1890_MERCHANT_SHIPPING_ORDINANCE_1 — Page 2

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Penalty for not entering into bond or not. giving other security.

Master and ship detained to be

liable as if bond entered into,

Proceedings against the crew of any ship not in port, damages to be paid by sureties in bond or other security.

Bond or other security to be put in sait and whole penalty levied. Superintendent at his discretion to return part thereof.

ORDINANCE No. 4 OF 1844.

Merchant Shipping.

3. And be it enacted if any master of such vessel as aforesaid shall neglect for the space of ten days after his arrival at Hongkong, or after the forfeiture of, or after the expiration of the space of one year from the previous taking of any such similar bond, or shall at any time upon lawful demand made by the said Superintendent of Trade for such other security, or by such officers as aforesaid for such bond, neglect or refuse to enter into the same, or to provide such sureties or other security as aforesaid, that it shall be lawful for the said Superintendent of Trade, or for such officers as aforesaid, to arrest and detain such master and the vessel commanded by him, until such time as the said demand shall be complied with, and also summarily to impose on the said master a fine not exceeding the sum of one hundred dollars, to be paid to Her Majesty Her Heirs and Successors for the public purposes of the Colony of Hongkong, and in case of nonpayment thereof, to forthwith cause the same to be levied of the apparel boats tackle or furniture of the vessel commanded by the said master.

4. And be it enacted that the said master and the said ship whilst so detained or arrested shall be subject in every respect to the same liabilities as if such bond or other security had been duly entered into.

5. And be it enacted, upon any complaint made of any injury, either in person or property, sustained from the act of any of the crew of any vessel belonging to Her Majesty's subjects done or committed within Hongkong or the dominions of the Emperor of China, or within 100 miles from the coast of China which said vessel shall not then be in Hongkong or in any port in China at which a British Consular establishment may exist, and in respect whereof such bond or other security as afore- said shall have been entered into, that it shall be lawful for any competent tribunals to summon the sureties in such bond or other security as aforesaid to appear and answer such complaint, and thereupon to proceed to enquire of hear and determine the same in the absence of the party alleged to have committed the injury complained of, and to award such damages, (to be paid and borne by the sureties in the bond or other security aforesaid) to such injured party, as may be just and reasonable. Provided always that such adjudication shall not be pleadable in bar of any criminal proceeding, instituted in respect of the subject matter thereof, and that no such complaint shall be inquired of or heard unless it shall clearly appear that the party preferring the same has used all possible diligence in so doing whilst such vessel was in port, and that no such adjudication of damages or compensation shall be made, if the said sureties show special cause for delaying the same, or shall undertake to produce the party alleged to have committed the injury complained of, within a reasonable time to be then fixed by such tribunal as aforesaid.

6. And be it enacted, that upon any such bond or other security as herein mentioned becoming forfeited, the same shall be put in suit by such person as may hereafter be duly authorized in that behalf by the said Superintendent of Trade, and the whole penalty thereof recovered and levied, but that it shall be lawful for the Superin- tendent of Trade aforesaid, upon petition being made to him to that effect, to order that