172
Title.
Preamble.
No vessel to be seized at sea at a greater distance than one hundred miles from the coast of China.
Definition of the term ships or vessels sailing under the British flag.
Provisions as to the sale of vessels discharged of bills of sale, transfers, or mortgages.
Provision as to seizure of vessels.
Penalties, how recovered.
ORDINANCE No. 1 of 1846.
Trading in China.
No. 1 of 1846.
An Ordinance to amend Ordinance No. 9 of 1844, entitled, "An Ordinance to restrain all Persons within the Colony of Hongkong from Trading in the Empire of China to the Northward of the Thirty-second Degree of North Latitude."
[23rd January, 1846.]
WHEREAS it is expedient that the said Ordinance, No. 9 of 1844, should be amended, by declaring that vessels engaged in the traffic thereby prohibited shall not be seized at sea at a greater distance than one hundred miles from the coast of China; by defining the meaning of the terms therein used, of "ships or vessels sailing under the British flag;" by making further provision for the title to vessels engaged in such prohibited trade, in the event of subsequent sales, transfers, or mortgages; and by introducing more specific provisions as to the form of procedure for the seizure and sale of vessels contravening the enactments of said Ordinance:
1. Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that no vessel shall be seized or detained in pursuance of the provisions of the said Ordinance, at sea, at a greater distance than one hundred miles from the coast of China.
2. And be it further enacted, that the terms "ships or vessels sailing under the British flag," used in the said Ordinance, shall be held solely to mean and include British vessels navigated according to law, or vessels British owned, and provided with sailing letters from the Government of Hongkong.
3. And be it enacted, that the power given by the said Ordinance, of selling ships or vessels discharged of bills of sale, transfers, or mortgages, made or executed under the circumstances therein also mentioned, be confined to cases of sale, transfer, or mortgages made or executed after the seizure of such ships or vessels, and to cases of sales, transfers, or mortgages made before seizure, if made to transferees or mortgagees having notice that such ship or vessel had been employed in trading contrary to any of the prohibitions of the said Ordinance.
4. And be it further enacted and ordained, that no vessel shall be seized or detained under the provisions of the said Ordinance, unless the Chief Superintendent of Trade shall have issued a general or special warrant or order under his hand and seal for that purpose, which warrant or order shall also direct that such vessel shall with all reasonable expedition be brought into the harbour of Hongkong, and be there detained until further order of the Chief Superintendent aforesaid, or of the Supreme Court of Hongkong.
5. And be it further enacted, that all penalties and forfeitures which may have been heretofore, or may be hereafter incurred under this or the said Ordinance, may at the instance of the Chief Superintendent of Trade be prosecuted, sued for, and recovered in the Supreme Court of Hongkong, upon information to be filed by Her Majesty's
172
Title.
Preamble.
No vessel to be seized at sea at a greater distance than one hundred
miles from the coast of China.
Definition of the
term ships or vessels sailing
under the British
flag.
Provisions as to the sale of vessels discharged of
bills of sale, trans- fers, or mortga- ges.
Provision as to seizure of vessels.
Penalties,how recovered.
ORDINANCE No. 1 or 1846.
Trading in China.
No. 1 of 1846.
An Ordinance to amend Ordinance No. 9 of 1844, entitled, "An Or- dinance to restrain all Persons within the Colony of Hongkong from Trading in the Empire of China to the Northward of the Thirty- second Degree of North Latitude.'
W
[23rd January, 1846.]
THEREAS it is expedient that the said Ordinance, No. 9 of 1844, should be amended, by declaring that vessels engaged in the traffic thereby prohibited shall not be seized at sea at a greater distance than one hundred miles from the coast of China; by defining the meaning of the terms therein used, of "ships or vessels sail- ing under the British flag;" by making further provision for the title to vessels engaged in such prohibited trade, in the event of subsequent sales, transfers, or mort- gages; and by introducing more specific provisions as to the form of procedure for the seizure and sale of vessels contravening the enactments of said Ordinance:
1. Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that no vessel shall be seized or detained in pursuance of the provisions of the said Ordinance, at sea, at a greater distance than one hundred miles from the coast of China.
2. And be it further enacted, that the terms "ships or vessels sailing under the British flag," used in the said ordinance, shall be held solely to mean and include British vessels navigated according to law, or vessels British owned, and provided with sailing letters from the Government of Hongkong.
3. And be it enacted, that the power given by the said Ordinance, of selling ships or vessels discharged of bills of sale, transfers, or mortgages, made or executed under the circumstances therein also mentioned, be confined to cases of sale, transfer, or mort- gages made or executed after the seizure of such ships or vessels, and to cases of sales, transfers, or mortgages made before seizure, if made to transferees or mortgagees having notice that such ship or vessel had been employed in trading contrary to any of the prohibitions of the said ordinance.
4. And be it further enacted and ordained, that no vessel shall be seized or detained under the provisions of the said ordinance, unless the Chief Superintendent of Trade shall have issued a general or special warrant or order under his hand and seal for that purpose, which warrant or order shall also direct that such vessel shall with all reasonable expedition be brought into the harbour of Hongkong, and be there detained until further order of the Chief Superintendent aforesaid, or of the Supreme Court of Hongkong.
5. And be it further enacted, that all penalties and forfeitures which may have been heretofore, or may be hereafter incurred under this or the said ordinance, may at the instance of the Chief Superintendent of Trade be prosecuted, sued for, and recovered in the Supreme Court of Hongkong, upon information to be filed by Her Majesty's
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