CO129-592-10 Future Policy in Hong Kong- Port Administration 10-4-1946 - 15-4-1947 — Page 166

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

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the provisions of the Merchant Shipping Ordinance) for the payment

of any dues, rates, tolls or penalties due and payable with respect

to such vessel or in respect of the acts of the master, owner or

person in charge thereof.

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(4) Such vessel may be seized and sold under any writ or warrant of

execution or of distress issued by any court of competent juris-

diction upon the judgment or conviction at the suit of the Port Trust

against the vessel, the master, owner or person in charge thereof.

(5) Such vessel may be so seized and detained, or so seized and sold

while in the possession or charge of any person, whatever, whether in

harge or possession of orthe property of the person who was owner

when such dues, rates, rolls or penalties accrued, or in charge or

possession of or the property of any other person.

The Port Trust may in the manner hereinafter set forth seize

and detain any goods in case

(a) any sum is due for dues, rates or tolls in respect of such

goods and is unpaid; or

(b) such goods are, in the opinion of the Port Trust, perishable

goods, or are goods in respect of which the amount of dues,

rates or tolls accruing thereon is, in the opinion of the

Port Trust, likely to become greater than the amount which

could be realized by the sale of such goods; or

(c) any provision of this Ordinance or any by-law in force under

this Ordinance has been violated or has not been observed in

respect of such goods and a penalty has thereby been

incurred.

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(1) Every seizure and detention made under this Ordinance shall be

at the risk, cost and charges of the owner of the vessel or goods

seized until all sums due or penalties incurred, together with all

costs and charges incurred in the seizure and detention and the

costs of any conviction obtained for the violation or non-observancr

of any of the provisions of this Ordinance, or of any by-law in forc

under this Ordinance, have been paid in full.

(2) The seizure and detention may take place either at the commence- ment of any action or proceeding for the recovery of any sums of money due, penalties or damages, or pending such suit or proceeding,

or as incident thereto, or without the institution of any suit or

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