ORDINANCE No. 5 OF 1873.
Chinese Emigrant Ships.
17. Whenever any person shall have been convicted before the Supreme Court of an offence against this Ordinance, the evidence taken upon the trial of such offender shall be received in evidence, in any proceedings instituted, for the forfeiture or release of the ship in respect of which such offence shall have been committed; but it shall not be necessary to take proceedings against an offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
18. The fact of a ship being apparently fitted and equipped, or in course of being fitted and equipped within the waters of the Colony for the conveyance of Chinese emigrants shall, if the owner, agent, or master shall not have obtained a licence from the Governor under this Ordinance, or under "The Hongkong Emigration Ordinance, 1870," be prima facie evidence that such ship is intended for the conveyance of Chinese emigrants to be embarked at some port or place out of the Colony.
19. If on the hearing of the proceedings for the forfeiture or release of a ship seized under this Ordinance it shall be established to the satisfaction of the Court that [no offence has been committed: repealed by Ordinance No. 10 of 1873 & words substituted] in respect of such ship against the provisions of this Ordinance rendering such ship liable to forfeiture, the ship shall be released and restored to the owners thereof or their agents.
20. If on the hearing of the said proceedings it shall be established to the satisfaction of the Court that an offence ["the offence charged" as amended by Ordinance No. 10 of 1873] has been committed in respect of such ship rendering the same liable to forfeiture under this Ordinance, the Court shall declare such ship to be forfeited to the Crown.
21. It shall be lawful for the Court to impose such a pecuniary penalty as to the Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship to be detained until the penalty is paid, and to cause any penalty so imposed to be applied in the same manner in which the proceeds of the said ship, if condemned by order of the Court and sold, would have been applicable.
22. The costs of all proceedings for the forfeiture or release of a ship, shall be in the discretion of the Court.
23. If the Court be of opinion that there was not reasonable and probable cause for the seizure or detention, and if no such cause appear in the course of the proceedings, the Court shall have power to declare that the owner is to be indemnified by the payment of costs and damages in respect of the seizure or detention, the amount thereof to be assessed by the Court, and any amount so assessed shall be payable by the Treasury out of the general revenues of the Colony.
24. Every ship forfeited to the Crown for breach of the provisions of this Ordinance may be sold by public auction or private contract, and may be transferred to the purchaser by bill of sale under the hand of the Governor, and the seal of the Colony, and the net proceeds of such sale shall be paid into the Colonial Treasury for the use of the Crown.
1167
Evidence of convictions.
Regulations to proceedings against the offender and against the ship.
Burden of proof.
Release of ship by the Court.
Condemnation of ship.
Penalty in lieu of forfeiture.
Costs.
Indemnity.
Sale of forfeited ship.
ORDINANCE No. 5 OF 1873.
Chinese Emigrant Ships.
17. Whenever any person shall have been convicted before the Supreme Court of an offence against this Ordinance, the evidence taken upon the trial of such offender shall be received in evidence, in any proceedings instituted, for the forfeiture or release of the ship in respect of which such offence shall have been committed; but it shall not be necessary to take proceedings against an offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
18. The fact of a ship being apparently fitted and equipped, or in course of being fitted and equipped within the waters of the Colony for the conveyance of Chinese emigrants shall, if the owner, agent, or master shall not have obtained a licence from the Governor under this Ordinance, or under "The Hongkong Emigration Ordinance, 1870," be prima facie evidence that such ship is intended for the conveyance of Chinese emigrants to be embarked at some port or place out of the Colony..
19. If on the hearing of the proceedings for the forfeiture or release of a ship seized under this Ordinance it shall be established to the satisfaction of the Court that [no offence has been committed: repealed by Ordinance No. 10 of 1873 & words substituted] in respect of such ship against the provisions of this Ordinance rendering such ship liable to forfeiture, the ship shall be released and restored to the owners thereof or their agents.
20. If on the hearing of the said proceedings it shall be established to the satisfaction of the Court that an offence ["the offence charged" as amended by Ordinance No. 10 of 1873] has been committed in respect of such ship rendering the same liable to forfeiture under this Ordinance, the Court shall declare such ship to be forfeited to the Crown.
21. It shall be lawful for the Court to impose such a pecuniary penalty as to the Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship to be detained until the penalty is paid, and to cause any penalty so imposed to be applied in the same manner in which the proceeds of the said ship, if condemned by order of the Court and sold, would have been applicable.
22. The costs of all proceedings for the forfeiture or release of a ship, shall be in the discretion of the Court.
23. If the Court be of opinion that there was not reasonable and probable cause for the seizure or detention, and if no such cause appear in the course of the proceed- ings, the Court shall have power to declare that the owner is to be indemnified by the payment of costs and damages in respect of the seizure or detention, the amount thereof to be assessed by the Court, and any amount so assessed shall be payable by the Treasury out of the general revenues of the Colony.
24. Every ship forfeited to the Crown for breach of the provisions of this Ordi- nance may be sold by public auction or private contract, and may be transferred to the purchaser by bill of sale under the hand of the Governor, and the seal of the Colony, and the net proceeds of such sale shall be paid into the Colonial Treasury for the use of the Crown.
1167
Evidence of convictions.
Regulations t
to proceedings against the offender and against the
ship.
Burden of
proof.
Release of shije by the Court.
Condemuation of -hip.
Pensity in len of forfeiture.
Costs.
Inderanity.
Sale of forfeited. ship.
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