610
No. 1.]
Prosecution to be by Attorney General.
Punishment for building, etc., emigrant ship without licence.
THE ORDINANCES OF HONGKONG: [A.D. 1889.
(2.) Notice in writing of every such action and of the cause thereof shall be given to the intended defendant one month at least before the commencement thereof.
(3.) In any such action the defendant may answer that the act complained of was done in pursuance or execution or intended execution of this Part, and give this section and the special matter in evidence at any trial to be had thereupon.
(4.) The plaintiff shall not recover if tender of sufficient amends is made before action brought, or if, after action brought, a sufficient sum of money is paid into Court by or on behalf of the defendant.
(5.) If judgment is given for the defendant or the plaintiff becomes nonsuit or discontinues the action after a defence has been put in, the defendant shall recover his costs, and shall have the like remedy for the same as any defendant has by law for costs in other cases.
(6.) If judgment is given for the plaintiff, he shall not have costs against the defendant, unless the Judge before whom the trial is had certifies his approbation of the action.
82. No proceeding shall be instituted for any offence against the provisions of this Part, or for any forfeiture thereunder, except at the suit or prosecution, or with the consent, of the Attorney General.
83. It shall be lawful for the Governor, in his discretion, to grant licences, in manner hereinafter provided and to such persons as he thinks fit, to do any of the acts following; that is to say--
(1.) to build, alter, or repair, or agree to build, alter, or repair, or cause to be built, altered, or repaired any ship, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony; or
(2.) to fit out, man, equip, let or take on freight or hire any ship, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in manner aforesaid; or
(3.) to despatch or cause to be despatched any ship, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in manner aforesaid; or
(4.) to make advances of any money to any ship, or to become security for such advances, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in manner aforesaid; or
(5.) to despatch, or cause or allow to be despatched, or command any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe, that such passengers are being carried or intended to be carried to any port or place out of
610
No. 1.]
Prosecution to be by Attorney General.
Punishment for build.
ing, etc., emigrant ship
without licence.
THE ORDINANCES OF HONGKONG: [A,D, 1889. (2.) Notice in writing of every such action and of the cause thereof shall be given to the intended defendant one month at least before the commencement thereof.
(3.) In any
such action the defendant may answer that the act com- plained of was done in pursuance or execution or intended execution of this Part, and give this section and the special matter in evidence at any trial to be had thereupon.
(4.) The plaintiff shall not recover. if tender of sufficient amends is made before action brought, or if, after action brought, a sufficient sum of money is paid into Court by or on behalf of the defendant.
(5.) If judgment is given for the de fendant or the plaintiff becomes nonsuit or discontinues the action after a defence has been put in, the defendant shall recover his costs, and shall have the like remedy for the same as any defendant has by law for costs in other cases.
(6.) If judgment is given for the plaintiff, he shall not have costs against the defendant, unless the Judge before whom the trial is had certifies his approbation of the action.
82. No proceeding shall be instituted for any offence against the pro- visions of this Part, or for any forfeiture thereunder, except at the suit or prosecution, or with the consent, of the Attorney General.
83. It shall be lawful for the Governor, in his discretion, to grant licences, in manner hereinafter provided and to such persons as he thinks fit, to do any of the acts following; that is to say--
(1.) to build, alter, or repair, or agree to build, alter, or repair, or cause to be built, altered, or repaired any ship, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in the conveyance of Chinese emigrants to be embarked at any port or place out of the Colony; or
(2.) to fit out, man, equip, let or take on freight or hire any ship, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in manner aforesaid; or (3.) to despatch or cause to be despatched any ship, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in manner aforesaid; or
(4.) to make advances of
any
money to any ship, or to become secur- ity for such advances, with intent or knowledge, or having rea- sonable cause to believe, that the same will be employed in manner aforesaid; or
(5.) to despatch, or cause or allow to be despatched, or command any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe, that such passengers are being carried or intended to be carried to any port or place out of
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