daring the continuance of dee present state of war, all ships of war of either belligerent are prohibitel from making use of any port or rundstond in the United Kingdom, the * Isle of Man, or the Chau Islands, or in any of His Majesty's dominions beyond de spas, or of any waters edifeet to the teritorial jurisdiction of the British Crown, as a station, or place of resort, for any warlike purpose, or for the purpose of obtaining any Eucilities for wurlike equipmentz and no ship of war of either belligerent shall heefter be permitted to sail out of or leave any port, roadstead, ooters subject to Peirish jurisliction, from which any vessel of the other belligerent (whether the suure shall be

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.