the-ordinances-of-the-legislative-counci-1890 — Page 208

172 ORDINANCE No. 1 OF 1846 .


Trading in China.


No. 1 of 1846.

Title. 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 ."

23rd January, 1846. ]
Preamble.
HEREAS it is expedient that the said Ordinance, No. 9 of 1844, should be
W 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 :
No vessel to be 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with
seized at sea at a
greater distance the advice of the Legislative Council thereof, that no vessel shall be seized or detained
than one hundred
miles from the
coast of China. in pursuance of the provisions of the said Ordinance, at sea, at a greater distance than
one hundred miles from the coast of China.
Definition ofthe 2. And be it further enacted , that the terms " ships or vessels sailing under the
term ships or
vessels sailing
under the British British flag," used in the said ordinance, shall be held solely to mean and include
flag.
British vessels navigated according to law, or vessels British owned, and provided with
sailing letters from the Government of Hongkong.
Provisions as to 3. And be it enacted, that the power given by the said Ordinance, of selling ships
the sale of vessels
discharged of or vessels discharged of bills of sale, transfers, or mortgages, made or executed under
bills ofsale, trans
fers, or mortga
ges. 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.

Provision as to 4. And be it further enacted and ordained , that no vessel shall be seized or
seizure of vessels.
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 .
Penalties,how 5. And be it further enacted, that all penalties and forfeitures which may have
recovered.
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