696121-1874-The-Chinese-Emigration-Consolidation-Ordinance-1874- — Page 11

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THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1874.

Evidence of

15. 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 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.

Offender and against the Ship.

Burden of Proof.

16. 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 V of this Ordinance, 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.

Release of Ship

17. 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- [Ord. 5 of

blished to the Satisfaction of the Court that the Offence charged 1873, Sec. 19, has not been committed in respect of such Ship against the Pro- 1873, Sec. 1.] visions of this Section rendering such Ship liable to Forfeiture, the Ship shall be released and restored to the Owners thereof or their Agents.

and Ord. 10 of

Condemnation of Ship. [Ord. 5 of

18. If on the Hearing of the Proceedings, it shall be es- tablished to the Satisfaction of the Court that the Offence charged has been committed in respect of such Ship rendering 1873, Sec. 20, the same liable to Forfeiture under this Section, the Court shall

declare such Ship to be forfeited to the Crown.

& Ord. 10 of

1873, Sec. 2.] Penalty in lieu of Forfeiture. [Ord. 5 of 1873, Sec. 21.]

Costs.

19. It shall be lawful for the Court to impose such a pecuniary Penalty as to the Court shall seem fit, in lieu of condemning the Ship, and in such Case to cause the Ship to be detained until the Penalty is paid, and to cause any Penalty so imposed to be applied in the same Manner in which the Proceeds of the said Ship, if condemned by Order of the Court and sold, would have been applicable.

20. The Costs of all Proceedings for the Forfeiture or Release [Ibid, Sec.22.] of a Ship, shall be in the Discretion of the Court.

Indemnity.

21. If the Court be of Opinion that there was not reasonable [Ibid,Sec.23.] and probable Cause for the Seizure or Detention, and if no such Cause appear in the Course of the Proceedings, the Court shall have Power to declare that the Owner is to be indemnified by the Payment of Costs and Damages in respect of the Seizure or Detention, the Amount thereof to be assessed by the Court, and any Amount so assessed shall be payable by the Treasury out of the General Revenues of the Colony.

Sale of forfeited 22. Every Ship forfeited to the Crown for Breach of the Pro- Ship. visions of this Section may be sold by public Auction or private [Ibid, Sec.24.] Contract, and may be transferred to the Purchaser by Bill of Sale under the Hand of the Governor, and the Seal of the Colony, and the net Proceeds of such Sale shall be paid into the Colonial Treasury for the Use of the Crown.

Release of Ship

23. 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.

Indemnity to

24. Subject to the Provisions of this Section providing for the Officers. Award of Damages in certain Cases in respect of the Seizure or [Ibid, Sec.25.] Detention of a Ship by the Court, no Damages shall be payable, and no Public Officer, or other Person acting under his Order or at his Request, shall be responsible, either civilly or criminally, in respect of the Seizure or Detention of any Ships in pursuance of this Section.

General.

Prosecution to 25. No Proceedings, other than the Issue of a Warrant for the be by Attorney Seizure of a Ship, or for the Apprehension of an Offender, shall be instituted for any Offence against the Provisions of this [Ibid,Sec.26.] Section, except at the Suit or Prosecution of, or with the Consent

of the Attorney General.