697894-1873-Emigrant-Ship-Ordinance- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 10TH MAY, 1873.

Short Title.

Interpretatiou Clause.

"Master."

"Ship." "Chinese Pas- senger Ship."

"Chinese Emi- grant Ship."

"Building."

"Equipping."

"Ship and

Equipment."

Licenses under

1. This Ordinance may be cited as "The Chinese Emigrant Ship Ordinance, 1873.”

II. In the Construction of this Ordinance, if not inconsistent with the Context, the following Terms and Expressions shall have the Meanings hereinafter respectively assigned to them, that is to say:--

"Master," shall include any Person having the Charge or Command of a Ship;

"Ship," shall include any Vessel or Boat;

"Chinese Passenger Ship," shall mean a Ship defined by and coming under the Provisions of "The Chinese Pas- sengers' Act, 1855;"

"Chinese Emigrant Ship," shall mean a Ship, not being a Chinese Passenger Ship, which shall be fitting out in this Colony or intended to be used after leaving the Waters thereof, for the Conveyance of Chinese Emigrants, to be embarked at any Port or Place out of the Colony;

"Buiding," in relation to a Ship, shall include the doing any Act towards or incidental to the Construction of a Ship, and all Words having relation to building shall be construed accordingly;

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Equipping," in relation to a Ship, shall include the furnishing a Ship with any Tackle, Apparel, Furniture, Provisions, Arms, Munitions, or Stores, or any other Thing which is used in or about a Ship for the Purpose of fitting or adapting her for the Sea, and all Words relating to equipping shall be construed accordingly;

"Ship and Equipment," shall include a Ship and every- thing in or belonging to a Ship.

III. No Chinese Emigrant Ship shall clear out or proceed to this Ordinance. Sea from this Colony unless the Master of such Ship shall be

provided with a License under this Ordinance.

License from Governor.

Form and

License.

IV. No Person shall do any of the Acts hereinafter specified in Section IX, without a License from the Governor, or unless the Owner, Agent, or Master of the Ship in respect of which such Act shall be done shall have obtained such License.

V. Every such License shall be under the Hand of the Conditions of Governor and the Public Seal of the Colony and the granting thereof shall be in the Discretion of the Governor, and shall be subject to the Payment of such Fee to the Crown, and to such Conditions as may, in each particular Case, be prescribed by the- Governor in Conncil.

Mode of

License.

VI. Application for such License shall be made in Writing to the Application for Colonial Secretary, and shall be transmitted through the Emigra- tion Officer, and the Owner, Agent, or Master of the Chinese Emigrant Ship in respect of which such License is applied for, shall farnish all Particulars as to the Destination of the Ship, and as to all Matters relating to the intended Voyage and Emigration which may be required of him.

Punishment

untrue Particulars,

VII. All such Particulars shall, if so ordered, be certified upon for furnishing Oath before any Justice of the Peace, and every Person who shall knowingly furnish untrue Particulars shall be liable to Imprison- ment with or without Hard Labor, for any Period not exceeding Six Calendar Months, and to a Fine not exceeding (ne hundred · Dollars, eitlier in Addition to or in Substitution of such Imprison-

Power to revoke and

ment.

VIII. If it shall appear to the Satisfaction of the Governor at cancel License, any Time before the Departure of a Chinese Emigrant Ship:-

(1.) That the Particulars furnished in relation thereto are

Building repairing, equipping,

despatching,

&C., &C.,

without

License.

untrue; or

(2.) That further Particulars have been discovered since the

granting of the License; or

(3.) That any Condition of the Licence has been violated,- It shall be lawful for the Governor in Council to revoke or vary the Licence granted under this Ordinance in respect of such Chinese Emigrant Ship and to order that the said Silp be seized and detained until the said License be delivered up to be cancelled, or varied.

IX. If any Person does any of the following Acts within the Colony without having obtained a License from the Governor under this Ordinance, or without any such License as aforesaid selling, hiring, having been granted to the Owner, Agent, or Master of the Ship in respect of which such Act shall be done, or in Contravention of the Terms of any such License if granted, that is to say:--

(1.) Builds, alters or repairs, or agrees to build, alter or repair, or causes to be built, altered or repaired, any Ship, with Intent or Knowledge, or having reasonable cause to believe that the same shall or will be employed in the Conveyance of Chinese Emigrants to be embarked at any Port or Place out of the Colony; or (2.) Fits out, mans, navigates, equips, uses, lets or takes on Freight or Hire any Ship, or commands, or serves on board any Ship, with Intent or Knowledge, or having