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Definition of certain
tiened.
The Hongkong Government Gazette.
I. In the Construction of this Act, the Term "Chinese Passenger Ship" shall include every Ship carrying fro oficially transt officially transı Terms herein men-any Port in Hong Kong, and every British Ship carrying from any Port in China or within One hundred Miles
ས་ aforesaid sha the Coast thereof, more than Twenty Passengers, being Natives of Asia; the Word "Colony" shall include all H written Declar Majesty's Possessions abroad not being under the Government of the East India Company; the Word "Governo shall signify the Person for the Time being lawfully administering the Government of such Colony; the Te Act, 1855." "Legistature of Hong Kong" shall signify the Governor and Legislative Council or other Legislative Authority oft
XVI. Thi
XVII. Th same for the Time being; the Word "Ship" shall include all Sea-going Vessels; the Terms "Commander" & vernor thereof,
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Master" of any Ship shall include any Person for the Time being in command or charge of the same; the Ter
Emigration Officer" shall include every Person lawfully acting as Emigration Officer, Immigration Agent
Protector of Emigrants, and every Person authorized by the Governor of any British Colony to carry out i Provisions of this Act; and the Term British Consul" shall include every Person lawfully exercising Consu Note.--The wi Authority on behalf of Her Majesty in any Foreign Port.
Passeng to a Fin I. No Chi
11. No En
Seven Days aft
Legislature of Hong- II. It shall be lawful for the Legislature of Hong Kong, by any Ordinance to be by them enacted for that P Kong to make Regula- pose, to make Regulations respecting Chinese Passenger Ships, and, in the Case of British Ships, respecting i tions respecting Pas- Treatment of the Passengers therein while at Sea; and until such Enactment, the Regulations contained in Sched tion without a senger Ships, &c.
(A.) to this Act annexed shall be in force: Provided always, that no such Ordinance shall come into operation u Chinese Passen Her Majesty's Confirmation of the same shall have been proclaimed in Hong Kong by the Governor thereof. Governor of Hong- III. It shall be lawful for the Governor of Hong Kong to declare, by Proclamation, for the Purposes of this kong to declare Length and of the said Regulations, what shall be deemed to be the Duration of the Voyage of any Chinese Passenger St Day of Sailing, of Voyages.
and by such Proclamation to alter the Scales of Dietary, Medicines, and Medical Comforts contained in the afores III. After Schedule (4.) No Chinese Pas- IV. No Chinese Passenger Ship shall clear out or proceed to Sea on any Voyage of more than Seven Di refusing to allo Ship, and the I senger Ship to clear Duration until the Master thereof shall have received from an Emigration Officer a Copy of the aforesaid Regulatio IV. The E out on Voyage of and a Certificate in the Form contained in Schedule B. to this Act annexed, or in such other Form as may be inore than
Seven scribed by the said Legislature, which Copy and Certificate, with any Documents to be attached thereto (herein-al Days without Emigra designated as Emigration Papers,) shall be signed by the said Emigration Officer, nor until the Master shall, tion Officer's Certifi- cate and Copy of Regu
Two sufficient Sureties, to be approved by the said Emigration Officer, have entered into a joint and several Bond lations, nor until Bond the Sum of One thousand Pounds to Her Majesty, Her Heirs and Successors, in the Form contained in Schedule be given to Crown. to this Act annexed, or in such other Form as shall be prescribed by the said Legislature.
Penalty of Bond, V. The said penal Sum of One thousand Pounds shall be due and recoverable notwithstanding any Penalty
Forfeiture imposed by this Act or by the aforesaid Regulations, and whether such Penalties or Forfeitures shall been sued for and recovered or not.
when recoverable.
Commander of Ships
VI. It shall be lawful for the Commander of any of Her Majesty's Ships of War, or for any Emigration Off of War, &c., may Custom House Officer, or British Consul, to enter and search any Chinese Passenger Ship (being a British Ve search Ships, or re- or within British Jurisdiction) so long as such Ship shall have any Passengers on board, and for Forty-eight He quire Production of afterwards, and in case such Ship shall be engaged on a Voyage of more than Seven Days' Duration, to require l'apers.
Production of the Emigration Papers of such Ship, and to examine all Persons on board of the same, in orde ascertain whether the Provisions of this Act and of the Regulations aforesaid have been complied with; and Person who refuses to allow, attempts to avoid, or obstructs any such Entry, Search, or Examination, or knowingly misleads or deceives any Person lawfully making any such Search or Examination, or who, being! Master of the Ship or having the Emigration Papers in his Custody, fails to produce the same when require aforesaid, shall be deemed guilty of a Misdemeanor,
Penalty for Neglect to comply with Regula-
tions, &c.
VII. In case of any Neglect or Refusal to comply with any of the Provisions of this Act or any of the Rege tions aforesaid, or to perform any Stipulation in any of the Contracts made with the Passengers, the Master of Ship, and any other Person who may have been guilty of or have aided or ́abetted such Neglect or Refusal, each be deemed for each Offence guilty of a Misdemeanor,
Ship to be forfeited
VIII. If any Chinese Passenger Ship clears out or proceeds to Sea on any Voyage exceeding Seven Day for clearing without Duration without such Emigration Papers as aforesaid, or if the Emigration Papers of any Chinese Passenger Einigration Papers, or for Forgery of such are forged or fraudulently altered, surh Ship shall, if she is a British Ship, or if, not being a British Ship, Papers.
