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2240
THE HONGKONG GOVERNMENT GAZETTE, DEC. 28, 1906,
Trial of offences under this section.
Governor- in-Council empowered to frame rules for
carrying out provisions of this section.
sub-section
(25.) No junk or cargo liable to forfeiture, under the provisions of this section, shall be so forfeited nuless the offence in respect of which such junk or cargo is liable to forfeiture, shall be tiel 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, cither before or after the expiration thereof.
(26.) The Governor-in-Council is hereby empowered to make such rules and regulations as to him shall seem fit for the proper carrying out of the provisions of this section, and also from time to time fix and vary the fees payable by junks, and to prescribe the forms of all licences, certi- ficates, permits, receipts and clearances under this section and the conditious of issuing the same, and to provide adequate means for preventing, by force when necessary, any junk 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. of the Sche.lule to this Ordinance shall be deemed to be the proscribed 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 (1) or (5) of this section shall be liable to a penalty not exceeding one hundred dollars, or to imprisonment with or without hard labour for any period not exceeding three months.
(4) or ().
Penalty for infraction of sub- section (7) or (9).
Penalty for
sub-section (11) or (12).
(28.) Every master of a junk who shall refuse or fail to comply with the provisions of sub-section (7) or (9) of this section, or knowingly give untrue particulars con- cerning the information which he is thereby required to furnish, shall be liable to a penalty not exceeding two hundred dollars, or imprisonment with or without bard labour for any period not exceeding six mouths.
(29.) Every master of a junk violating the provisions of infraction of sub-section (11) or (12) of this section shall be liable to a penalty not exceeding two hundred dollars, or imprison- ment with or without hard labour for any period not ex- ceeding six months, and such junk and her cargo may, in the discretion of the Magistrates, be forfeited to the Crown. It shall be lawful for any officer or constable of the Police or Harbour Department to arrest within the waters of the Colony any junk or other Chinese craft leav- ing or attempting to leave her anchorage, or which he has good reason to believe had left her anchorage or any port of the Colony between the hours aforesaid.
Junk not carrying lights to be deemed in fault for collision.
(30.) If in any action brought in any Court of the Co- lony, in respect of a collision occurring between sunset and sunrise, in or outside the waters of the Colony, between a junk and another vessel, it is proved that such juuk did not carry either the light prescribed for sailing vessels by the International Collision Regulations or the lights pre- scribed for junks by sub-sections (1) and (2) respectively of section 25 of the Principal Ordinance as amended by sce- tion 11 of the Merchant Shipping Amendment Ordinance, 1905, then such junk shall be deemed to be in fault, unless it is shewn to the satisfaction of the Court that the circum- stances of the case made the omission to carry such lights
necessary.
Passed the Legislative Council of Hongkong, this 25th day of October, 1906.
A. G. M. FLETCHER,
Clerk of Councils.
Assented to by His Excellency the Officer Administering the Goveri mut, the 28th day of December, 1906.
T. SERCOMBE SMITH,
Colonial Secretary
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