5110-1906-Bills-read-a-first-time--Code-of-Civil-Procedure-Amendment- — Page 10

1566

THE HONGKONG GOVERNMENT GAZETTE, SEPT. 7, 1906.

Power to board any junk and demand ins- pection of documents.

same may

be levied by sale of junk.

removes any such person from oue part of the Colony to another, shall be liable to a penalty not exceeding ten dollars for each offence, unless in the case of any person suffering from any infections or contagious disease, such master can show to the satisfaction of the Magistrate that he had no reasoumble means of knowing that such person was so suffering,

(22.) It shall be lawful for the Harbour Master or any person deputed thereto by him, or for any Officer or con- stable of the Police force, at any time to stop and board any junk within the waters of the Colony and demand the production of any licence, certificate, receipt or special permit, and in case by reason of the non-production of any of such documents, or for any other reason, there shall bo ground to believe or suspect that any provision of the law has been violated by the master of such junk, or in ense the document produced shall appear from the date thereof, or from any other canse, to have been unlawfully obtained, or to be unlawfully used, to arrest such junk and her cargo and the master of sucli juuk, and deliver them into the enstody of the Police.

In case of (23.) Every junk, the master of which shall be charged non-payment with having violated the provisions of this section, may be of penalty by forthwith arrested and detained unless bail to the satis- master, the

faction of a Magistrate is given, until the said master shall either have been acquitted of the offence charged, or, if found guilty, shall have paid the penalty inflicted upon him, and in case he shall fail to pay, within ten days, any penalty which may be inflicted upon him, the same may he recovered by the sale of such junk, and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such penalty as aforesaid, shall be paid to the owner or owners of the junk, if claimed within twelve months from the date of the sale, and if not claimed within that period, shall be forfeited to the Crown: Provided that in case it shall be brought to the knowledge of the Magistrate that there is in the Colony any consignee or agent of such junk no sale thereof shall be made in pursuance of this sub-section until three days' previous notice thereof shall have been given in writing to such cousignee or agent,

Transfer to purchaser upon sale of junk.

Trial of offences under this section.

(24.) Every junk forfeited or sold under the provisions of this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Harbour Master, and such bill of sale shall confer upon such purchaser, his executors, administrators and assigns an absolute title to such junk.

(25.) No junk or cargo liable to forfeiture, under the provisions of this section, shall be so forfeited unless the offence in respect of which such junk or cargo is liable to forfeiture, shall be tried by two Stipendiary Magistrates sitting together, who shall have power, in their discretion, to extend the period limited by law for an appeal from their decision to the Supreme Court, either before or after the expiration thereof.

Governor

(26.) The Governor-in-Council is hereby empowered in Council empowered to make such rules and regulations as to him shall seem fit to frame

for the proper carrying out of the provisions of this section, Jules for

and also from time to time fix and vary the fees payable carrying out Provisions of by junks, and to prescribe the forms of all licences, certi- this section. ficates, permits, receipts and clearances under this section and the conditions of issuing the same, and to provide adequate means for preventing by force when necessary, any juuk from leaving the waters of the Colony, or any port thereof, or any anchorage for junks, in violation of this section.

Unless and until other fees are fixed by the Governor-in- Council, the fees mentioned in Table T. shall be deemed to be the prescribed fees.

Penalty for (27.) Every master of a junk who shall violate or infraction of refuse or fail to comply with the provisions of sub-section sub-section

(4) or (5) of this section shall be liable to a penalty not (4) or (5).

exceeding one hundred dollars, or to imprisonment with or without hard labour for any period not exceeding three months.

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