662911-1888-Chinese-Emigration-Consolidation-Bill — Page 10

THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.

to imprisonment with or without hard labour for any term not exceeding one year in lieu of such fine, and such im- prisonment shall commence from the expiration of any term of imprisonment to which the offender may have been sen- tenced in addition to the fine.

71. [70.] The Supreme Court and the said Court of Magistrates shall have full power and authority to hear and determine all cases of seizure of fittings, and upon proof of the legality of the seizure, to declare the said fittings to be forfeited to the Crown, and no fittings seized under this Ordinance, shall be deemed to be forfeited to the Crown, except under the sentence of one or the other of the said Courts.

72.

73.

74.

[71.] Nothing in this Ordinance contained shall be deemed to affect any powers lawfully vested in a Superintendent or Inspector of Police.

[72.] Any suit or prosecution against any person for anything done in pursuance or execution or intended execu- tion of this part of the Ordinance shall be commenced within three months after the thing done and not otherwise. Notice in writing of every such suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement thereof.

In any such suit the defendant may answer that the act complained of was done in pursuance, or execution, or intended execution of this part of the Ordinance, and give this section and the special matter in evidence at any trial to be had thereupon.

The plaintiff shall not recover if tender of sufficient amends is made before suit brought, or if after suit brought a sufficient sum of money is paid into Court by or on behalf of the defendant.

If judgment is given for the defendant, or the plaintiff becomes nonsuit, or discontinues the suit after an answer has been put in, the defendant shall recover his costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.

If judgment is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial is had, certifies his approbation of the suit.

[73.] No proceeding shall be instituted for any offence against the provisions of this part of the Ordinance, or for any forfeiture thereunder, except at the suit or prosecution of, or with the consent of the Attorney General.

75.

[74.] It shall be lawful for the Governor in his discretion to grant licences in manner hereinafter provided and to such persons as he thinks fit, to do any of the acts following, that is to say:—

(a.) To build, alter or repair, or agree to build, alter or repair, or cause to be built, altered or repaired, any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony; or

(b.) To fil out, man, equip, let or take on freight or hire any ship, with intent or knowledge, or having reasonable cause to believe that the same will be cmployed in manner aforesaid; or

(c.). To despatch or cause to be despatched any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or (d.) To make any advances of money to any ship, or to become security for such advances, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

(e.) To despatch or cause or allow to be despatebod. or command any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe that such passengers are being carried or intended to be carried to any port or place out of the Colony for the purpose of being conveyed therefrom as emigrants in the same or any other ship; or

(f) Being the master of a ship in respect of which a licence ought to have been obtained under any of the provisions of sub-sections (a) and (b) of this section to clear out and proceed to sea in such ship,- Provided always that if any person does any of the above mentioned acts within the Colony without having obtained such license or without such licence having been granted to the owner, agent, or waster of the ship in respect of which such act shall be done, or in contravention of the

i'roceedings for forfeiture of fittings. [Thid. subs. 14]

Powers of Police. [Ibid. subs. 15.]

Limitation of uctions, &c.

Ibid. subs. 16.)

Prosecution to

be by Attorney General. [Ibid. subs. 17.]

Building, repairing, equipping, despatching. selling, hiring, &c.,

&c, without licence.

17bid. subs. 8.]

Penalty.

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