the-ordinances-of-the-legislative-counci-1890 — Page 57

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ORDINANCE No. 9 OF 1844. 21


Restraint of Trade in China.


Her Heirs and Successors a sum not exceeding five hundred dollars, and in default
of payment, shall be liable to be imprisoned, with or without hard labour, for any
period not exceeding three months .

4. And be it enacted that if any person offending as a petty officer, seaman, Seamen giving
information to
marine, or servant, against any one of the provisions of this Ordinance, shall within be indemnitied
and rewarded.
one year after the offence, give information on oath before a competent Magistrate
against any person whatsoever, who shall have committed any offence against this
Ordinance, and shall give evidence on oath against him, before any Magistrate, or
Court, before whom such offender shall be tried , or if such petty officer, seaman,
marine, or servant, so offending, shall give information, so that such offender shall be
convicted, then and in such case, such informer shall receive such part of any forfeited
sum of money as is hereinafter provided , and shall not be liable to any of the pains or
forfeitures provided by this Ordinance.

5. And be it enacted that the Superintendent of the Trade of Her Majesty's Superintendent
of Trade to
subjects in China, and no other person whatsoever, unless duly authorized by him, controlall
proceedings.
shall commence, institute, and conduct all proceedings, for any offence against this
Ordinance, which may be taken in Her Majesty's Courts in Hongkong.

6. And be it enacted that it shall be lawful for the Superintendent of the Trade Superintendent
of Trade to
of Her Majesty's subjects in China, so long as such Superintendent shall also be remit penalties
and to reward
informers and
Governor of the Colony of Hongkong, but not otherwise, to remit wholly, or in part, others.
any penalty or forfeiture provided by this Ordinance, and to award a part nct exceeding

¦ one moiety of any sum forfeited, by any offender convicted under the provisions of this
Ordinance, to any person who shall have given such information or assistance, as shall
have led to the conviction of such offender.

7. And be it enacted, that it shall be lawful for the commanders of any of Her Ships to be
seized.
Majesty's ships , or any other officers duly authorized in that behalf to seize and detain
any ship or vessel sailing under the British flag, the master whereof, shall appear on
sufficient grounds to such commander, or other officer, to have offended against the
provisions of this Ordinance. Provided always that the said commanders of Her
Majesty's ships and others shall be specially instructed and authorized by the
Superintendent of Trade aforesaid, so to do, and that nothing herein contained shall be
construed to give such power as aforesaid , without the said special instructions and
authorization of the said Superintendent of Trade. [Amended by Ordinance No. 1 of 1846. ]

8. And be it further enacted , that all ships or vessels sailing under the British Ships liable to be
sold in satisfac
flag, which shall have been employed in any way so as to offend against the provisions tion ofpenalties
notwithstanding
any transfer of
of this Ordinance shall, together with their cargoes, be liable to be seized and sold , to property therein.
satisfy any penalty incurred by such employment, and that all bills of sale, mortgages,
and other transfers of property therein made, within three months after such vessel
shall have been so unlawfully employed, or within three months from the time of any
suit having been commenced against the owner or master thereof, for any offence