the-ordinances-of-the-legislative-counci-1890 — Page 48

12 ORDINANCE No. 4 OF 1844 .


Merchant Shipping.


Penalty for not 3. And be it enacted if any master of such vessel as aforesaid shall neglect for the
entering into
bond or not
giving other space of ten days after his arrival at Hongkong, or after the forfeiture of, or after the
security.
expiration of the space of one year from the previous taking of any such similar bond,
or shall at any time upon lawful demand made by the said Superintendent of Trade for
such other security, or by such officers as aforesaid for such bond, neglect or refuse to
enter into the same, or to provide such sureties or other security as aforesaid, that it
shall be lawful for the said Superintendent of Trade, or for such officers as aforesaid, to
arrest and detain such master and the vessel commanded by him , until such time as
the said demand shall be complied with, and also summarily to impose on the said
master a fine not exceeding the sum of one hundred dollars, to be paid to Her Majesty
Her Heirs and Successors for the public purposes of the Colony of Hongkong, and in
case of nonpayment thereof, to forthwith cause the same to be levied of the apparel
boats tackle or furniture of the vessel commanded by the said master.

Master and ship 4. And be it enacted that the said master and the said ship whilst so detained or
detained to be
liable as if bond
entered into. arrested shall be subject in every respect to the same liabilities as if such bond or other
security had been duly entered into.

Proceedings 5. And be it enacted, upon any complaint made of any injury, either in person or
against the crew
of any ship not property, sustained from the act of any of the crew of any vessel belonging to Her
in port, damages
to be paid by Majesty's subjects done or committed within Hongkong or the dominions of the
sureties in bond
or other security .
Emperor of China, or within 100 miles from the coast of China which said vessel
shall not then be in Hongkong or in any port in China at which a British Consular
establishment may exist, and in respect whereof such bond or other security as afore
said shall have been entered into, that it shall be lawful for any competent tribunals
to summon the sureties in such bond or other security as aforesaid to appear and
answer such complaint, and thereupon to proceed to enquire of hear and determine
the same in the absence of the party alleged to have committed the injury complained
of, and to award such damages, (to be paid and borne by the sureties in the bond or
other security aforesaid) to such injured party, as may be just and reasonable. Provided
always that such adjudication shall not be pleadable in bar of any criminal proceeding ,
instituted in respect of the subject matter thereof, and that no such complaint shall be
inquired of or heard unless it shall clearly appear that the party preferring the same
has used all possible diligence in so doing whilst such vessel was in port, and that no
such adjudication of damages or compensation shall be made, if the said sureties show
special cause for delaying the same, or shall undertake to produce the party alleged to
have committed the injury complained of, within a reasonable time to be then fixed by
such tribunal as aforesaid.

Bond or other 6. And be it enacted, that upon any such bond or other security as herein
security to beput
in suit and whole mentioned becoming forfeited, the same shall be put in suit by such person as may
penalty levied.
Superintendent hereafter be duly authorized in that behalf by the said Superintendent of Trade, and the
at his discretion
to return part
thereof. whole penalty thereof recovered and levied, but that it shall be lawful for the Superin
tendent of Trade aforesaid, upon petition being made to him to that effect, to order that