697798-1873-Emigrant-Fittings-Ordinance--Incorrect- — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 26TM APRIE, 1873.

VII. No such Ship shall clear out or proceed to Sea until the Certificate of Master thereof shall have received from the Emigration Officer a Emigration Certificate in the Form contained in the Schedule to this Ord- Officer. inance, 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.

VIII. All Barricades and Gratings apparently intended to be Barricades aud used, or which are capable of being used for the Purpose of con- Gratings fining Chinese Einigrants below Decks, or within any particular probibited. Part of a Ship shall be deemed to be Prohibited Fittings within the Meaning of this Ordinance.

IX. It shall be lawful for the Governor, from Time to Time, Other Prohi- by Proclamation to be inserted in the Gazette to prohibit the Use bited Fittings. or Carriage in any Ship of any other Description of Fittings therein specified, and every such Prohibition shall have the same Force or

Effect as if it were expressly enacted in this Ordinance.

X. All Prohibited Fittings wherever found within the Colony Seizure and shall be seized and shall be forfeited to the Crown in Manner Forfeiture hereinafter mentioned.

thereof.

XI. Whoever shall, without lawful Excuse (the Proof of which Unlawful Pos- shall lie on the Accused), manufacture, purchase, sell, or have in session, &c. of his Possession any prohibited Fittings, shall be guilty of an Prohibited Offence against this Ordinance, and shall be liable to the Punish- Fittings. ment hereinafter prescribed.

Refusal to

XII. The Owner, Agent, or Master of any Ship intended for Taking Pro- the Conveyance of Chinese Emigrants to be embarked at any Port hibited Fittings or Place out of the Colony who shall knowingly permit any Pro- on board or hibited Fittings to be taken on board such Ship, or to remain remove the therein after the same have been taken on board, or who shall same. refuse to remove forthwith any Fittings which the Emigration Officer shall have ordered to be removed shall be guilty of an Offence against this Ordinance, and shall be liable to the Punish- ment hereinafter prescribed, and all such last mentioned Fittings shall, in Case of such Refusal as aforesaid, be seized and forfeited to the Crown as in the Case of Prohibited Fittings.

Prohibited

XIII. If any such Ship shall leave or attempt to leave the Waters ship leaving of the Colony without the Certificate required by Section VII, or without Certi- shall leave or attempt to leave the Waters of the Colony, having ficate or with on board any Prohibited Fittings, or any Fittings which the Fittings. Emigration Officer shall have ordered to be removed, or any other Fittings of a similar Kind and Description, in every such Case the Master of such Ship, and the Owner or Agent if proved to have sanctioned such leaving or attempting to leave as aforesaid, shall be deemed guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed, and all such Fittings shall be seized and forfeited to the Crown, whether the same be Prohibited Fittings or not.

Certificate.

XIV. If any Person shall make or attempt to make any Fraudulent fraudulent Use of a Certificate granted under this Ordinance, or Use of a shall forge, counterfeit, alter, or erase the Whole or any

Part thereof, or shall use or attempt to use any spurious or fraudulent Certifi- cate, the Person so offending, and every Person aiding and abet- ting in such Offence, shall be liable to the Punishment hereinafter prescribed.

XV. All Cases of Violation or Disobedience of, or Default in Trial of Compliance with the Provisions of this Ordinance, may be heard Offences. and determined summarily by two Magistrates sitting together, who shall constitute a Court for this Purpose: Provided that if at the Close of the Investigation, the Acensed shall apply for a Trial by Jury, or the Magistrates shall be of Opinion that the Case ought to be so tried, they may commit the Accused for Trial at the Supreme Court.

XVI. On Conviction of such Offences, the respective Offenders Punishment of shall be liable to the following Punishments:-

1. For every Offence against Sections IV, V, XI and XII, a Fine not exceeding $500, and Imprisonment with or without hard Labor for any Term not exceeding Six Months, or either of such Punishments, at the Discre- tion of the Court.

2. For every Offence against Sections XIII and XIV, a Fine not exceeding $1,000, and Imprisonment with or with- out hard Labor for any Term not exceeding One Year, or either of such Punishments, at the Discretion of the Court.

Provided always that where a Fine shall be imposed for any Offence against Sections XIII or XIV, the Court may sentence the Offender in Default of Payment of such Fine, to Imprisonment with or without hard Labor for any Term not exceeding One Year in lieu of such Fine, and such Imprisonment shall commence from the Expiration of any Term of Imprisonment, to which the Offender may have been sentenced in addition to the Fine.

Offences.

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