CO129-193 - Governor Hennessy - 1881 [5-7] — Page 302

res

Mode of

licence.

ORDINANCE No. 5 of 1874.

Chinese Emigration.

5. Application for such licence shall be made in writing to application for the Colonial Secretary, and shall be transmitted through the Emigration Officer, and the owner, agent, or master of the {hid, sec. G.]

Chinese emigrant ship in respect of which such licence is ap- plied for, shall furnish all particulars as to the destination of the ship, and as to all matters relating to the intended voyage and emigration which may be required of him.

Punishment

6. All such particulars shall, if so ordered, be certified upon oath for furnishing before any justice of the peace, and every person who shall antrue parti knowingly furnish nutme particulars shall be liable to imprison- [bit, see. 7.] ment with or without hard labour, for any period not exceeding six calendar months, and to a fine not exceeding one hundred dollars, either in addition to or in substitution of such impri-

culars.

Power to

revoke amil cancel flcence, [Ibid, sec, 8.]

sonment.

7. If it shall appear to the satisfaction of the Governor at any time before the departure of a Chinese emigrant ship -

(a.) That the particulars furnished in relation thereto are

untrue; or

(b) That further particulars have been discovered since the

granting of the licence; or

(c) That any condition of the licence has been violated,-- it shall be lawful for the Governor in Council to revoke or vary the licence granted under this section in respect of such Chinese Emi- grant ship and to order that the said ship be seized and detained until the said licence be delivered up to be cancelled, or varied. Building, 8. If any person does any of the following acts within the repairing, Colony without having obtained a licence from the Governor equipping, under this section, or without any such licence as aforesaid despatching, selling, hiring, having been granted to the owner, agent, or master of the ship kc., &c., with-in respect of which such act shall be done, or in contravention out licence. of the terms of any such licence if granted, that is to say: [Ibid, sec. 9.] (.) Builds, alters or repairs, or agrees to build, alter or repair, or causes to be built, altered or repaired, any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the conveyance of Chinese emigrants to be embarked at any port or place ont of the Colony; or

(6.) Fits out, mans, navigates, equips, uses, lets or takes on freight or hire any ship, or commands, or serves on board any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

(c) Despatches, or canses or allows to be despatched any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

(d) Holds or takes any share or interest in, or makes any advances of money to any ship, or becomes security for such advances, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

ORDINANCE No. 5 OF 1874.

Chinese Emigration.

(e) Despatches or canses or allows to be despatched, or commands or serves on board any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe that such passengers are being carried or intended to be carried to any port or place out of the Colony for the purpose of being Conveyed therefrom as emigrants in the same or any other ship; or

() Being the master of a Chinese emigrant ship clears

out and proceeds to sea in such ship,-

such person shall be deemed to have committed an offence against this section, and the following consequences shall ensue

(a.) The offender shall be liable to imprisonment with or without hard labour for any term not exceeding two years, and to a fine not exceeding two thousand dollars, or to either of such punishments, at the dis- eretion of the Court;

(b) The ship in respect of which any such offence is com- mitted and her equipment shall, if within the waters of this Colony, be forfeited to the crown.

Penalty,

9. Any person who aids, abets, counsels, or procures the com- Panishment of mission of any offence against this section, shall be liable to be accessories.

[Ibid, sec. 10.] tried and punished as a principal offender.

10. The Governor upon being satisfied that there are reason- Seizure, search able grounds for suspecting that a ship within the waters of the and detention Colony has been, or is being built, altered, repaired, or equipped, ships."

of suspected

or is about to be despatched and taken out to sea contrary to [Ibid,see. 11.] the provisions of this section, or that any other offence against the said provisions has been committed, rendering the said ship liable to forfeiture, may issue a warrant in the form contained in schedule to this Ordinance; and upon such warrant, the said ship may be seized and searched and detained until it has been either condemned or released by process of law, or in the manner hereinafter mentioned.

11. Any officer so anthorized to seize, search and detain any Powers of ship under this section may, for the purpose of enforcing such officers authe seizure, search and detention, call to his aid

rized to seize coustable or any

ships. officers of Police, and may apply for assistance to any officer [Ibid, sec. 12. of Her Majesty's Army or Navy, or Marines, or to the Harbour Master, or any officer having authority by law to make seizures of ships, and may put any persons on board such ship to take charge of the same, and to enforce the provisions of this section, and any officer so authorized as aforesaid, may use force, if ne cessary, for the purpose of enforcing such seizure, search and detention, and if any person is killed, maimed, or hurt by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, or at his request, such officer so seizing, searching and detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt.

298