THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1889.
87. Whenever any person shall have been convicted before the Supreme Court of an offence against sections 74 and 75, the evidence taken upon the trial of such offender shall be received in evidence in any proceedings instituted for the forfeiture or release of the ship in respect of which such offence shall have been committed; but it shall not be necessary to take proceedings against an offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
88. The fact of a ship being apparently fitted and equipped, or in course of being fitted and equipped within the waters of the Colony for the conveyance of Chinese emigrants shall, if the owner, agent or master shall not have obtained a licence from the Governor as required by section 74, or under section 6 of this Ordinance, be primâ facie evidence that such ship is intended for the conveyance of Chinese emigrants to be embarked at some port or place out of the Colony,
89. If on the hearing of the said proceedings for the forfeiture or release of a ship seized under section 80, it shall be established to the satisfaction of the Court that the offence charged has not been committed in respect of such ship against the provisions of section 74 rendering such ship liable to forfeiture, the ship shall be released and restored to the owners thereof or their agents.
90. If on the hearing of the proceedings, it shall be established to the satisfaction of the Court that the offence charged has been committed in respect of such ship rendering the same liable to forfeiture under section 80, the Court shall declare such ship to be forfeited to the Crown.
91. It shall be lawful for the Court to impose such a pecuniary penalty as to the Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship to be detained until the penalty is paid, and to cause any penalty so imposed to be applied in the same manner in which the proceeds of the said ship, if condemned by order of the Court and sold, would have been applicable.
92. The costs of all proceedings for the forfeiture or release of a ship, shall be in the discretion of the Court.
93. If the Court be of opinion that there was not reasonable and probable cause for the seizure or detention, and if no such cause appear in the course of the proceedings, the Court shall have power to declare that the owner is to be indemnified by the payment of costs and damages in respect of the seizure or detention, the amount thereof to be assessed by the Court, and any amount so assessed shall be payable out of the general revenues of the Colony.
94. Every ship forfeited to the Crown for breach of the provisions of section 74 may be sold by public auction or private contract, and may be transferred to the purchaser by bill of sale under the hand of the Governor, and the seal of the Colony, and the net proceeds of such sale shall be paid into the Colonial Treasury for the use of the Crown.
95. The Governor may, at any time, release any ship seized and detained under section 80, notwithstanding her forfeiture by the sentence of the Supreme Court, on the owner or agent giving security to the satisfaction of the Governor that the ship shall not be employed contrary to section 74, or may release the ship without such security if the Governor think fit so to release the same.
96. Subject to the provisions of section 93 providing for the award of damages in certain cases in respect of the seizure or detention of a ship by the Court, no damages shall be payable, and no public officer, or other person acting under his order or at his request, shall be responsible, either civilly or criminally, in respect of the seizure or detention of any ships in pursuance of section 80.
97. No proceedings, other than the issue of a warrant for the seizure of a ship, or for the apprehension of an offender, shall be instituted for any offence against the provisions of sections 74 and 75, except at the suit or prosecution of, or with the consent of the Attorney General.
PART III.
MISCELLANEOUS.
98. The forms given in the schedules hereto, or forms to the like efect with such variations and additions as circum- stances require, may be used for the purposes therein indicated and according to the directions therein contained, and instruments in those forms, shall (as regards the form thereof) he valid and sufficient.
:
Evidence of convictions. [Ibid. subs. 15.]
Regulations as to proceed- ings against the offender and against the ship.
Burden of proof. [Ibid. suba. 16.]
Release of ship by the Court. [Ibid. subs.1 7.]
Condemnation of ship. [Ibid. subs. 19.)
Penalty in leu of forfeiture. [Ibich subs, 19.]
Costs. [Ibid. subs. 20.]
Indemnity. [Ibid. subs. 21.}
Sale of forfeited ship. [Ibid. subs. 22.]
Release of ship by Governor. [Ibid, subs. 23.]
Indemnity to officers. [Ibid. subs. 24.]
Prosecution
to be by Attorney General [Ibid. subs. 25.]
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