Seamen giving information to be indemnified and rewarded.
4. And be it enacted that if any person offending as a petty officer, seaman, marine, or servant, against any one of the provisions of this Ordinance, shall within one year after the offence, give information on oath before a competent Magistrate against any person whatsoever, who shall have committed any offence against this Ordinance, and shall give evidence on Oath against him, before any Magistrate, or Court, before whom such offender shall be tried, or if such petty officer, seaman, marine, or servant, so offending, shall give information, so that such offender shall be convicted, then and in such case, such informer shall receive such part of any forfeited sum of money as is hereinafter provided, and shall not be liable to any of the pains or forfeitures provided by this Ordinance.
5. And be it enacted that the Superintendent of the Trade of Her Majesty's Subjects in China, and no other person whatsoever, unless duly authorized by him, shall commence, institute, and conduct all proceedings, for any offence against this Ordinance, which may be taken in Her Majesty's Courts in Hongkong.
6. And be it enacted that it shall be lawful for the Superintendent of Trade of Her Majesty's Subjects in China, so long as such Superintendent shall also be Governor of the Colony of Hongkong, but not otherwise, to remit wholly, or in part, any penalty or forfeiture provided by this Ordinance, and to award a part not exceeding one moiety of any sum forfeited, by any offender convicted under the provisions of this Ordinance, to any person who shall have given such information or assistance, as shall have led to the conviction of such offender.
Ships to be seized.
7. And be it enacted, that it shall be lawful for the Commanders of any of Her Majesty's Ships, or any other officers duly authorized in that behalf, to seize and detain any ship or vessel sailing under the British Flag, the master whereof shall appear on sufficient grounds to such Commander, or other officer, to have offended against the provisions of this Ordinance. Provided always that the said Commanders of Her Majesty's Ships and others shall be specially instructed and authorized by the Superintendent of Trade aforesaid, so to do, and that nothing herein contained shall be construed to give such power as aforesaid, without the said special instructions and authorization of the said Superintendent of Trade.
Ships liable to be sold in satisfaction of penalties.
8. And be it further enacted, that all ships or vessels sailing under the British Flag, which shall have been employed in any way so as to offend against the provisions of this Ordinance shall, together with their cargoes, be liable to be seized and sold, to satisfy any penalty incurred by such employment, and that all bills of sale, mortgages, and other transfers of property therein made, within three months after such vessel shall have been so unlawfully employed, or within three months from the time of any suit having been commenced against the owner or master thereof, for any offence against this Ordinance, or made at any time whatsoever to the knowledge of the purchaser with the view to evade the recovery of the penalties herein provided, shall as against the said liability to be sold for the purposes aforesaid, be void and of none effect.
HENRY POTTINGER,
Governor, &c., &c., &c.
Passed the Legislative Council
the 10th day of April, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
HONGKONG, Published by Authority.
Printed by John CARIL
Page 366
1
Seamen giving in formation to be in
demnified and warded.
re-
Superintendent of
year
4. And be it enacted that if any person offending as a petty officer, seaman, marine, or servant, against any one of the provisions of this Ordinance, shall within one after the offence, give information on oath before a competent Magistrate against any person whatsoever, who shall have committed any offence against this Ordinance, and shall give evidence on Oath against bin, before any Magistrate, or Court, before whom such offender shall be tried, or if such petty officer, seaman, marine, or servant, so offending, shall give information, so that such offender shall be convicted, then and in sach ease, such informer shall receive such part, of any forfeited sum of money as is hereinafter provided, and shall not be liable to any of the pains or forfeitures provided by this Ordinance.
5. And be it enacted that the Superintendent of the Trade of Her Majesty's Trade to control all Subjects in China, and no other person whatsoever, unless doly authorized by him, shail proceedings.
commence, institute, and conduct all proceedings, for any offence against this Ordinance, which may be taken in Her Majesty's Courts in Hongkong.
6.And be it enacted that it shall be lawful for the Superintendent of the Trade Superintendent of Trade to remit, pen- of Her Majesty's Subjects in China, so long as such Superintendent shall also be alties and to reward Governor of the Colony of Hongkong, but not otherwise, to remit wholly, or in part, informers & others. any penalty or forfeiture provided by this Ordinance, and to award a part not exceeding one moiety of any sum forfeited, by any offender convicted under the provisions of this Ordinance, to any person who shall have given such information or assistance, as shall have led to the conviction of such oflender.
Ships to be sized.
7. And be it coacted, that it shall be lawful for the Commanders of any of Her Majesty's Ships, or any other officers duly authorized in that behalf, to seize and detain any ship or vessel sailing under the British Flag, the master whereof, shall appear on sufficient grounds to such Commander, or other officer, to have offended against the provisions of this Ordinance. Provided always that the said Commanders of Her Majesty's Ships and others shall be specially instructed and authorized by the Superintendent of Trade aforesaid, so to do, and that nothing herein contained shail ́ be construed to give such power as aforesaid, without the said special instructions and authorization of the said Superintendent of Trade, Ships liable to be 8. And be it further enacted, that all ships or vessels sailing under the British Flag, as to offend against the provisions sold in satisfaction which shall have been employed in any way so
of penalties not of this Ordinance shall, together with their cargoes, be liable to be seized and sold, to
ithstanding
any satisfy any penalty incurred by such employment, and that all bills of sale, mortgages, nsfer of property and other transfers of property therein made, within three months after such vessel
the ein.
shall have been so unlawfully employed, or within three months from the time of any suit having been commenced against the owner or master thereof, for any offence against this Ordinance, or made at any time whatsoever to the knowledge of the purchaser with the view to evade the recovery of the penalties herein provided, shali as against the said liability to be sold for the purposes aforesaid, be void and of none effect.
HENRY POTTINGER,
Governor, &c., &c., fo.
Passed the Legislative Council
the 10th day of April, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
HONGKONG,Published by Authority.
Printed by Jour CARIL
366
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