Directory_and_Chronicle_1892 — Page 408

844

COLONY OF HONGKONG

suspect and believe, that gunpowder is kept or carried, or is on board of any vessel contrary to the provisions of this chapter.

12. The Governor in Council is hereby empowered to make rules and regulations for the proper carrying out of the provisions of this chapter, including storage of gunpowder on land, or its carriage within the waters of the Colony, and to fix and vary from time to time the sums chargeable for the storage of gunpowder as herein before prescribed, and every violation or neglect of any such rules or re- gulations shall render the party so offending liable to the penalties imposed by sub- section 14 of this section for offences against any provisions thereof.

13. The sums charged in respect of such storage shall be paid monthly by the party claiming to be entitled to such gunpowder, and in the event of the same not being paid within twenty-one days after the same shall have become due and payable, it shall be lawful for the Governor to direct the said gunpowder to be sold, in order to defray the expense of storage, and the proceeds thereof, after deduction of all government charges and the expense of sale, shall be paid to the party who shall prove himself entitled thereto to the satisfaction of the Governor.

14. Every person who shall violate or refuse or fail to comply with the provi- sions of this chapter shall incur a penalty not exceeding three hundred dollars, or imprisonment for any period not exceeding six months.

15. Nothing in this chapter contained shall apply to Her Majesty's ships of war or the ships of war of any foreign nation, or to hired armed vessels in Her Majesty's service or in the service of any foreign nation, or to Government stores.

LICENSING, &c., or BOATS, CARGO BOATMEN, &c. Grain Cargoes.

XLI.-No cargo of which more than one-third consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts, or nut kernels, hereinafter referred to as grain cargo, shall be carried on board any Colonial ship, unless such grain cargo be contained in bags, sacks, or barrels, or secured from shifting by boards, bulkheads, or otherwise.

The penalty provided by section 22 of the "Merchant Shipping Act, 1876," for knowingly allowing any grain cargo or part of a grain cargo to be shipped on any British ship contrary to the provisions of the said section may likewise be recovered upon summary conviction before any Stipendiary Magistrate.

General.

6. Where under this Ordinance a ship is authorised or ordered to be detained, if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner or agent and any person who sends the ship to sea, if such owner or agent or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceeding five hundred dollars.

7. Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any Surveyor or officer appointed by the Governor, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or Surveyor being s› taken to sea, and also a penalty not exceeding five hundred dollars, or if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer or Surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.

16. Whosoever, with intent to defraud, shall forge, or alter, or shall offer, utter, dispose of, or put off knowing the same to be forged or altered, any certificate, ticket document, matter, or thing named in this Ordinance, or any regulation made there- under, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Supreme Court, to be kept in penal servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without bard labour.