Directory_and_Chronicle_1863 — Page 73

XXXIV

LONGKONG ORDINANCES.

such other Punishment, by Imprisonment for not more than Two Years with or without Hard | An Labour, or by Fine, as the Court shall uward.

No. 10.

Ordinance to establish and regulate certain Fees to be taken for Duties to be performed under the Merchant Shipping Act, 1854.—[lab May, 1860.J

XI. No Person crempt from answering Questiona in any Proceeding in the Supreme Court; Evidence

I. Per specified in Schedule to be levied.--That not admissible in Prosecutions under this Urdin- ance-Nothing in this Ordinance contained alat the respective Fees specified in the Schedule here- enable or entitle any Person to refuse to make a unto apexed eball be paid and taken, and may be full and complete Discovery by Answer to any Bill'sued for, by the officer for the Time being discharg in Equity or to answer any question or Interroga-ing the Duties of Principal Officer of Customs in tory in any Civil Proceeding in the Supreme Court Hongkong under the Provisions of the Merchant of Hongkong, and whether in the Common Law, Shipping Act, 1854, as the lawful Fees for the Equitable, Probate, or Insolvency Jurisdiction Discharge of the respective Duties therein specified. thereof; but no Answer to any such Bill, Question, II. Fees to be paid in Dollars and to be accounted or Interrogatory shall be admissible in Evidence for to Culuneal Treasury —All Fees levied under against such Person in any Proceeding under this this Ordinance shall be paid in current Dollars, and Ordinance,

shall be paid by the Officer receiving them into the Colonial Treasury.

XII. No Remedy at Law or in Equity shall be affected-Convictions shall not be received in Evid- ence in Civil Suits-Nothing in this Ordinance contained, nor any Proceeding, Conviction, ur Julg. ment to be had or taken thereon against any Person under this Ordinance, shall prevent, lessen, Or impeach any Remedy at Law or in Equity which. any Party aggrieved by any Offence against this Ordinance might have had if this Ordinance had not been pas-ed; but no Conviction of any suc Offender shall he received in Evidence in any Action at Law or Suit in Equity against him; and nothing in this Ordinance con ained shall affect or prejudice any Agreement entered into or Security given by any Trustee, baving for its Object the Restoration or Repayment of any Trust Property misappropriated.

XIII. No Prosecution shall be commenced without the Sanction of the Attorney General -No Proceed- ing or Prosecution for any Offence included in the First Section, but not included in any other Section of this Ordinance, shall be commenced without the Sanction of the Attorney General,

1

SCHEDULE.

Matter w Dury in Respect of which the Fre is to de taken. „Amount of Pec,

·

Effering an Imperial Regater and granting Certificate sherent. Sit Copy from Registry Book, For every Declaran made in any of the Forms HCFGH Endering Meerandum of Clinge of Master upon Certificar

or in the schedule to the Merelaut Shopping Art 1851,

of Registry,

Granting & Pruvisqus.a? Certificate of Registry,

Hering Mortgags of a Stap or Shares in a Shi, mad- ander

a Certascate it Mortgage,

Recording the Transfer of a blutighge, of a Slap, on Naures in a Recording the Discharge of a Mortgage of a Slap or Shares in a Fresers Sale of a Stop or Staare in a Sup under a Certificate Shay made under » & cruchcase of Mortgage,

Kłoj made noder a Cert:fonte di Murigauge,

of sale,

For Cerlaying a Demersin,

For every Alteration in Agternents with Seaven,

For Attesting a Sentano's Will,

For Exasining Presses or Water (to be paid by the Party facing to support ius east))

No. 11.

1

5

An Ordinance to constitute a Marine Court of Inquiry in Hongkong.—[10:b July, 1860.]

I. Constitution of Marine Court.-It shall be XIV. If Offence amounts to Larceny, Person not lawful for the Governor, from Time to Time, and to be acquitted of a fudemeanor. If upou the hensoever occasion shall arise or require, by War- Trial of any Person under this Ordinance it shail rant under his Hund and Seal, to appoint Five appear that the Offence proved amounts to Larceny, Persons to form a Court, which shall be called he shall not by reason thereof be entitled to be

The Marine Court ;" and such Court shall consist acquitted of a Misdemeanor under this Ordinance.of the Chief Magistrate. and Harbour Master, for XV. Costs of Prosecutions.—In every Prosecu- the Time being, an un-Offic al Justice of the Peace, tion for any Misdemeanor against this Ordinance and two other Persons, who shall be both. or either the Court may allow the Expenses of the Prosecu- of them, Government Marine Surveyors, or Master tion in all respects as in Cases of Felony.

