CO129-168 - Sir Kennedy - 1874 [9-12] — Page 162

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

( 23 )

Special permit."

(Ibid, sec. 16.)

Penalty for

infraction of

paragraphe

4 and 5.

for the anchorage pass of such junk, and if a licensed junk, the licence thereof will be returned to him: Provided always that in case such junk shall not leave her anchorage within twenty-four hours thereafter, the master shall report the same at the Harbour Master's office or station, as the case may be, and the reason thereof, and shall, if so required to do, return the said clearance, and if a li- censed junk, also redeposit the licence thereof.

11. The Harbour Master or the officer for the time being in charge of any Harbour Master's station may, from time to time, grant to any master of a junk a permit to be called a "special permit,"

," which shall be a sufficient warrant or authority for the doing of any act mentioned in such permit.

calendar monthe.

12. Every master of a junk who shall violate or refuse or fail to comply with the provisions of paragraphe 4 and 5, shall incur a penalty not exceeding one hundred dollars, or imprisonment (Ibid, see. 17.) with or without hard labour for any period not exceeding six

Penalty for

13. Every master of a junk who shall refuse or fail to comply infraction of with the provisions of paragraph 6, or shall knowingly give paragraph 6. (Ibid, sec. 18.) untrue particulars concerning the information which he is thereby required to furnish, shall incur a penalty not exceeding two hundred dollars, or imprisonment with or without hard labour for any period not exceeding six months, and it shall be lawful for the Governor, if he shall think fit, by warrant under his hand to order that any junk whereof the master has refused or failed to comply with the provisions of the said paragraph, and whether such master shall have been brought to trial and punished or not, shall quit the waters of the Colony within twelve hours from the service of such order on board of such junk, under penalty of forfeiture of such junk to the Crown.

Penalty for infraction of provisions

of paragraph

B and 9. (Ibid, sec. 19.) Penalty for

14. Every master of a junk violating the provisions of paragraphs 8 and 9 shall be imprisoned with hard labour for any period not exceeding twelve calendar months, and such junk and her cargo shall be forfeited to the Crown.

15. No licence, anchorage pass, clearance or special permit shall unlawfully be used in respect of any junk other than the junk therein specified, using a licence, or for any purpose other than the one therein mentioned, and pass, clear- suce, or special every master of a junk who shall knowingly use or attempt to use permit. any licence, anchorage pass, clearance or special permit which (Ibid, sec. 20.) shall not have been lawfully obtained, shall be imprisoned with hard labour for any term not exceeding twelve calendar months, and every junk in respect of which a licence, anchorage pass, clearance, or special permit shall have been used or attempted to be used in violation of this paragraph may, together with the cargo thereof, and whether the master shall have been brought to trial or uot, at the discretion of the Court, be forfeited to the Crown.

16. Every master of a junk bringing into the Colony, or from bringing non- one part of the Colony to another, any person who shall, in the opinion of the Court before which the offence shall be tried, have (Ibid, sec. 21.) come to the Colony for the purpose of mendicaney, or any person suffering from leprosy or any contagious disease, shall be liable to pay a penalty not exceeding ten dollars for every such person so brought by him as aforesaid.

Penalty for

dicants into the Colony.

Power to

and demand

documents.

17. It shall be lawful for any person deputed thereto by the beard any junk Governor, or by the commander of any of Her Majesty's ships-of- inspection of war, or for any officer or constable of the Police force, at any time to board any junk within the waters of the Colony and demand (hid, sec. 22.) the production of either an anchorage pass, a clearance, special permit, or licence, and in case by reason of the non-production of any one of such documents, or for any other reason, there shall be ground to believe or suspect that any provision of this chapter has been violated by the master of such junk, or in case the document produced shall appear from the date thereof, or from any other cause, to have been unlawfully obtained, or to be unlawfully used, to arrest such junk and her cargo and the master of such junk, and deliver them into the custody of the Police.

Trixi of offences unter this chapter.

18. Every offence, the commission of which may render any junk or cargo liable to forfeiture, under the provisions of this (Ibid, sec. 23,) chapter, shall be tried by two Stipendiary Magistrates sitting together, who shall have power, in their discretion, to extend the period limited by law for an appeal from their decision to the Supreme Court, either before or after the expiration thereof.

payment of

19. Every junk of which the master shall be charged with In case of non. having violated the provisions of this chapter, shall be forthwith arrested and detained until the said master shall either have been acquitted of the offence charged, or if found guilty, shall have paid the penalty inflicted upon him, and in case he shall fail to pay, within levied by sale ten days, any penalty which may be inflicted upon him, the same

penalty by

master, the

Rame may be

of junk.

may be recovered by the sale of such junk, and the balance, if any, (Ibid, sec. 24.) of the net proceeds thereof, after deducting therefrom the expenses

160

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