687442-1879-Votes-and-Proceedings-Legislative-Council-19th-Nov- — Page 29

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THE HONGKONG GOVERNMENT GAZETTE, 26TH NOVEMBER, 1879.

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without hard labour for any period not exceeding six months, and it shall be lawful for the Governor, if he shall think fit, by warrant under his hand to order that any junk whereof the master has refused or failed to comply with the provi- sions of the said paragraph, and whether such master shall have been brought to trial and punished or not, shall quit the waters of the Colony within twelve hours from the service of such order on board of such junk, under penalty of forfeiture of such junk to the Crown.

14. Every master of a junk violating the provisions of paragraphs 8 and 9 shall incur a penalty not exceeding one hundred dollars, or imprisonment with or without hard labour for any period not exceeding twelve calendar months, and such junk and her cargo shall be forfeited to the Crown.

15. No licence, anchorage pass, clearance or special permit shall be used in respect of any junk other than the junk therein specified, or for any purpose other than the one therein mentioned, and every master of a junk who shall knowingly use or attempt to use any licence, anchorage pass, clearance or special permit which shall not have been law- fully obtained, shall be inprisoned with hard labour for any term not exceeding twelve calendar months, and every junk in respect of which a licence, auchorage pass, clearance, or special permit shall have been used or attempted to be used in violation of this paragraph may, together with the cargo thereof, and whether the master shall have been brought to trial or not, at the discretion of the Court, be forfeited to the Crown.

16. Every master of a junk, vessel, or boat, bringing into the Colony, or from one part of the Colony to another, any person who shall, in the opinion of the Court before which the offence shall be tried, have come to the Colony for the purpose of mendicancy, or any person suffering from leprosy or any contagious disease, shall be liable to pay a penalty not exceeding ten dollars for every such person so brought by him as aforesaid.

17. It shall be lawful for any person deputed thereto by the Governor, or by the commander of any of Her Majesty's ships-of-war, or for any officer or Constable of the Police force, at any time to board any junk within the waters of the Colony and demand the production of either an anchorage pass, clearance, special permit, or licence, and in case by reason of the non-production of any one of such documents, or for any other reason, there shall be ground to believe or suspect that any provision of this chapter has been violated by the master of such junk, or in case the document pro- duced shall appear from the date thereof, or from any other cause, to have been unlawfully obtained, or to be unlawfully used, to arrest such junk and her cargo and the master of such junk, and deliver them into the custody of the Police. 18. No junk or cargo liable to forfeiture, under the pro- visions of this chapter, shall be so forfeited, unless the offence in respect of which such junk or cargo is liable to forfeiture, shall be tried by two Stipendiary Magistrates sitting together, who shall have power, in their discretion, to extend the period limited by law for an appeal from their decision to the 'Supreme Court, either before or after the expiration thereof.

19. Every junk of which the master shall be charged with having violated the provisions of this chapter, shall be forthwith arrested and detained unless (bail to the satisfaction of a Magistrate is given), until the said master shall either have been acquitted of the offence charged, or if found guilty, shall have paid the penalty inflicted upon him, and in case he shall fail to pay, within ten days, any penalty which may be inflicted upon him, the samt Day be recovered by the sale of such junk, and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of sucli penalty as aforesaid, shall be paid to the owner or owners of the junk, if claimed within twelve calendar months from the date of sale, and if not claimed within that period, shall be forfeited to the Crown: Provided that in case there shall be in the Colony any consignee or agent of such junk registered under paragraph 6, no sale thereof shall be made in pursuance of this paragraph until three days' previous notice thereof shall have been given in writing to such consignee or agent.

20. Every junk forfeited or sold under the provisions of this chapter shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Harbour Master, and such bill of sale shall confer upon such purchaser, his exe- cutors, administrators and assigns, an indefeasible title to such junk.

Penalty for infraction of provisions of paragraphs

8 and 9. [Ibid, sec. 19.]

Penalty for unlawfully nsing a licence, pass, clearance, or special permit. [bid, séc. 20.1

Penalty for bringing men- dicants into the Colony. [Ibid, sec. 21.]

Power to board any junk and demand inspection of documents. [Ibid, sec. 22.]

Trial of offences under this chapter. {Ibid, sec. 23.]

In case of non- payment of penalty by

nasier, the same may be levied by ale of junk. (Ibid, sec. 24.]

Transfer ic purchaser upon sale of junk.

Tbid, sec. 5.1

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