683332-1880-Ordinance-No-8-of-1879-Publishes- — Page 32

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THE HONGKONG GOVERNMENT GAZETTE, 14TH JANUARY, 1880.

Enforcing detention of ship.

(M. S. A. 1876, Bec. 34.j

General power to the Gover ner in Council to make regulations.

Ant to imposE pen-lties.

Frovisions RB to rules, &c. made by

Goveruer in Council.

(M. S. A. 1676, sec. 38.1

Recovery of penalties and expenses.

Forgery.

Fees payable under this Ordinance

and under

[M. S. A. 1854.)

5. Any person who obstructs the service of any order, notice, statement, or document on the master of a ship shall incur a penalty not exceeding fifty dollars and if the owner, agent, or master of the ship is a party or privy to such obstruction he shall be guilty of a misdemeanor.

6. Where under this Ordinance a ship is authorised or ordered to be detained, if the ship after such detention or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner or agent and any person who sends the ship to sea, if such owner or agent or person be party or privy to the offence, shall forfeit and pay to Her Majesty a penalty not exceed- ing five hundred dollars.

7. Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any Surveyor or officer appointed by the Governor, the owner and master of the ship shall each be able to pay all expenses of and in- cidental to the officer or Surveyor being so taken to sea and` also a penalty not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceed- ing fifty dollars for every day until the officer or Surveyor returns, or until such time as would cuable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty.

8. In addition to the powers hereinbefore given, it shall be lawful for the Governor in Council, from time to time, to make, alter and repeal regulations for the better and more effectual carrying out of the provisions of this Ordi-

nance.

9. In any regulations under this Ordinance, except with reference to quarantine, it shall be lawful for the Governor in Council to impose penalties for the breach thereof, but so nevertheless that the penalty for the breach of any such regulations do not exceed two hundred dollars or six months' imprisonment with or without hard labour,

10. Where the Governor has power to make any orders, rules, or regulations in Council it shall be lawful for hum, from time to time, to make such orders, rules and regulations in Council and to revoke, alter, or add to any orders, rules or regulations so made.

11. All such orders, rules and regulations shall be pu- blished in the Gazette.

12. Upon the publication of any such orders, rules or regulations in the Gazette they shall, after the date of such publication, or any later date mentioned in such orders, rules, or regulations, take effect as if they were enacted by the Legislature of this Colony.

13. There may be paid out of the Colonial Revenue to any officer or person appointed under this Ordinance or to any member of a Marine Board, Examination Board or Court of Survey or to any Assessor, such remuneration (if any) as this Ordinence directs, or, in so far as this Ordinance does not extend, as the Governor from time to time directs.

14. There may be paid out of Colonial Revenue all costs and compensation payable by the Governor in pursuance of this Ordinance.

15. All offences against this Ordinance, or any regula- tious made thereunder, except when otherwise provided, may be heard and determined by any Stipendiary Magistrate and all penalties imposed by and expenses recoverable under this Ordinance, or any regulation made thereunder, except when otherwise provided, may be recovered in a summary way before any Stipendiary Magistrate.

16. Whosoever, with intent to defraud, shall forge, or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any certificate, ticket, document, matter, or thing named in this Ordinance, or any regulation made thereunder, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Supreme Court, to be kept in peual servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not excccding two years, with or without hard labour.

Fees.

XLIII. The fees specified in tables marked B, C, D and F of the schedule hereto are hereby declared to be payable to the collector appointed by the Governor as the lawful fees for the discharge of the respective duties therein specified,