654343-1891-Ordinances-25-and-26-of-1891-Assented-to — Page 41

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1146 THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891.

General power tu the Govern- or in Council to make

regulations.

And to impose penalties.

Provisions as to rules, &c. made by

Governor in Council

Recovery of penalties and expenter

Forgery.

Any breach of this Ordinance punishable by fine. &c. [Ordinance lof 1862. sc. 29.)

ship shall each be liable to pay all expenses of and incidental to the officer or Surveyor being so taken to sea and also be liable to a penalty not exceeding five hundred dollars, or,

if the offence is not prosecuted in a saminary manner, not exceeding fifty dollars for every day until the officer or Surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.

(8.) In addition to the powers hereinbefore given, it shall be lawful for the Governor in Council, from time to time, to make, alter and repeal regulations for the better and more effectual carrying out of the provisions of this Ordi-

nance.

(9.) In any rules regulations or couditions under this Ordinance, except with reference to quarantine, it shall be lawful for the Governor in Council to impose penal- ties for the breach thereof, but so nevertheless that the penalty for the breach thereof do not exceed two hundred dollars or six months' imprisonment with or without hard labour.

(10.) Where the Governor or the Governor in Council has power to make any rules, or regulations or to pre- scribe any conditions or fees it shall be lawful for him, from time to time, to revoke, alter, or add to any such orders, rules or regulations conditions or fees so made.

(11.) All rules and regulations conditions and fees hereafter made and all revocations alterations or addi- tions thereof or of the Tables hereto shall be published in the Gazette.

(12.) Upon the publication of any rules or regu- lations conditions or fees or any revocation alteration or addition thereto or to the Tables hereto in the Gazette they shall, after the date of such publication, or at any time men- tioned therein, take effect as if they were enacted by the Legislature of this Colony.

(13.) There may be paid out of the Colonial Revenue to any officer or person appointed under this Ordinance or 10 any member of a Marine Board, Examination Board or Court of Survey or to any Assessor, such remuneration (if any) as this Ordinance directs, or, in so far as this Ordi- nance does not extend, as the Governor from time to time directs.

(14.) There may be paid out of Colonial Revenue all costs and compensation payable by the Governor in pur- suance of this Ordinance.

(15.) All offences against this Ordinance, or any orders, regulations, rules or conditions made thereunder, except when otherwise provided, may be heard and determined by any Stipendiary Magistrate, and all penalties and for- feitures imposed and declared by and expenses recoverable under this Ordinance, or any order, regulation, rule or condition made thereunder, except when otherwise provided, may be recovered and enforced in a summary manner, and the Marine Magistrate shall in relation to all such offences, penalties, forfeitures and expenses have the like powers and authority as are given to or reposed in Police Magis- trates under the provisions of The Magistrates Ordinance, 1890, in respect of offences triable on summary conviction.

(16.) Whosoever, with intent to defraud, shall forge, or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any certificate, ticket, document, matter, or thing named in this Ordinance, or any regulation made thereunder, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Supreme Court, for any term not exceeding seven years, to be imprisoned with or without bard labour.

Powers of Magistrates.

43. Where no penalty is specially attached by this Ordinance to the breach or infringement of any provision contained in this Ordinance or in any orders rules, regu- lations or conditions, made or to be made hereunder the same shall be punishable by a penalty not exceeding two hundred dollars, and in default of payment thereof, imprisonment with or without hard labour not exceeding three months.

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