Offence is committed and the Ship is seized in Her Majesty's Dominions or in the Territories of the East Company, be forfeited to Her Majesty.
Penalties in addition to Forfeiture.
Mode of enforcing Forfeiture.
each Offence.
1. Tha any Carg Passenge 2. The
ficial and above T、
3. The Passenge 4. Thr sufficient
to the fo
Rice,
Salted Pro
Wholl Pork
Pork
Salted Vegi Water Firewood
Tea
5. Tha
('alomel, Blue Pill, Rhubarb Powde
Compound Jalap cacuanha Pos Opium, Dover's Powder, Magnesia, Chloride of Lime Epsom Salts,
Tartar Emetic,
Antimonial Pow
IX. Every Person who commits or aids or abets in committing any Act or Default by which any Ch Passenger Ship may become liable to Forfeiture shall be liable to a Penalty not exceeding One hundred Pound X. It shall be lawful for any Commissioned Officer on Full Pay in the Military or Naval Service of Majesty, or any British Officer of Customs, or any British Consul, to seize and detain any Ship which has bet subject to Forfeiture as aforesaid, and bring her for Adjudication before the High Court of Admiralty in Englar Ireland, or any Court having Admiralty Jurisdiction in Her Majesty's Dominious or in the Territories of the India Company, and such Court may thereupon make such Order in the Case as it thinks fit, and may awards Portion of the Proceeds of the Sale of any forfeited Ship as it thinks right to the Officer bringing in the samQuinine, Adjudication, or to any Persons damaged by the Act or Default which has rendered the Ship liable to Forfeiture, Officer not liable for Xl. No such Officer as aforesaid shall be responsible, either civilly or criminally, to any Person whomsextract of Coloc Carbonate of Au any Seizure made on in respect of the Seizure or Detention of any Ship that has been seized or detained by him in pursuance of reasonable Grounds. Provisions herein contained, notwithstanding that such Ship is not brought in for Adjudication, or, if so brough
Assafoetida, is declared not to be liable to Forfeiture, if it is shown to the Satisfaction of the Judge or Court before whom
Camphor, Trial relating to such Ship or such Seizure or Detention is held that there are reasonable Grounds for such Se Camphorated Lit or Detention; but if no such Grounds are shown, such Judge or Court may award Payment of Costs and Da Catechu, to any Party aggrieved, and make such other Order in the Premises as he or it thinks just.
Prepared Chalk, Ticture of Upiu XII. It shall be lawful for the Court before which any Ship liable to Forfeiture under this Act is pro Turpentine, be substi- tuted for Forfeiture. against to impose such a pecuniary Penalty as to the same Court shall seem fit, in lieu of condemning the Ship in such Case to cause the Ship to be detained until the Penalty is paid, and to cause any Penalty so imposed ! applied in the same Manner in which the Proceeds of the said Ship, if condemned and sold by Order of the Q would have been applicable.
Fine
may
Mode of Procedure in Criminal Cases.
Application of Pen-
alties.
Written Declarations
1 Set of Amput (if there be a them).
I One Ounce Gla
XIII. All Misdemeanors and other Criminal Offences punishable under this Act shall be dealt with, tried judged of in the same Manner as Misdemeanors and other Offences punishable under the Merchant Shipping Minim Glass M 1854, and all the Rules of Law, Practice, or Evidence applicable to the last-mentioned Misdemeanors and Of shall be applicable to Misdemeanors and other Offences under this Act.
XIV. Any Court, Justice, or Magistrate imposing any Penalty under this Act for which no specific Apple is herein provided may, if it or he thinks fit, direct the whole or any Part thereof to be applied in compensating person for any Wrong or Damage which he may have sustained by the Act or Default in respect of which such P is imposed, or in or towards Payment of the Expenses of the Proceedings; and, subject to such Directions or sp Application as aforesaid, all Penalties recovered in the United Kingdom shall be paid into the Receipt of Her Ma Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consul Fund of the United Kingdom; and all Penalties recovered in any British Possession shall be paid over into the Treasury of such Possession, and form Part of the Public Revenue thereof.
i
1 Pestle aud Mor
1
Set of common 1 Set of Bleeding
1 Set of Weights
1 Silver Catheter V. The Mas
Seven Days' Dur According to the a Passengers, in res not ill-use the Pa issue Medicines at
XV. In any legal Proceeding taken under this Act or in respect of the Bond herein-before vequired, any of Commnauders, &c., ment purporting to be the written Declaration of any British Consul, or of the Commander of any of Her Ma prima facie Evidence. Ships of War, or to be a Copy of the Proceedings of any Court of Justice, shall, without any Proof of Signate shall carry them
received in Evidence, in case it shall appear that such Copy or Declaration, if produced in the United Kingdom
as may be mentio
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