THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1874.
(f) Being the Master of a Chinese Emigrant Ship clears
out and proceeds to Sea in such Ship,--
Such Person shall be deemed to have committed an Offence against Penalty. this Section, and the following Consequences shall ensue:--
(a.) The Offender shall be liable to Imprisonment with or without Hard Labor for any Term not exceeding Two Years, and to a Fine not exceeding Two thousand Dollars, or to either of such Punishments, at the Dis- cretion of the Court;
(b) The Ship in respect of which any such Offence is com- mitted and her Equipment shall, if within the Waters of this Colony, be forfeited to the Crown.
9. Any Person who aids, abets, counsels, or procures the Com- Punishment of mission of any Offence against this Section, shall be liable to be Accessories.
[Ibid, Sec. 10.] tried and punished as a Principal Offender.
Detention of
10. The Governor upon being satisfied that there are reason- Seizure, able Grounds for suspecting that a Ship within the Waters of the Search, and Colony has been, or is being built, altered, repaired, or equipped, suspected or is about to be despatched and taken out to Sea contrary to ships. the Provisions of this Section, or that any other Offence against [Ibid,Sec.11.] the said Provisions has been committed, rendering the said Ship liable to Forfeiture, may issue a Warrant in the Form contained in Schedule I to this Ordinance; and upon such Warrant, the said Ship may be seized and searched and detained until it has been either condemned or released by Process of Law, or in the Manner hereinafter mentioned,
thorized to
11. Any Officer so authorized to seize, search and detain any Powers of Ship under this Section may, for the Purpose of enforcing such Officers au- Seizure, Search and Detention, call to his Aid any Constable or seize Ships. Officers of Police, and may apply for Assistance to any Officers [Ibid,Sec.12.] of Her Majesty's Army or Navy, or Marines, or to the Harbor Master, or any Officer having Authority by Law to make Seizures of Ships, and may put any Persons on board such Ship to take Charge of the same, and to enforce the Provisions of this Section, 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,
12. The Owner of the Ship seized and detained under this Petition to
Court.
Section, or his Agent, may apply by Petition to the Supreme [Ibid,Sec.14.]
Court for its Release.
Owners.
[Ibid, Sec.15.]
13. The Crown Solicitor shall, upon the Seizure of any Ship Citation of as aforesaid, cite the Owners or their Agents in the Colony by a Notice which may be in the Form contained in Schedule K 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 Service of the Citation.
thereon.
14. On the Day appointed for the Hearing of any Petition for Proceedings the Release of the Ship, or for the Appearance of the Owners or [Ibid, Sec.16.] 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, 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.
in
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 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.
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