677902-1882-Emigration-Laws- — Page 12

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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882.

Certificate of Emi- gration Officer. [Ibid, sec. 7.]

Barricades and

Ibid, sec. 8.]

4. No such ship shall clear out or proceed to sea until the master thereof shall have received from the Emigration Officer a certificate in the form contained in schedule H to this Ordinance, and every such certificate shall be liable to a stamp duty of twenty- five dollars.

5. All barricades and gratings apparently intended to be used, or which are capable gmatings prohibited. of being used for the purpose of confining Chinese emigrants below decks, or within any particular part of a ship shall be deemed to be prohibited fittings within the mean- ing of this section.

Other prohibited fittings.

[Ibid, sec. 9.]

Scizure and

forfeiture thereof.

[Ibid, sec. 10.]

Unlawful pos- session, &c. of

prohibited fittings.

[Ibid, sec. 11.]

Taking prohibited

fittings on board, or refusal to remove

the same.

[Ibid, scc. 12.]

Ship leaving with- out certificate or with prohibited fittings.

[Ibid, sec. 13.]

Fraudulent use of a certificate. [Ibid, sec. 14.]

Trial of offences. [Ibid, sec. 15.]}

Punishment of offences. [Ibid, sec. 16.]

6. It shall be lawful for the Governor, from time to time, by Proclamation to be inserted in the Gazette to prohibit the use or carriage in any ship of any other descrip- tion of fittings therein specified, and every prohibition shall have the same force or effect as if it were expressly enacted in this section.

7. All prohibited fittings wherever found within the Colony shall be seized and shall be forfeited to the crown in manner hereinafter mentioned.

8. Whoever shall, without lawful excuse (the proof of which shall lie on the ac- cused), manufacture, purchase, sell, or have in his possession any prohibited fittings, shall be guilty of an offence against this section, and shall be liable to the punishment hereinafter prescribed.

9. The owner, agent, or master of any ship intended for the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony who shall knowingly permit any prohibited fittings to be taken on board such ship, or to remain therein after the same have been taken on board. or who shall refuse to remove forthwith

any fittings which the Emigration Officer shall have ordered to be removed, shall be guilty of an offence against this Ordinance, and shall be liable to the punishment hereinafter pre- scribed, and all such last mentioned fittings shall, in case of such refusal as aforesaid, be seized and forfeited to the crown as in the case of prohibited fittings.

10. If any such ship shall leave or attempt to leave the waters of the Colony with- out the certificate required by paragraph 4, or shall leave or attempt to leave the waters of the Colony, having on board any prohibited fittings, or any fittings which the Emi- gration Officer shall have ordered to be removed, or any other fittings of a similar kind and description, in every such case the master of such ship, and the owner or agent if proved to have sanctioned such leaving or attempting to leave as aforesaid, shall be deemed guilty of an offence against this section, and shall be liable to the punishment hereinafter prescribed, and all such fittings shall be seized and forfeited to the crown, whether the same be prohibited fittings or not.

11. If any person shall make or attempt to make any fraudulent use of a certificate granted under this section, or shall forge, counterfeit, alter, or erase the whole or any part thereof, or shall use or attempt to use any spurious or fraudulent certificate, the person so offending, and every person aiding and abetting in such offence, shall be liable to the punishment hereinafter prescribed.

12. All cases of violation or disobedience of, or default in compliance with the provisions of this section, may be heard and determined summarily by two Magistrates sitting together, who shall constitute a Court for this purpose: Provided that if at the close of the investigation, the accused shall apply for a trial by jury, or the Magistrates shall be of opinion that the case ought to be so tried, they may commit the accused for trial at the Supreme Court.

13. On conviction of such offences, the respective offenders shall be liable to the following punishments :---

(a.) For every offence against paragraphs 1, 2, 3, 8 and 9 of this section, a fine not exceeding five hundred dollars, and imprisonment with or with- out hard labour for any term not exceeding six months, or either of such punishments, at the discretion of the Court.

(b.) For every offence against paragraphs 10 and 11 of this section, a fine not exceeding one thousand dollars, and imprisonment with or without hard labour for any term not exceeding one year, or either of such punish- ments, at the discretion of the Court.

Provided always that where a fine shall be imposed for any offence against paragraphs 10 and 11, the Court may sentence the offender, in default of payment of such fine, to imprisonment with or without hard labour for any term not exceeding one year in lieu of such fine, and such imprisonment shall commence from the expiration of any term of imprisonment to which the offender may have been sentenced in addition to the fine.