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THE HONGKONG GOVERNMENT GAZETTE, 11TH APRIL, 1874.
and any Officer so authorized as aforesaid, may use Force, if ne- cessary, 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.
Release of Ship 12. The Governor may, at any Time, release any Ship seized by Governor, and detained under this Section, notwithstanding her Forfeiture [Ibid,Sec.13.] by the Sentence of the Supreme Court, on the Owner or Agent giving Security to the Satisfaction of the Governor that the Ship shall not be employed contrary to this Section, or may release the Ship without such Security if the Governor think fit so to release the same.
Petition to Court. [Ibid, Sec.14.]
Citation of Owners.
13. The Owner of the Ship seized and detained under this Section, or his Agent, may apply by Petition to the Supreme Court for its Release.
14. The Crown Solicitor shall, upon the Seizure of any Ship as aforesaid, cite the Owners or their Agents in the Colony by a [Ibid,Sec.15.] Notice which may be in the Form contained in Schedule I 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 Provisions 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
Proceedings thereon.
[Ibid,Sec.16.]
Evidence of
Service of the Citation.
15. On the Day appointed for the Hearing of any Petition for the Release of the Ship, 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 Bench 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 pro- duce any Papers and Documents and may interrogate such Per- sons on Oath touching the Subject Matter of the Inquiry.
16. Whenever any Person shall have been convicted before Convictions. the Supreme Court of an Offence against this Section, the Evidence [Ibid,Sec.17.] taken upon the Trial of such Offender shall be received in Evid- Regulations as ence in any Proceedings instituted for the Forfeiture or Release to Proceedings of the Ship in respect of which such Offence shall have been against the Offender and committed; but it shall not be necessary to take Proceedings against an Offender because Proceedings are instituted for the Forfeiture, or to take Proceedings for the Forfeiture because Proceedings are taken against the Offender.
against the Ship.
Burden of Proof.
17. The Fact of a Ship being apparently fitted and equipped, or in course of being fitted and equipped within the Waters of [Ibid, Sec.18.] the Colony for the Conveyance of Chinese Emigrants shall, if the Owner, Agent, or Master shall not have obtained a License from the Governor under this Section, or under Section of this Or- dinance, be prima facie Evidence that such Ship is intended for the Conveyance of Chinese Emigrants to be embarked at some Port or Place out of the Colony.
and Ord. 10 of
Release of Ship 18. If on the Hearing of the said Proceedings for the Forfeiture by the Court. or Release of a Ship seized under this Section it shall be esta- [Ibid, Sec. 19, blished to the Satisfaction of the Court that the Offence charged 1873, Sec. 1.] has not been committed in respect of such Ship against the Pro- visions of this Section rendering such Ship liable to Forfeiture, the Ship shall be released and restored to the Owners thereof or their Agents.
Condemnation of Ship. [Ibid, Sec. 20,
& Ord. 10 of
1873, Sec. 2.]
19. If on the Hearing of the said Proceedings it shall be established to the Satisfaction of the Court that the Offence
charged has been committed in respect of such Ship rendering the same liable to Forfeiture under this Section, the Court shall declare such Ship to be forfeited to the Crown.
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