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THE HONGKONG GOVERNMENT GAZETTE, 12TH SEPTEMBER, 1874.
Penalty in lieu
[Ord. 5 of 1873, sec. 21.]
19. It shall be lawful for the Court to impose such a pecuniary of forfeiture. 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 con- demned by order of the Court and sold, would have been applicable. 20. The costs of all proceedings for the forfeiture or release of [Ibid, sec. 22.] a ship, shall be in the discretion of the Court.
Costs.
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 ship.
[Ibid, sec. 24.]
Release of ship by Governor. [Ibid, sec. 13.]
Indemnity to officers.
22. Every ship forfeited to the crown for breach of the
pro- visions of this section may be sold by public auction or private 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.
23. The Governor may, at any time, release any ship seized and detained under this section, notwithstanding her forfeiture 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.
24. Subject to the provisions of this section providing for the 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.
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 section, except at the suit or prosecution of, or with the consent of the Attorney General.
General, [Ibid, sec. 26.]
Repealing clause.
PART III. MISCELLANEOUS. Repealing Clause.
XVI. The following Ordinances and sections of Ordinances
are hereby repealed :-
Ordinance 9 of 1856,
.Section III.
11 of 1857,
,,
6 of 1859,
43
>>
1 of 1862,
12 of 1868,
The whole. Section XXVII.
4 of 1870,
8 of 1871,
,,
13 of 1872,
">
The whole.
3 of 1873,
""
5 of 1873,
""
10 of 1873,
"2
3 of 1874,
22
Forms.
But this repeal shall not revive any enactment repealed by any of the said Ordinances or sections, and shall not affect :---
(a.) Anything duly done before this Ordinance comes into
operation;
(b.) Any right acquired or liability accrued before this
Ordinance comes into operation;
́(c.) Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this Ordinance comes into operation;
(d.) The institution of any legal proceeding, or any other remedy for ascertaining, enforcing or recovering any such liability, penalty, forfeiture or punishment as aforesaid.
Forms.
XVII. The forms given in the schedules hereto, or forms t the like effect with such variations and additions as circumstances require, may be used for the purposes therein indicated and according to the directions therein contained, and instruments in those forms, shall (as regards the form thereof) be valid and sufficient.
Passed the Legislative Council of Hongkong, this 7th Day of September, 1874.
L.
ALMADA e Castro,
Clerk of Councils.
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