THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1871.
the dominions of Her Majesty was a ship in the military or naval service of any foreign state at war with any friendly state,---
Such person shall be guilty of an offence against this Act, and shall be punishable by fine and impri- sonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.
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11. If any person within the limits of Her Majesty's dominions, and without the license of Her Penalty on fitting Majesty,-
out naval or military
Prepares or fits out any naval or military expedition to proceed against the dominions of any friendly expeditions without state, the following consequences shall ensue :
(1.) Every person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such expedition, shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.
(2.). All ships, and their equipments, and all arms and munitions of war, used in or forming part of
such expedition, shall be forfeited to Her Majesty.
license.
12. Any person who aids, abets, counsels, or procures the commission of any offence against this Act Punishment of shall be liable to be tried and punished as a principal offender.
accessories.
13. The term of imprisonment to be awarded in respect of any offence against this Act shall not Limitation of term exceed two years.
of imprisonment.
Illegal Prize.
14. If, during the continuance of any war in which Her Majesty may be neutral, any ship, goods, or Illegal prize brought merchandise captured as prize of war within the territorial jurisdiction of Her Majesty, in violation of the into British ports neutrality of this realm, or captured by any ship which may have been built, equipped, commissioned, or restored. despatched, or the force of which may have been augmented, contrary to the provisions of this Act, are brought within the limits of Her Majesty's dominions by the captor, or any agent of the captor, or by any person having come into possession thereof with knowledge that the same was prize of war so captured as aforesaid, it shall be lawful for the original owner of such prize, or his agent, or for any person authorised in that behalf by the Government of the foreign state to which such owner belongs, to make application to the Court of Admiralty for seizure and detention of suċli prize, and the Court shall, on due proof of the facts, order such prize to be restored.
Every such order shall be executed and carried into effect in the same manner, and subject to the same right of appeal, as in case of any order made in the exercise of the ordinary jurisdiction of such court; and in the meantime and until a final order has been made on such application the court shall have power to make all such provisional and other orders as to the care or custody of such captured ship, goods, or merchandise, and (if the same be of perishable nature, or incurring risk of deterioration) for the sale thereof, and with respect to the deposit or investment of the proceeds of any such sale, as may be made by such court in the exercise of its ordinary jurisdiction.
General Provision.
15. For the purposes of this Act, a license by Her Majesty shall be under the sign manual of Her License by Her Ma- Majesty, or be signified by Order in Council or by proclamation of Her Majesty.
jesty how granted.
Legal Procedure.
16. Any offence against this Act shall, for all purposes of and incidental to the trial and punishment Jurisdiction in respect of any person guilty of any such offence, be deemed to have been committed either in the place in which of offences by persons the offence was wholly or partly committed, or in any place within Her Majesty's dominions in which the against Act. person who committed such offence may be.
17. Any offense against this Act may be described in any indictment or other document relating to Venue in respect of such offence, in cases where the mode of trial requires such a description, as having been committed at the offences by persons, place where it was wholly or partly committed, or it may be averred generally to have been committed 24 & 25 Vict. c. 97. within Her Majesty's dominions, and the venue or local description in the margin may be that of the county, city, or place in which the trial is held.
18. The following authorities, that is to say, in the United Kingdom any judge of a superior court, in Power to remove any other place within the jurisdiction of any British court of justice, such court, or, if there are more offenders for trial. courts than one, the court having the highest criminal jurisdiction in that place, may, by warrant or instrument in the nature of a warrant in this section included in the term "warrant," direct that any offender charged with an offence against this Act shall be removed to some other place in Her Majesty's dominions for trial in cases where it appears to the authority granting the warrant that the removal of such tender would be conducive to the interests of justice, and any prisoner so removed shall be triable at the place to which he is removed, in the same manner as if his offence had been committed at such place.
Any warrant for the purposes of this section may be addressed to the master of any ship or to any other person or persons, and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to any place or places named in such warrant, and to deliver him, when arrived at such place or places, into the custody of any authority designated by such warrant.
Every prisoner shall, during the time of his removal under any such warrant as aforesaid, be deemed to be in the legal custody of the person or persons empowered to remove him.
19. All proceedings for the condemnation and forfeiture of a ship, or ship and equipment, or arms and Jurisdiction in respect munitions of war, in pursuance of this Act shall require the sauction of the Secretary of State or such chief of forfeiture of ships xecutive authority as is in this Act mentioned, and shall be had in the Court of Admiralty, and not in any Other Court; and the Court of Admiralty shall, in addition to any power given to the court by this Act,
for offences against ave in respect of any ship or other matter brought before it in pursuance of this Act all powers which it has in the case of a ship or matter brought before it in the exercise of its ordinary jurisdiction.
Act.
the offender and
20. Where any offence against this Act has been committed by any person by reason whereof a ship, or Regulations as to ship and equipment, or arms and munitions of war, has or have become liable to forfeiture, proceedings proceedings against may be instituted contemporaneously or not, as may be thought fit, against the offender in any court having against the ship. tisdiction of the offence, and against the ship, or ship and equipment, or arms and munitions of war, for de forfeiture in the Court of Admiralty; but it shall not be necessary to take proceedings against the truder because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
21. The following oflicers, that is to say,
Officers authorised
(1.) Any offices of eastonis in the United Kingdom, subject nevertheless to any special or general to seize offending
instructions from the Commissioners of Customs or any officer of the Board of Trade, subject ships. nevertheless to any special or general instructions from the Board of Trade;
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