THE HONGKONG GOVERNMENT GAZETTE, IST JULY, 1882.
on arrival,
595
6. If any master shall neglect to pay any such sum, or shall land or permit to land Penalty on not any Chinese at any place in the Colony before such sum shall have been paid for or by paying for Chinese such Chinese, with the intent, in any of the above cases, to evade the payment thereof, such master in addition to such sum shall be liable, for every such offence, to a penalty not exceeding twenty pounds for each Chinese so landed or permitted to land.
And in every such case, in addition to any such penalty, the vessel shall be for- Vessel forfeited. feited, and may be seized, condemned, and disposed of in like manner as ships forfeited for a breach of any law relating to the Customs of this colony.
Chinese, and to be
7. On payment of such sum in respect of any Chinese, the Collector or other Certificate of sum officer as aforesaid shall, without demand, forthwith supply each Chinese in respect of paid to be given to whom any
such payment is made with a certificate, in writing under his hand, of the evidence. payment of such sum.
Such certificate shall be in a form to be prescribed by the regulations hereinafter mentioned, and, whensoever or wheresoever produced by such Chinese, shall be con- clusive evidence on behalf of himself, and of any other person who may have paid such sum for him, that such sum has been duly paid.
8. All sums so paid by or on behalf of any Chinese shall be paid into the Public Moneys to be paid Account and form part of the Consolidated Fund.
into the Public Account.
entrance to the
9. If any Chinese shall enter or attempt to enter the colony without paying or Penalty on not having paid for him the sum of ten pounds aforesaid, he shall, besides such sum, be having paid fee for liable to a penalty not exceeding ten pounds, and may be apprehended and taken before colony. any Justice of the Peace, who may take sufficient bail for his appearance at any sitting of a Resident Magistrate's Court at or nearest to the place where such Chinese may be, or remand him to such other Court as to such Justice shall seem fit, until such Chinese shall produce a certificate of payment as aforesaid.
10. It shall be lawful for the Governor to remit the whole or any part of any Governor may remit penalty, forfeiture, or sum of whatever description due or payable under this Act.
penalties, &c.
11. Upon the conviction of any Chinese under this Act whereby he may be Justices may fix time
for payment of awarded to pay a sum of money, it shall be lawful for the Justices, if they shall see fit,
penalties. to order that such sum, or any part thereof, shall be payable at some future day, not being longer than two months from the date of such order, provided security by way of recognizance to Her Majesty to the satisfaction of such Justices be given for the payment of the amount mentioned in, and at the time fixed by, any such order.
in a summary
12. All penalties and sums payable under this Act may be recovered in a summary Penalties recovered manner before two Justices of the Peace, upon the prosecution of some officer of Customs, or other person authorized for that purpose by the Governor.
At any hearing the Justices may decide upon their own view and judgment whether any person charged before them is a Chinese within the meaning of this Act.
manner.
13. Every Chinese within the Colony of New Zealand, at the date when this Certificate of Act comes into operation, may, within two months thereafter, apply to the Resident exemption from Magistrate's Court nearest to his place of abode for a certificate of exemption from payments under this Act.
Any Resident Magistrate exercising jurisdiction at such Court shall deliver to any Chinese so applying a certificate, which shall bear on the face of it the name of such Chinese, and the signature of the Magistrate granting such certificate, and such other matters which may be prescribed in the regulations; and the holder of such certificate shall be exempted from payments under this Act.
For the purposes of this section the term "Resident Magistrate" shall include a Warden having jurisdiction within any gold field proclaimed under any Act for the time being in force relating to gold fields.
payment.
granted in cases of
from the colony.
temporary absence
14. The Colonial Treasurer, or any person authorized by him, may, upon the Certificate of application of any Chinese, and upon being satisfied that such Chinese was, at the time exemption may be of the coming into operation of this Act, a bonâ fide resident of the colony, and that he desires to be absent therefrom for a temporary purpose only, 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.
And, during the time so specified, the holder of such certificate shall be exempt from all payments under this Act.
15. The Governor in Council may, from time to time, make such regulations as Governor may make he shall deem necessary for giving effect to this Act, and all such regulations shall be regulations.
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