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THE HONGKONG GOVERNMENT GAZETTE, 12тu APRIL, 1873.
Short Title.
Interpretation.. Clause.
Repealing Clause.
Report to Emigration Officer.
Powers and Duties of
Emigration Officer.
Certificate of Emigration Officer.
Prohibited Fittings.
Seizure and Forfeiture
thereof.
Taking Pro-
on board or
Refusal to land the same.
the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. This Ordinance may be cited as the "Chinese Emigration Ordinance, 1873.”
II. In the Construction of this Ordinance, the Term "Ship" shall include any sea-going Vessel;
The Term "Master" shall include any Person for the Time being in Command or Charge of a Ship;
The Term "Fittings" shall include any Article found on board a Ship intended to be used as Part of the Fittings of the Ship, though the same may not be actually affixed;
The Expression "Prohibited Fittings" shall mean any Fittings prohibited by a Proclamation of the Governor. III. Section XXVII of Ordinance No. 1 of 1862 is hereby repealed.
IV. The Master of every Ship being within the Waters of the Colony and which shall be fitting out, or intended to be used for the Conveyance of Chinese Emigrants to be embarked at any Port or Place out of the Colony, shall report the same to the Emigration Officer, and in Case he shall rense or neglect so to do, he shall be deemed guilty of an Offence against this Ordinance and shall be liable to the Punishment hereinafter prescribed.
V. The Fittings of every such Ship shall be subject to the Approval of the Emigration Officer, who is hereby empowered at all reasonable Times to go on Board and search and inspect snch Ship and her Fittings, and to order any Fittings which shall in his Opinion be objectionable, to be forthwith removed and landed. And whoever shall impede or attempt to impede the Emigration Officer in the Execution of his Duty, shall be guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed.
VI. No Ship intended for the Conveyance of Chinese Emigrants to be embarked at any Port or Place ont of the Colony shall clear out or proceed to Sea until the Master thereof shall have received from the Emigration Officer a Certificate in the Form contained in the Schedule to this Ordinance, or in such other Form as the Governor in Council may from Time to Time prescribe, and every such Certificate shall be liable to a Stamp Duty of Twenty-five Dollars.
VII. It shall be lawful for the Governor from Time to Time by Proclamation to be inserted in the Gazette to prohibit the Use or Carriage in any Ship of any Description of Fitting therein specified, and every stel Prohibition shall have the same Force or Effect as if it were expressly enacted in this Ordinance.
VIII. Tue Emigration Officer may seize all prohibited Fittings found on board any Ship and the same shall be forfeited to the Crown.
IX. The Master of any Ship intended for the Conveyance of hibited Fittings Chinese Emigrants to be einbarked at any Port or Place out of the Colony who shall knowingly permit any prohibited Fittings to be taken on board such Ship, or to remain therein after the same have been taken on board, or who shall neglect or refuse to remove and land forthwith any Fittings which the Emigration Officer shall have ordered to be removed and landed, shall be guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed, and all such last mentioned Fittings shall be seized and forfeited to the Crown as in the Case of Prohibited Fittings.
Prohibited
Fittings.
Ship leaving X. If any such Ship shall leave or attempt to leave the Waters without Certi- of the Colony without the Certificate required by Section VI, or ficate or with shall leave or attempt to leave the Waters of the Colony, having on board any Prohibited Fittings or any Fittings which the Emigration Officer shall have ordered to be removed and landed, or any other Fittings of a similar Kind and Description, in every such Case the Master of such Ship shall be deemed guilty of an Offence against this Ordinance, and shall be liable to the Punish- ment hereinafter prescribed, and all such Fittings shall be seized and forfeited to the Crown,
Unlawful Pos-
Prohibited Fittings.
XI. Whoever shall, without lawful Authority or Excuse (the session, &c. of Proof of which shall lie on the accused), manufacture, purchase, sell, or have in his Possession any prohibited Fittings, shall be guilty of an Offence against this Ordinance and shall be liable to the Punishment hereinafter prescribed, and all such Fittings shall be forfeited to the Crown.
Trial of Offences.
Punishment of Offences.
XII. All cases of Violation or Disobedience of, or Default in Compliance with the Provisions of this Ordinance, shall be heard and determined summarily by two Magistrates sitting together: Provided that if before or during the Investigation, the Magistrates shall be of Opinion that the Case ought to be tried before a Jury, they may commit the accused for Trial at the Supreme Court.
XIII. On Conviction of such Offences, the respective Offenders shall be liable to the following Punishments:
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