697849-1873-Emigrant-Fittings-Ordinance-Corrected- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1873.

Report to Emigration Officer.

Powers and Duties of Emigration Otheer.

Certifiente of Emigration Officer.

Barricades and Gratings prohibited.

Other Prohi-

V. The Master of every Ship arriving within the Waters of the Colony and which shall be fitted out, for the Conveyance of Chinese Emigrants shall, within Twenty-four Hours, report the same to the Emigration Officer, and in Case he shall neglect so to do, he shall be deemed guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed.

VI. 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 such Ship and her Fittings, and to order any Fittings which shall in his Opinion be objectionable, to be forthwith removed; and any Person who shall in any Way impede or attempt to impede the Emigration Officer in the Execution of this. Duty, shall be guilty of an Offence against this Ordinance, and shall be liable to the Punishment hereinafter prescribed.

VII. No such Ship 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 Ord- 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 used, or which are capable of being used for the Purpose of con- fining Chinese Emigrants below Decks, or within any particular 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, bited Fittings. by Proclamation to be inserted in the Gazette to prohibit the Use 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.

Seizure and Forfeiture

thereof.

Unlawful Pos-

Prohibited

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

XI. Whoever shall, without lawful Excuse (the Proof of which session, &c. of 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 Punish- ment hereinafter prescribed.

Fittings.

on board or Refusal to remove the

samie.

Taking Pro- XII. The Owner, Agent, or Master of any Ship intended for hibited Fittings the Conveyance of Chinese Emigrants to be embarked at any Port or Place out of the Colony who shall knowingly permit any Pro- hibited Fittings to be taken on board such Ship, or to remain therein after the same have been taken on board, or who shall 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

Ship leaving XIII. If any such Ship shall leave or attempt to leave the Waters without Certi- of the Colony without the Certificate required by Section VII, or ficate or with shall leave or attempt to leave the Waters of the Colony, having Fittings. on board any Prohibited Fittings, or any Fittings which the 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.

Fraudulent Use of a Certificate.

Trial of Offences.

Punishment of Offences.

XIV. If any Person shall make or attempt to make any fraudulent Use of a Certificate granted under this Ordinance, or 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 Compliance with the Provisions of this Ordinance, may be heard 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 Accused 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 shall be liable to the following Punishments :-

1. For every Offence against Sections IV, V, VI, XI and XII, a Fine not exceeding $500, and Imprisonment with or