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In the second place the power of the magistrate to order the security to be estreated can be exercised only when a piracy or robbery has actually been committed though it is obviously desirable that it should not be necessary to wait for the actual commission of a piracy or robbery before taking proceedings against a person who has failed to observe the precautions against piracy which he under- took by his bond to carry out.
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In the third place it fails to provide for the giving of any notice to the owners, agents, charterers or licensees of any proceeding with a view to the estreating of the security given, or for the furnishing to such owners, agents, charterers or licensees of any opportunity of showing cause against such order.
The present Bill accordingly provides that a bond shall be required in the case of any launch or ship as therein defined which is about to proceed on a voyage to Amoy, Macao Kwong Chan Wan, Hoihow or Haiphong, or to any place in the two Kwongs; that the power of a magis- trate to order the forfeiture of the sum secured by the bond shall not be limited to cases where a piracy has actually occurred but shall be exerciseable whenever a breach has occurred of the condition of bond ; and that the persons by whom the bond shall have been entered into shall have an opportunity of showing cause before any order of forfeiture is made.
It also provides that if any launch or ship in respect of which no bond has been given proceeds on any voyage which can lawfully be made only if a bond has been entered into the master and owners shall be deemed to be guilty of a misdemeanour, and it gives the Harbour Master power to refuse a clearance to any launch or ship which he has reasonable grounds to anticipate is about to proceed on any such voyage without a bond.
The regulations to be made under the Ordinance will, like those now in force, require guards to be carried, but these guards will in future be engaged and trained and paid by the Police Department, and will be appointed to the various launches and ships as required. The Bill accordingly provides that the owners of the launches and ships required to carry guards shall be liable to pay to the Government in respect of each guard carried such sum per month as may be fixed by the regulations.
The Bill also legalises the searches necessary for carry- ing out the contemplated precautions against piracy.
It also makes it a misdemeanour to give any order, or make any threat, or hold out any inducement, or exert any pressure, or offer any advice, which might have the effect of influencing any person to fail to observe any of the provisions of the Ordinance or of any regulations made thereunder.
The Bill does not apply to any vessel not exceeding 60 tons which is being used for pleasure purposes only, and the Governor-in-Council is given power to exempt any vessel or class of vessel from its provisious.
The bond is one to be entered into by the owners, agents, charterers or licensees, and is conditioned for the observance of all regulations for the time being in force under the Ordinance. The form of bond is given in a Schedule to the Bill.
A ship is any vessel over 60 tons in the propulsion of which any use is made of any mechanical means other than oars and sails, and a "launch" is any such vessel not exceeding 60 tons.
The Bill contains a clause suspending the operation of the Ordinance until the signification of His Majesty's pleasure thereupon, and providing that if approved it shall not come into operation until a date to be fixed by procla- mation by the Governor.
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C
J. H. KEMP,
Attorney General.
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