677902-1882-Emigration-Laws- — Page 15

THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882.

97

ships.

11. Any officer so authorized to seize, search and detain any ship under this sec- Powers of officers tion

may, for the purpose of enforcing such seizure, search and detention, call to his aid authorized to seize any constable or officers of Police, and may apply for assistance to any officer of Her [bid, sec. 12.] Majesty's Army or Navy, or Marines, or to the Harbour Master, or any officer having authority by law to make seizures of ships, and may put any persons on board such ship to take charge of the same, and to enforce the provisions of this section, and any officer so authorized as aforesaid, may use force, if necessary, for the purpose of enforcing such seizure, search and detention, and if any person is killed, maimed, or hurt by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, or at his request, such officer so seizing, searching and detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt.

12. The owner of the ship seized and detained under this section, or his agent, may Petition to Court. apply by petition to the Supreme Court for its release.

[Ibid, sec. 14.]

13. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the Citation of owners. owners or their agents in the Colony by a notice which may be in the form contained bid, sec. 15.] in schedule K to this Ordinance, to appear before the Supreme Court to show cause why the said ship should not be condemned and forfeited to the crown for breach of the pro- visions of this section, and in case there shall be no owner 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.

thereon. [Ibid, sec. 16.]

14. On the day appointed for the hearing of any petition for the release of the ship, Proceedings 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.

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.

The Court may frame issues of law and of fact, and generally may exercise the same powers and authorities as on the trial of any other suit, cause, or matter, within its ordinary jurisdiction.

The Court may also, during or before the said proceedings, 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 interrogate such persons on oath touching the subject matter of the inquiry.

15. Whenever any person shall have been convicted before the Supreme Court of Evidence of an offence against this section, the evidence taken upon the trial of such offender shall convictions. be received in evidence in any proceedings instituted for the forfeiture or release of the Regulations as to

[Thid, sec. 17.] ship in respect of which such offence shall have been committed; but it shall not be proceedings against necessary to take proceedings against an offender because proceedings are instituted for against the ship. the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.

the offender and

16. The fact of a ship being apparently fitted and equipped, or in course of being Burden of proof, fitted and equipped within the waters of the Colony for the conveyance of Chinese emi- [Ibid, see, 18.] grants shall, if the owner, agent or master shall not have obtained a licence from the Governor under this section, or under section V. of this Ordinance, be primâ facie evi- dence that such ship is intended for the conveyance of Chinese emigrants to be embarked at some port or place out of the Colony.

of 1873, sec. 19, and

17. If on the hearing of the said proceedings for the forfeiture or release of a ship Release of ship by seized under this section, it shall be established to the satisfaction of the Court that the the Court. [Ord. 5 offence charged has not been committed in respect of such ship against the provisions Ord. 10 of 1873, of this section rendering such ship liable to forfeiture, the ship shall be released and see. 1.] restored to the owners thereof or their agents.

ship. [Ord. 5 of

18. If on the hearing of the proceedings, it shall be established to the satisfaction Condemnation of of the Court that the offence charged has been committed in respect of such ship ren- 1873, scc. 20, & Ord. dering the same liable to forfeiture under this section, the Court shall declare such ship 10 of 1873, sec. 2.] to be forfeited to the crown.