CO129-005 - Sir Henry Pottinger - 1844 — Page 380

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Bevade the recovery of "the penalties herein provided shall as against the said liability to be sold as aforesaid be void and of none effect."

The first observation which I have to make on this Clause is that the words "ships sailing under the British Flag" appear to have been used as synonymous with "British vessels navigated by British subjects," although owned, constructed, and provided with a British crew. Nevertheless, the Clause as it stands appears to be liable to considerable confusion and embarrassment. And secondly, I apprehend that the latter part of the enactment might affect the security of titles to vessels unless confined to transfers or mortgages after seizure, or to transfers or mortgages before seizure if made by transferees or mortgagees having notice that the vessel had been employed in unlawful trading.

It appears to me indispensable that the Ordinance should be amended in these points, and in introducing these amendments, it would be desirable that its provisions should be more specific and made more clear as to the form of procedure to be adopted for the seizure and sale of vessels contravening its enactments.

Therefore, I submit to the Legislative Council that the Ordinance No. 6 of 1844 should be amended in the particulars which I have pointed out.

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Bevade the recovery of "the penalties herein provided shall as against the said liability to be sold as aforesaid be void and of none effect." The first observation which I have to make on this Clause is that the words "ships sailing under the British Flag" appear to have been used as synonymous with "British vessels navigated by British subjects," although owned, constructed, and provided with a British crew. Nevertheless, the Clause as it stands appears to be liable to considerable confusion and embarrassment. And secondly, I apprehend that the latter part of the enactment might affect the security of titles to vessels unless confined to transfers or mortgages after seizure, or to transfers or mortgages before seizure if made by transferees or mortgagees having notice that the vessel had been employed in unlawful trading. It appears to me indispensable that the Ordinance should be amended in these points, and in introducing these amendments, it would be desirable that its provisions should be more specific and made more clear as to the form of procedure to be adopted for the seizure and sale of vessels contravening its enactments. Therefore, I submit to the Legislative Council that the Ordinance No. 6 of 1844 should be amended in the particulars which I have pointed out. Page 372

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view Bevade thorecovery of "the penalties herein provided shall as against tho said, Seability to be sold are foresaid "he void and of none effect." The first obrecation which I have tomake on this Clause "is that the words "ships Repels sailing British Flag" appear to under the Dr. best has peshabl been touchess within have been used as synonymous itsoperation Winds with " British Vesely navigated starda nolatiety British, altho Butich owned constuction and provided with a Saileep holen from the God of Along. Nevertheles, the Clause asihat ferent stands appears to be liable to, according which might lead in partire to considerable confusion and subarrassment. And reconde dapprehend that the latespart of the mactment might affect the recurity of titles to lapels unless confined to transferr mortgage, after heigure, or to transfers or mortgages before reigure if made &transferees or mortgageer notice that the having Vepel had been emplaged 372 unlawful trading. It appears tome underpensable that the Ordinance should be amended in these points, and in introdecsing there amendment's it would be desirable that ili provisions should be more specific a made more as to the form of procedure to be adopted for the sigure andrale of Apels contravening Thave its enactments: Therefore, todenive that with submit to the jou degislative Comcilan Ordnance Wamend the Ordinance Rog of 1844 in the particular which Shave pointed the meantime out, and in

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view Bevade thorecovery of "the penalties herein provided shall as against tho said, Seability to be sold are foresaid "he void and of none effect."

The first obrecation which

I have tomake on this Clause "is that the words "ships Repels sailing British Flag" appear to

under the

Dr. best has peshabl

been touchess within

have been used as synonymous itsoperation Winds with " British Vesely navigated

starda

nolatiety British, altho Butich owned

constuction and provided with a

Saileep holen from the God of Along. Nevertheles, the Clause asihat ferent stands appears to be liable to,

according which might lead in partire to considerable confusion and subarrassment. And reconde dapprehend that the latespart of the

mactment might affect the recurity of titles to lapels unless confined to transferr mortgage, after heigure, or to transfers or mortgages before reigure if made &transferees or mortgageer

notice that the

having Vepel had been emplaged

372

unlawful trading.

It appears tome underpensable that the Ordinance should be amended in these points, and in introdecsing there

amendment's it would be desirable that ili provisions should be more specific a

made more

to the form of procedure to be adopted for the sigure andrale of Apels contravening

Thave

its enactments:

Therefore, todenive that

with submit to the

jou degislative Comcilan Ordnance Wamend the Ordinance Rog of 1844 in the particular which Shave pointed the meantime

CO129-005 - Sir Henry Pottinger - 1844 — Page 380

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