Marin-rs.

XVI. Misdemeanors not triable at Petty Sessio18. 11. Cases in which Inquiries are to be instituted -Misdemeanors against this Ordinance sunil beby such Court-In any of the Cases following. (that prosecuted or tried at the Supreme Court only, is to say,) Whensoever a Charge of Incompetency XVIL_Interpretation of certain Terma-Theor Misconduct shall be brought by any Person Word "Trusted" shall in this Ordinance mean a against any Master or Mate of British Ship; Trustee on some express Trust created by some Whenever any Ship is lost, abandoned, or mater- Deed, Will, or Instrument in Writing, and shall ially damaged, on or near the Cousts of the Colony siso include the Heir and Persous! Representative | of Hongkong,

of any ruch Trustee, and also all Executors and Whenever any Ship caures Los or material Administrators, Liquidators, under the Joint Stock | Damage to any other Ship on or near such Cousta ; Companies Acts of the Imperia! Parliament, and Whenever, by reason of any Casualty happening to or on board of any Ship on or near euch Coasta, all Assignees in Bankruptcy and Insolvency:

The Word "Property" shall include every De-Loss of Life ensues; scription of Real and Personal Property, Goods, raw Whenever any such Loss, Abandonment, Dam- or other Materials, Money, Debts, and Legacies, and age, or Casualty happens elsewhere and any com- all Deeds and Instruments relating to or evidencing|petent Witnes-es thereof arrive or be found at any the Title or Right to any Property, or giving Place in the said Colony; Writ to recover or receive any Money or Goods; It shall be lawful for such Court to hear and in- and sach Word "Property" shall also denote and quire into any such barge of Incompetency or include not only such Real and Personal Property Misconduct, and to make Inquiry respecting such as may have been the original Subject of a Trust, Loes, Abandonment, Damage or Casualty; and for but also why Real or Personal Property into which auch Purposes they shall have the Powern given the mame may have been converted or exchanged, by the First Part of the " Merchant Shipping Act and the Proceeds thereof respectively, and anything 1854" to Inspectors appointed by the Board of acquired by such Proceeds.

Trade.

HONGKONG ORDINANCES.

XXXV

11. Puer 1. boccur in case the Revenus he III. Powa of Court to compel Altodance of Purties. W’chemą, du—The said Court stall, 60 defcunt--in case the said Revenue shall not be far as relates to the Suminomug of Parties, cumpel sufficient to afford such Suin as aforesaid, in ad fing the Attendance of Witnesses, the Regulations, ditioti to the Expenditure required for the (ieneral of the Proceedings, and the Enforcement of Pub Service of the Colony, it shall be inwful for Penulties, have the swe Powers as are vested in. His Excelienicy the Governor in Executive Council the Court of Petty Sessions or in the Chief or to borrow such Sau or Suns of Money as may be so deficient, by Mortgage of the Water Rate here- Assistant Magistrate in Proceedings relating to an Offence or Cause of Complaint upon which such inafter authorized; and every Mortgage shall be Court of Petty Sessions or Magistrate has Power to in the Form A, to this Ordinance annexed make a summary Conviction or Order, ur sa near ne Circumstances will permit.

III. Mortgages to be redumall, when the Gover- nor shull ddirminc.—Every Mortgage, which sball IV. Report of Count to be sent to Board of Trode, be effected under the authority of this Ordinance, --Upon the Conclusion of the Case, the said Court shall be redeem.bk whichever His Excellency the shall send & Report to the Board of Trade contain- fiovernor in Executive Council shall determine: ing a full Statement of the Case and of their Provided always, that Six Mouths' Notice of such Opinion thereon, accompanied by such Reports of Intention to redeem, shall be given to the Mortga or Extracts from the Evidence, and such Observ. gre ; and the Governor is hereby authorized and empowed to appropriate out of the Colonial Re- ations (if any) ma the Court may think fit.

