687505-1879-Merchant-Shipping-Consolidation-Bill-Published- — Page 31

804

THE HONGKONG GOVERNMENT GAZETTE, 3RD DECEMBER, 1879.

General power to the Gover nor in Council to make regulations.

And to impose penalties.

Provisions as

to rules, &e. made by

Governor in Council.

(M. S. A. 1876, para. 38.1

Recovery of penalties and expenses.

Forgery

Fees payable under this Ordinance and under M. S. A. 1854

Fees to be

paid into the Colonial Treasury.

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 liable 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 enable 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 him, 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 Ordinance 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- tions 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 suminary 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 penal servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

Fees.

XLIII. The fees specified in tables marked B, C and D 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, and the same and all other fees payable under this Ordi- nance, or any regulation made thereunder, may be reco- vered in a summary manner before any Stipendiary Magis-

trate.

2. All such fees and all costs and expenses recovered under this Ordinance, after making necessary deductions, shall be paid into the Colonial Treasury to the use of Her Majesty.