1901_CHINESE_EMIGRATION_ORDINANCE__1889 — Page 23

A.D. 1889.]

CHINESE EMIGRATION.

[No. 1.

615

or detention of a ship, no damages shall be payable, and no public officer or detaining

ship. or other person acting under his order or at his request shall be respons- ible, either civilly or criminally, in respect of the seizure or detention of any ship in pursuance of section 89.

Attorney

106. No proceedings, other than the issue of a warrant for the seizure Prosecution of a ship or for the apprehension of an offender, shall be instituted for to be by any offence against the provisions of sections 83 and 84, except at the General. suit or prosecution or with the consent of the Attorney General.

PART III.

MISCELLANEOUS PROVISIONS.

OE XXX/3q

imprisonment

107. Every person who, by force, intimidation, or fraud, imprisons Unlawful or detains any man or boy within the Colony, for the purpose of emigra- or detention. tion or for any other purpose whatsoever, shall be guilty of a misde- meanor, and, being convicted thereof, shall be liable to the punishment hereinafter provided.

away from

108. Every person who, by force, intimidation, or fraud, brings, leads, Decoying takes, decoys, or entices any man or boy into or away from the Colony, person into or for the purpose of emigration or for any other purpose whatsoever, the Colony. shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to the punishment hereinafter provided.

for offences.

109. Every person convicted of any offence against the provisions of Punishment section 107 or section 108 shall be liable to imprisonment, with or with- out hard labour, for any term not exceeding two years: Provided always that if the case is determined by a single Magistrate, he shall not impose a heavier sentence than one year's imprisonment, with or without hard larbour, and that, where there appears a necessity for a heavier sentence, the case shall be determined by two Magistrates, sitting together, or, in their discretion, committed for trial at the Supreme Court.

110. Whenever any person is convicted, either summarily or before the Supreme Court, of any offence against the provisions of section 107 or section 108, if it is proved that the offender has been previously convicted, either summarily or before the Supreme Court, of an offence against the provisions of either of the said sections, it shall be lawful for the Court, in its discretion to direct that, in addition to the punish- ment hereinbefore prescribed, the offender, if a male, be once, twice, or thrice whipped.

Punishment

of whipping on second

and subse-

quent convic- tions.