THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1882.
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arriving otherwise
5. Every Chinese arriving in this Colony after the passing of this Act otherwise The like sum to be than by a vessel shall pay or there shall be paid for him to some officer whom and at paid for Chinese such places as the Govenor with the advice aforesaid may appoint at on or near the than by sea. borders of the Colony or othewise conveniently situated for that purpose the sum of ten pounds.
paid fee for
6. If any Chinese shall enter or attempt to enter this Colony who shall not have Penalty on not paid or had paid for him the said sum of ten pounds he shall be liable to a penalty of paringer entrance ten pounds and to the payment in addition thereto of the said sum of ten pounds required to the Colony, to be paid by section four hereof and on default of payment either of such penalty or sum shall be liable to imprisonment for twelve months unless such penalty and sum be sooner paid and may be apprehended and taken before any Justice of the Peace to be dealt with in due course of law.
ments under Act.
person
7. All penalties and all moneys ordered to be paid or being the proceeds of any Appropriation of sale made under the authority of this Act shall be paid into the Consolidated Revenue. penalties and pay. 8. For the purposes of all proceedings, under this Act the Justices may decide Evidence of upon their own view and judgment whether any person produced before them is a Chinese within the meaning of this Act.
being a Chinese.
tion may be granted in certain cases.
9. It shall be lawful for the Colonial Treasurer or any person authorized by him Certificate of exemp. upon the application of any Chinese and upon being satisfied that such Chinese was at the passing of this Act a bonâ fide resident of this Colony and that he desires to be absent therefrom for a temporary purpose only to grant to such Chinese a certificate that he is exempt from the provisions of this Act for a time to be specified in such certificate.
Chinese who are British subjects.
10. Notwithstanding any thing in this Act contained any Chinese arriving in the Exemption of Colony who produces evidence to the Collector of Customs or other duly authorized officer that he is a British subject shall be wholly exempt from the operation of this Act and a certificate of the Governor of any British Colony or of a British Consul shall be sufficient evidence of the claim of such Chinese to exemption under this section.
officials &c.
11. The provisions of this Act shall not be applicable to any Chinese duly accredited Exemption of certain to this Colony by the Government of China or by or under the authority of the Imperial' Government on any special mission.
12. The penalties and restrictions imposed by this Act shall not nor shall any of Exemption of crews. them be held to be applicable in respect of any Chinese being one of the crew of any vessel arriving in any port in New South Wales and who shall not be discharged therefrom or land except in the performance of his duties in connection with such vessel.
recovered.
13. All penalties and sums of money recoverable under this Act shall be recovered Penalties how in a summary way at the suit of some officer of Customs authorized by the Colonial Treasurer before any two or more Justices of the Peace in accordance with the provisions of the Acts regulating proceedings on summary conviction And it shall be lawful for the Colonial Treasurer by writing under his hand to authorize any officer to detain any vessel the master whereof shall in the opinion of the said Treasurer have committed an offence or be a defaulter under this Act Such detention may be either at the port or place order where such vessel is found or at any port or place to which the said Tresurer may such vessel to be brought For the purposes of such detention the officer so authorized shall be entitled to obtain in the customary manner such writ of assistance or other aid and assistance in and about the detention of or other lawful dealing with such vessel as are by law provided under the Act or Acts regulating the Customs with reference to seizure of vessels or goods But such detention shall be for safe custody only and shall cease and be discontinued if a bond with two sufficient sureties be given by such master for the payment of the amount of such penalty and other sums as may be adjudged to be paid under the provisions of this Act Provided that if default be made in payment of any such penalty incurred by such master in terms of any conviction adjudging the payment thereof it shall be lawful for such officer to seize such vessel and for him and any other officer or person duly authorized or empowered in that behalf to take all such proceedings for the purpose of procuring the condemnation and sale of such vessel as are provided by law in case of condemnation or forfeiture of a vessel for a breach of the Customs Laws of the said Colony Provided that the proceeds of sale of any such vessel shall be paid into the Consolidated Revenue and after payment of the amount of such penalty and of all costs incurred in and about such sale and the proceedings leading thereto the balance shall be placed by the Colonial Treasurer to a trust account and be held in trust for the owners of or other persons lawfully entitled to the vessel so condemned and sold.
transhippingChinese
14. Any vessel on board which Chinese shall be transhipped from another vessel Provision against and be brought to any port or place in this Colony shall be deemed to be a vessel evading Act by bringing Chinese into the said Colony from parts beyond the said Colony and shall be into other vessels. subject to the provisions of this Act.
15. This Act may be cited as the "Influx of Chinese Restriction Act of 1881."
Short title.
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