1912_CHINESE_EMIGRATION_ORDINANCE__1889 — Page 23

CHINESE EMIGRATION.

No. 1 of 1889.

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96. Whenever any person has been convicted before the Supreme Evidence of Court of an offence against sections 83 and 84, the evidence conviction

in proceeding

taken on the trial of such offender shall be received in evidence for forfei ture, etc. in any proceedings instituted for the forfeiture or release of the ship in respect of which such offence has 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.

evidence of

97. The fact of a ship being apparently fitted and equipped, Presumptive or in course of being fitted and equipped, within the waters of the character of Colony, for the conveyance of Chinese emigrants shall, if the ship. owner, agent, or master has not obtained a licence from the Governor as required by section 83, or under section 6, be primá 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.

98. If, on the hearing of the said proceedings for the forfeiture Release of

ship by the or release of a ship seized under section 89, it is established, to Court. the satisfaction of the Court, that the offence charged has not been committed in respect of such ship against the provisions of section 83 rendering such ship liable to forfeiture, the ship shall be released and restored to the owners thereof or their agents.

tion of ship.

*

99. If, on the hearing of the proceedings, it is established, to Condemna- the satisfaction of the Court, that the offence charged has been committed in respect of such ship against the provisions of section. 83 rendering such ship liable to forfeiture, the Court shall declare such ship to be forfeited.

100. It shall be lawful for the Court to impose such a pecuniary Imposition of penality penalty as to the Court may seem fit, in lieu of condemning the

in lieu of ship, and in such case to cause the ship to be detained until the forfeiture. penalty has been paid, and to cause any penalty so imposed to be applied in the same manner in which the proceeds of the ship, if condemned by order of the Court and sold, would have been applicable.

proceedings.

101. The costs of all proceedings for the forfeiture or release of Costs of a ship shall be in the discretion of the Court.

*As amended by No. 62 of 1911.

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