Penalty on seamen serving on board ships engaged in unlawful trade.
3.—And be it enacted, if any person shall enter and embark on board of any ship or vessel as petty officer, seaman, marine, or servant, or in any other capacity, knowing that the vessel is actually employed, or intended to be employed, in the trade hereby declared to be unlawful, such person so offending shall forfeit a sum not excceding five hundred dollars, and in default of payment shall be liable to be imprisoned, with or without hard labour, for any period not exceeding three months. Seamen giving
4. And be it enacted that if any person offending as a petty officer, seaman, information to be marine, or servant, against any of the provisions of this Ordinance, shall within indemnified and re-
one year
after the offence give information on oath before a competent Magistrate, warded.
against any person whatsoever who shall have committed any offence against this Ordinance, and shall give evidence on outh 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.
Superintendent of 5.-And be it enacted that the Superintendent of the Trade of Her Majesty's Trade to control all Subject's in China, and no other person whatsoever, unless duly authorized by him, proceedings. shall commencé institute and conduct all proceedings for any offence against this
Ordinance, which may be taken in Her Majesty's Courts in China. Superintendent of 6.--And be it enacted, that it shall be lawful for the Superintendent of the "Trade to remit
trade of Her Majesty's Subjects in China to remit wholly or in part any penalty penalties and to reward
informers or forfeiture provided by this Ordinance, and to award a part not exceeding one and others.
moiety of
any sam, 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 any of Her Majesty's Consuls in China, or the Commanders of any of Her Majesty's Ships within one hundred miles from the Coast of China, or any other officers duly authorised in that behalf, to scize and send for adjudication to Hongkong any ship or vessel sailing under the British flag, the master whereof shall appear on sufficient grounds to such Consul Commander or other officer, to have offended against the provisions of this Ordinance. Provided always that the said Consuls, Commanders of Her Majesty's Ships and others, shall be specially instructed and authorised by the Superintendent of Trade aforesaid so to do, and that nothing herein contained shall be construed to give such power 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 sold in satisfaction British dag, which shall have been employd in any way so as to offend against of penalties notwith the provisions of this Ordinance, shall together with their cargoes be liable to be standing any transfer of property therein, 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 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 recovery of the penalties herein provided, shall against the said liability to be sold for the purposes aforesaid be void and of none effect.
· Rule for interpret.
Ordinances.
9. And be it enacted, that wherever this or any other Ordinance, in describing ing this and other or referring to the offence, or the subject matter on or with respect to which it shall be committed, or the offender or the party affected with the offence, hath used or shall use words importing the singular number or the masculine gender only, yet the Ordinance shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the context repugnant to such construction.
Passed the Legislative Council,
on the 20th day of March, 1844.
RICHARD BURGASS.
HENRY POTTINGER. Superintendent of Trade, &c. &c. &c.
Clerk of the Legislative Council.
HONGKONG-Published by Authority.
Printed by JoHN CAIRNS.
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