662911-1888-Chinese-Emigration-Consolidation-Bill — Page 12

THE HONGKONG GOVERNMENT GAZETTE, 24TH NOVEMBER, 1888.

75 and 76 sections [74 and 75], and in case there shall be no owner

75

35

76

75

81

75

81

85,

86.

87.

88.

89.

90.

91.

92.

93.

94.

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.

[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 reloased 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,

Proceedings thereon, (Ibid. subs. 14.)

Pleading

[Ibid.]

Issues.

Warrant to scarch.

(Ibid.)

Evidence of convictions.

Ibid. subs. 15.]

Regulations

as to proceed- ings against the offender aud against the ship.

Burden of proof. [Ibid. subs, 16.]

Release of ship by the Court. {bud. subs. 17.]

Condemnation. of ship. [Ibid. Bula. 18.]

Penalty in lieu of forfeiture. fibid. subs. 19.

Costs. [Ibut subs. 201

Indemnity, [25&2, Hubs, 24.1

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