696640-1874-Bill-read-first-time-Chinese-Emigration-Consolidation- — Page 9

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THE HONGKONG GOVERNMENT GAZETTE, 5TH SEPTEMBER, 1874.

Punishment

culars.

plied for, shall furnish all particulars as to the destination of the ship, and as to all matters relating to the intended voyage and emigration which may be required of him.

6. All such particulars shall, if so ordered, be certified upon oath for furnishing before any justice of the peace, and every person who shall untrue parti- knowingly furnish untrue particulars shall be liable to imprison- [Ibid, sec. 7.] ment with or without hard labour, for any period not exceeding six calendar months, and to a fine not exceeding one hundred dollars, either in addition to or in substitution of such impri-

Power to revoke and cancel licence. [Ibid, sec. 8.]

sonment.

7. If it shall appear to the satisfaction of the Governor at any time before the departure of a Chinese emigrant ship :-

I

(a.) That the particulars furnished in relation thereto are

untrue; or

(3.) That further particulars have been discovered since the

granting of the licence; or

(e.) That any condition of the licence has been violated,- it shall be lawful for the Governor in Council to revoke or vary the licence granted under this section in respect of such Chinese Emi- grant ship and to order that the said ship be seized and detained until the said licence be delivered up to be cancelled, or varied. 8. If any person does any of the following acts within the Colony without having obtained a licence from the Governor despatching, under this section, or without any such licence as aforesaid selling, hiring, having been granted to the owner, agent, or master of the ship &c., &c., with- in respect of which such act shall be done, or in contravention out licence. of the terms of any such licence if granted, that is to say:-

Building, repairing, equipping,

[Ibid, sec. 9.]

Penalty.

accessories.

(a.) Builds, alters or repairs, or agrees to build, alter or repair, or causes to be built, altered or repaired, any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony; or

(b.) Fits out, mans, navigates, equips, uses, lets or takes on freight or hire any ship, or commands, or serves on board any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

(c.) Despatches, or causes or allows to be despatched any ship, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

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(d) Holds or takes any share or interest in, or makes any advances of money to any ship, or becomes security for such advances, with intent or knowledge, or having reasonable cause to believe that the same will be employed in manner aforesaid; or

(e.) Despatches or causes or allows to be despatched, or commands or serves on board any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe that such passengers are being carried or intended to be carried to any port or place out of the Colony for the purpose of being conveyed therefrom as emigrants in the same or any other ship; or

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(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 this section, and the following consequences shall ensue :-

(a.) The offender shall be liable to imprisonment with or without hard labour 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.

Punishment of 9. Any person who aids, abets, counsels, or procures the com- mission of any offence against this section, shall be liable to be [Ibid,sec.10.] tried and punished as a principal offender.

Seizure, search

of suspected

ships.

10. The Governor upon being satisfied that there are reason- and detention able grounds for suspecting that a ship within the waters of the Colony has been, or is being built, altered, repaired, or equipped, [Ibid, see. 11.] or is about to be despatched and taken out to sea contrary to the provisions of this section, or that any other offence against 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.