653395-1891-Bills-The-Arms-Consolidation-The-Merchant-Shipping-Consolidation — Page 35

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THE HONGKONG GOVERNMENT GAZETTE, 1ST AUGUST, 1891.

Penalty for infraction of sub-s. 6 and 10. (Phil, sec. 18.)

Fenalty for infraction of provisions of Sub-sections

and 9.

(Eid, sec. 19.)

Penalty for unlawfully using &

licence, paze, clearance, or special pormit. ([b, she. 20.)

Pensity for bringing men- dicants into The Colony,

Tid, sexy

Power to board wey junk

and demand

inspection of documents.

fit, sec. 22,

Tris of

Fences under this chapter. (Thid, séc. 23,

In case of

-payment

of penalty by

master, the sme may be levied by sale of junk.

flat, sec. 24.

(13.) Every master of a junk who shall refuse or fail to comply with the provisions of sub-sections 6 and 10 or shall knowingly give untrue particulars concerning the informa- tion which he is thereby required to furnish, shall incur a penalty not exceeding two hundred dollars, or imprison- ment with or without hard labour for any period not ex- ceeding six months, and it shall be lawful for the Governor, if he shall think fit, by warrant under his hand to order that any junk whereof the master has refused or failed to comply with the provisions of the said sub-sections, and whether such master shall have been brought to trial and punished or not, shall quit the waters of the Colony within twelve hours from the service of such order on board of. such junk, under penalty of forfeiture of such junk to the Crown.

(14.) Every master of a junk violating the provisions of sub-sections 8 and 9 shall incur a penalty not exceeding one hundred dollars, or imprisonment with or without hard labour for any period not exceeding twelve calendar months, and such junk and her cargo shall be forfeited to the Crown. And it shall be lawful for any sergeant of Police to arrest any junk or other Chinese craft leaving or about to leave her anchorage or any, junk which he has good reason to believe had left her anchorage between the hours aforesaid.

(15.) No licence, anchorage pass, clearance or special permit shall be used in respect of any junk other than the junk therein specified, or for any purpose or for any period of time other than the one therein mentioned, and every master of a junk who shall knowingly use or attempt to use any licence, anchorage pass, clearance or special permit which shall not have been lawfully obtained, shall be im- prisoned with hard labour for any term not exceeding twelve calendar months, and every junk in respect of which a licence, anchorage pass, clearance, or special permit shall have been used or attempted to be used in violation of this sub-section may, together with the cargo thereof, and whether the master shall have been brought to trial or not, at the discretion of the Court, be forfeited to the Crown.

(16.) Every master of a junk, vessel, or boat, bringing into the Colony, or from one part of the Colony to another, any person who shall, in the opinion of the Court before which the offence shall be tried, have come to the Colony for the purpose of mendicaucy, or any person suffering from leprosy or any contagious disease, shall incur à penalty not exceeding ten dollars for every such person so brought by him as aforesaid.

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(17.) It shall be lawful for any person deputed thereto by the Governor, or by the commander of any of Her Majesty's ships-of-war, or for any officer or Constable of the Police force, at any time to board any junk within the waters of the Colony and demand the production of either an anchorage pass, clearance, special permit, or licence, and in case by reason of the non-production of any one of such documents, or for any other reason, there shall be ground to believe or suspect that any provision of this Chapter has been violated by the master of such junk, or in case the document produced shall appear from the date thereof, or from any other cause, to have been unlawfully obtained, or to be unlawfully used, to arrest such junk and her cargo and the master of such junk, and deliver them into the custody of the Police.

(18.) No junk or cargo liable to forfeiture, under the pro- visions of this Chapter, 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 to- gether, 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.

(19.) Every junk of which the master shall be charged with having violated the provisions of this Chapter, shall be forthwith arrested and detained unless bail to the satisfac- tion 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 case he shall fail to pay, within ten days, any penalty which may be inflicted upon him, the same may be recovered by the sale of such junk, and the balance, if any, of the net proceeds thereof, after deducting therefrom the

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