657418-1889-Ordinances-1-to-8-assented-to-Dr-J-C-Thomson-registered — Page 12

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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.

Power to revoke and cancel licence. [Ţbid. subs. 7.]

Seizure, search and detention of suspected ships.

[Ibid. subs. 10.]

Powers of

officers authorized to scire ships. [Zbid. subs. 11.]

Tetition to Court.

[Ibid. subs. 12.]

Citation of owners.

[Ibid. sube, 13.]

Proceedings thereon. [Ibid. subs. 14.]

Pleading.

[Ibid.]

Issues.

Warrant to search. [Ibid.]

79. If it shall appear to the satisfaction of the Governor at any time before the departure of a ship in respect of which a licence is required under section 74.

(a.) That the particulars furnished in relation thereto

are untrue; or

(b.) That further particulars have been discovered

since the granting of the licence; or

་

(c.) That any condition of the licence has been

violated,-

it shall be lawful for the Governor in Council to revoke or vary such licence and to order that the ship be seized and detained until the licence be delivered up to be cancelled, or varied.

80. The Governor upon being satisfied that there are reasonable grounds for suspecting that a ship within the waters of the Colony has been, or is being built, altered, repaired, or equipped, or is about to be despatched and takcu out to sca contrary to the provisions of section 74,. or that any other offence against the said provisions has been committed, rendering the said ship liable to forfeiture, may issue a warrant in the form contained in schedule N hereto; and upon such warrant, the said ship may be seized and searched and detained until it has been either con- demned or released by process of law, or in the manner hereinafter mentioned.

81. Any officer so authorized to seize, search and detain any ship under section 80 may, for the purpose of enforcing such seizure, search and detention, call to his aid any constable or officers of Police, and may apply for assistance to any officer of Her Majesty's Army or Navy, or Marines, or to the Harbour Master, or any officer having authority by law to make seizures of ships, and may put any persons on board such ship to take charge of the same, and to enforce the provisions of section 80, and any such officer so authorized as aforesaid, may use force, if necessary, for the purpose of euforcing such seizure, search and detention, and if any person is killed, maimed, or hurt by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, or at his request, such officer so seizing, searching and detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, Her Heirs and Successors, as against all persons so killed, maimed, or hurt.

82. The owner of the ship so seized and detained or his agent, may apply by petition to the Supreme Court for its release.

83. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the owners or their agents in the Colony by a notice which may be in the form contained in schedule hereto, to appear before the Supreme Court to show cause why the said ship should not be condemned and forfeited to the crown for breach of the provisions of sections 74 and 75, and in case there shall be no owner of the said ship in the Colony, nor any agent of such owner, the said notice shall be published twice in the Gazette, and such publication shall be equivalent to personal service. of the citation.

84. On the day appointed for the hearing of any petition for the release of the ship, or for the appearance of the owners or their agents in the Colony in obedience to a citation to show cause why the same should not be forfeited, the Court shall proceed to enquire into the matter and to make such orders as may be necessary to put the matter of the seizure and detention of the ship in course of trial between the owner and the Crown.

85. The Court may, if it shall think fit, direct a written statement or answer or any additional pleading to be filed, and may, in its discretion, receive evidence orally or by affidavit, or partly orally and partly by affidavit, and may determine all questions of fact as well as of law, or may, of its own motion, or on the application of either party, direct a jury to be empanelled for the determination of any question of fact, may frame issues of law and of fact, and generally may exercise the same powers and authorities as on the trial of any suit, cause, or matter within its ordinary jurisdiction.

86. The Court may also, during or before the said pro- ceedings, grant warrants for the entering and searching of any ship or tenement within the jurisdiction, and the seizure of any papers or documents which may be found therein respectively, or may summon any person to appear before the Court, and to produce any papers and documents and may examine such persons on oath touching the subject matter of the inquiry.

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