654343-1891-Ordinances-25-and-26-of-1891-Assented-to — Page 37

1142 THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC, 1891-

Penalty for bringing men- dicants &c. Into the Colony. (Lot, subs. 16.)

Power to board any junk and demand inspection of documents. (Ibid, subs. 17.)

Trial of offences under

This chapter. Hid, sub-s. 18.

In case of nou-payment of penalty by master, the same may be levied by sale

of junk. (Mid. sub-s.

19.)

Transfer to purchaser upon sale of junk. (Ibal, sub-a. *0)

Jauk licences ¡Zuid, sub-s. 31.)

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, who brings into the Colony, any person who in the opinion of the Court before which the offence is tried, has come to the Colony for the purposes of mendicancy, or any person suffering from leprosy or any infectious or contagious disease, or who removes any such person from one 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 infectious or contagious disease, such master can shew to the satisfaction of the Court that he had no reason- able means of knowing that such person was so suffering.

(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 au 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

in

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 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 calendar months from the date of sale, and if not claimed within that period, shall be forfeited to the Crown: Provided that in case there shall be in the Colony any consignee or agent of such junk registered under sub-section 6 no sale thereof shall be made in pursuance of this sub-section until three days' previous notice thercof shall have been given in writing to such consignee or agent.

(20.) Every junk forfeited or sold under the provisions of this Chapter 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 exe- entors, administrators and assigus, an absolute title to such junk.

(21.) It shall be lawful for the Harbour Master, in such cases as he shall think fit to grant to any owner of any junk boat or other vessel a licence authorising such junk boat or other vessel to ply between this Colony and other ports or places out of the Colony, during such period and subject to such conditions as the Harbour Master, with the approval of the Governor, may determine, and which conditions shall be endorsed on or contained in such licenco, and such junk boat or other vessel having obtained a licence, the master thereof shall cause the number of said licence to be painted in black figures twenty inches in length (to the satisfaction of the Harbour Master) on a white ground on each bow and on the stern: Provided that no such licence shall be granted unless the intended licensee shall enter into a bond together with one or more sureties resident in the Colony, and to be approved of by the Harbour Master, conditioned in any sum