Tenue suck Som or Sums of Money as way be V. Costs of sack Investigations.—The said Court required 1 carry out such Redemption; but so may make such srder with respect to the Costs of that the amount borrowed and redeemed, added to any Buch Investigation or any Portion thereof as the Amount previously drawn from the Colonial they may deem fit, and such Costs shall be paid Treasury, shall not at any Time exceed in the whole accordingly, and shall be recoverable in the same the Sum of Thirty thousand Pounda.

Manuer 18 Costs in Summary Proceedings before

IV. Water Rate to be emprised on certain Subdis- tricts of the City of Victoria.-Upon the Comple- the Court of Petty Sessions or before the Chief or Assistant Magistrate.

tion of the said "Water Works there shall be levied VI. Masters and Mates may be required to deliver Half-yearly on the Crown Lessees of all Lands in Certificates to be held till close of ingwiry. The said the Subdistricts comprised within the District of Court may, if they think fit, require any Master or Victoria, except Wang-nei-chewing_and_ Soo-kuun- Mate possessing a Certificate of Competency or 00, a Rate to be called a "Water Rate" estimated Service whose Conduct is called in Question, or at Two per Cent per unnum on the gross annual appears to them likely to be called in Question in Value of Property set forth in the Police Rate the course of such Investigation, to deliver auch Assessment for the current Year; and all the Pro- Certificate to them; and they shall bold the Certifi¦ visions of the Ordinance No. 2 of 1845 and No. 3 cate so d-livered until the Conclusion of the In-¡ of 1951. touching Valuation and Appeal, shall vestigation, and shall then either return the same extend and apply to the said Water Rate.

to suen Master or Mate, or, if their Report is such (

V. Application of much Rate,The said Rate 6 to enable the Board of Trade to cancel or suspend | such Certificate under the Power given to such shall be applied in" Manner following, that is to Board by the Third Part of the Merchant Ship-Gay; in the first place, in maintaining the said ping Act 1854, shall forward the same to the Water Works and in defraying all Expenses con- Board of Trade, to be dealt with as such Board nected therewith; in the second place, in securing thinks fit; and if any Master or Mate fail so to and repaying any Monies which may have been deliver his Certificate, when so required, he shall borrowed for the Purposes aforesaid under the incur a Penalty not exceeding Two Huudred current, Authority of this Ordinance and the Intereat accruing thereon; and the Residue shall be Dollars.

carried to the Credit of the General Revenue of the

VII. Jurisdiction of the Court of Fice Admirally Colony. mot to be affected-Provided always, that nothing| in this Ordinance contained shall be taken to effect

VI. Meaning of the term “Governor."—In the

in any way the Jurisdiction of the Vice Admiralty Construction of this Ordinance The Governor Court of Hongkong, howsoever the same may be shall be taken to include the Officer for the Time | being administering the Government of the Colony. acquired.

No. 13. An Orfiuance for the Establishment of a Civil List. —[17th August, 1860.)

No. 12.

An Ordinance to provide & Supply of Water for the City of Victoria, and to appropriate a Sum not exceeding Thirty Thousand Pounds for such purpose.—[10th July, 1860.)

I. Appropriation of £28,200 to Civil Lit— There shall be payable in every Year to Her Majesty, I. A Sum not exceeding £30,000 to be charged on Her Heirs and Successore, out of the General the Colonial Revenue, in addition to the General ¦ Revenue of the Colony of Hongkong, the several Expenditure.-A Sum not exceeding Thirty Thou- Sums not exceeding in the whole the Sum of and Pounds shall be charged upon the Revenue of Twenty Eight Thousand Two Hundred Pounds this Colony for the Purpose of constructing suitable for de fraying the Expense of the several Salarice Works for supplying the City of Victoria with named in the Schedule A. to this Ordinance annex- Water, in addition to such Sume as are now ored, the said several Sume to be issued by the may hereafter be charged upon the maid Revenue Colonial Treasurer in discharge of such Warrant on account of the Expenditure incurred or to be, or Warrants as shall be from Time to Time directed incurred in and about the General Public Service under the Hand of the Governor. II. Civil List to exist from 1st August, 1860.——— of the said Colony; And His Excellency the! Governor is hereby empowered to draw on the That this Ordinance shall take effect from the Colonial Treasury for such Suin or Sume, not ex-Commencement of the present Month.

ceeding the aforemid Amount, as he shall from Time to Time think fit.

• As amended by No. 5 of 1962Z