THE HONGKONG GOVERNMENT GAZETTE, 31ST OCTOBER, 1874.
Offences where triable.
Jurisdiction.
PART V.
PROCEDURE.
14. All offences under the Imperial Act, the Chinese Passen- ger Ships Act, 1855, triable in this Colony, and all offences under this Ordinance may be tried before a Court of Quarter Sessions or two Magistrates.
15. For the purpose of the adjudication of penalties under this Ordinance, any offence shall be deemed to have been committed within the jurisdiction of the Court at the place where the
offender is found.
Complaints to 16. The penalties to which Masters, Owners, or Agents of be by Harbour-ships are liable by this Ordinance, shall be enforced only by complaint made at the instance of the Harbour Master of the Port.
Master.
Penalties recoverable from ship in certain cases.
officers.
17. If the person directed to pay any penalty under this Or- dinance is the Owner of a ship, or the Agent of such Owner, and the penalty is not paid at the time and in the manner prescribed by the order of payment, the Magistrate may, in addition to the means prescribed by law for enforcing payment, direct, by War- rant, the amount, or the amount remaining unpaid, to be levied by distress and sale of the said ship, her tackle, furniture and apparel, or of so much thereof, as may be necessary. Provided always that if it shall be made to appear to the Court or Magis- trates before whom a Master of a ship has been convicted under this Ordinance, that such Master has acted by the orders or with the knowledge or consent of the Owner of the Ship, or of the Agent of such Owner, and the penalty is not paid, the same may be recoverable in the manner pointed out in this Ordinance for the recovery of penalties against the Owner of a ship.
Reports to be
18.-The Surveying Officer under the Indian Acts XXI. of made by certain 1858, and XXV. of 1859, and under the Ordinance No. XIV. of
1868, at any Port within the Colony at which any such Pas- senger Ship, or any Local Passenger Ship, shall touch or arrive, shall report to the Harbour-Master of the Port, any particulars which he may deem important, under the provisions of this Ordi- nance, respecting the ship and the passengers conveyed therein and forwarded who shall forward the same to the Officer of the Port from which the ship commenced her voyage, and also to the Officer at any other Port of the Colony, where the passengers or any of them embarked or where the ship touched, or is intended to touch at or to go to.
to other Settlements.
Copies of
evidence.
19. In any proceedings for the adjudication of penalties certain pro- under this Ordinance, a copy of the proceedings of any Court of ceedings made Justice or Naval Court, or Consular Court, duly authenticated by the seal of such Court of Justice or Naval Court, or Consular Court, and any document purporting to be a report of such par- ticulars as are referred to in the last preceding section, and also any copy of any list delivered by the Master of any Passenger Ship under Section 12 of this Ordinance, shall be received in evidence, if the same appears to have been officially transmitted to any Officer of Government at any Settlement in the Colony.
Rule for numbering passengers.
Penalties may be applied by way of compensation.
Interpretation.
20. For the purpose of penalties under this Ordinance, every person ascertained to have been on board a ship as a passenger at any time since her departure from her last port or place on the voyage to a Settlement in the Colony, shall be counted as a passenger on the arrival of the ship at the Settlement, whether such person shall be on board or not when the ship is examined on such arrival.
21.-Magistrates imposing any penalties under this Ordi- nance may, if they think fit, direct the whole or any part thereof to be applied in compensation to any person for any wrong or damage which he may have sustained by, or from, the act or default in respect of which such penalty is imposed, or in, or towards, payment of the expenses of the proceedings.
Interpretation.
22.-The following words and expressions as used in this Or- dinance shall have the meanings herein assigned; that is to
say:
The word "Ship" shall include every description of vessel used in navigation not propelled by oars;
"Master" shall include every person other than a Pilot having command of or charge of a ship.
Steam-vessel" shall mean a steam-vessel capable of being propelled by machinery alone at an average speed of at least 5 miles an hour.
"Consul" shall include Consul-General, Consul, Vice- Consul and Consular Agent.
"arbour-Master" and "Harbour-Master of the Port" shall include the Master-Attendant, Harbour-Masters and Assistant Master-Attendant and Assistant Harbour-Masters at the several Settlements.
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