CO129-053 - Public Offices - 1855 — Page 59

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

57

is that by a subsequent Clause power is given to commute the forfeiture for a pecuniary penalty; but before such commutation can be made, the Ship will have been brought in for adjudication and a penalty thereby inflicted.

To make the Ship owner suffer a penalty which will probably far exceed the pecuniary penalty refusing to be allowed is not requiring such a penalty as forfeiture; since the Officer empowered by Section 9 to make the search, will generally have physical force at his command to enable him to make it.

To make any alteration or craving in the Emigration Laws pro forma is harsh. Any breach of regulations concerning space, dietary, etc., should not have a minute and incompetent cause of forfeiture, which is also indefensibly severe.

The extreme penalty of forfeiture is applied to any cases should be confined to cases where the emigration papers are forged or fraudulently altered, and perhaps to cases in which, Contract having been made with the Emigrants, another is fraudulently substituted, or in which the destination of the Voyage has been fraudulently and improperly changed after survey. If these suggestions are adopted, Clause 7 may be incorporated with Clause 10 as altered.

Sections 12 to 15. These sections being, as is presumed, passed so as to operate in the same manner as the Slave Trading Acts, fall within the province of the Foreign Office, and the Board of Trade are unable to form any opinion on their probable effect.

Clause 16 - This is presumed that...

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57 is that by a subsequent Clause power is given to commute the forfeiture for a pecuniary penalty; but before such commutation can be made, the Ship will have been brought in for adjudication and a penalty thereby inflicted. To make the Ship owner suffer a penalty which will probably far exceed the pecuniary penalty refusing to be allowed is not requiring such a penalty as forfeiture; since the Officer empowered by Section 9 to make the search, will generally have physical force at his command to enable him to make it. To make any alteration or craving in the Emigration Laws pro forma is harsh. Any breach of regulations concerning space, dietary, etc., should not have a minute and incompetent cause of forfeiture, which is also indefensibly severe. The extreme penalty of forfeiture is applied to any cases should be confined to cases where the emigration papers are forged or fraudulently altered, and perhaps to cases in which, Contract having been made with the Emigrants, another is fraudulently substituted, or in which the destination of the Voyage has been fraudulently and improperly changed after survey. If these suggestions are adopted, Clause 7 may be incorporated with Clause 10 as altered. Sections 12 to 15. These sections being, as is presumed, passed so as to operate in the same manner as the Slave Trading Acts, fall within the province of the Foreign Office, and the Board of Trade are unable to form any opinion on their probable effect. Clause 16 - This is presumed that...
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-i ? 57 is that by a sebsequent Clause power in gives the forfeiture for a to commute peruniary penalty; but before such commutation can be made, the Ship will have been brought in for adjudication and a thereby inflicted نمار میں lop the Ship oner. which will probably far exceed the pecuniary penalty refusing be allow a crine a Obhuting o Ob, hiriting search is not requiring such a penalty as forfeiture; since the Officer enfurecord. by Section 9 to make the secauck, will Jenerally have physical fore at his "command to mable him to make it, To anake au alteration. or craviné ài the Emmigration Lapins promefacie 9 Evidence LE which to detain a Ship a harsh. MECOAVE would surely be To make any breach of regulations. concerning space, dietary so haveva minute and uncompentant a. Cause of forfeiture is also indefensibly sever? Ihis theique suggested that she Corvist exhone 10. extreme penalty of fufcitine is appled to any cases should be confined to casio where produced, emigration papers where the emigrations one are papres are forged or pandulently altered, and perhaps to cased in which, Contract having been made with the Emigrants, another is fraudulently substi or in which the destination of the Voyage has been fraustulently and improperty changed after survey. If these suggestin tuted are adoptedt Clause. 7 may be incepurated with Clause 10 as altered Sections 12 to 15 These sections being as is presumed paned so-as operate in the Jame a, the Slave Trading Acto fall within the province of the Foreign Office, and the Board of Trade are unable to their probable. form any opinion effect. Clause 16 - This presumed that this
2026-05-17 22:21:00 · Baseline
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-i

?

57

is

that by a sebsequent Clause power in gives

the forfeiture for

a

to commute

peruniary penalty; but before such commutation

can be made, the Ship will have been brought in for adjudication and a

thereby inflicted

نمار میں

lop

the Ship

oner.

which will probably far exceed the

pecuniary penalty refusing be allow

a

crine

a

Obhuting o Ob, hiriting

search is not

requiring such a penalty

as

forfeiture; since the Officer enfurecord. by Section 9 to make the secauck, will Jenerally have physical fore at his "command to mable him to make it,

To anake

au alteration. or craviné ài

the Emmigration Lapins promefacie

9

Evidence

LE

which

to detain a Ship

a

harsh.

MECOAVE

would surely be

To make

any

breach of regulations.

concerning space, dietary so haveva

minute and uncompentant

a.

Cause

of forfeiture is also indefensibly sever?

Ihis theique suggested that she

Corvist

exhone

10.

extreme penalty of fufcitine is appled

to any cases should be confined to

casio

where

produced,

emigration papers

where the

emigrations

one

are

papres are forged or pandulently altered,

and perhaps to cased in which, Contract having been made with the Emigrants, another is fraudulently substi or in which the destination of the Voyage has been fraustulently and improperty changed after survey. If these suggestin

tuted

are

adoptedt Clause.

7 may be incepurated with Clause 10

as altered

Sections 12 to 15 These sections being

as is presumed paned so-as

operate in the

Jame

a,

the

Slave Trading Acto fall within the

province of the Foreign Office, and the Board of Trade are unable to

their probable.

form any opinion

effect.

Clause 16 - This presumed that

this

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