CHINESE EMIGRANT SHIP ORDINANCE, 1873
Title
CHINESE EMIGRANT SHIP ORDINANCE, 1873
Description
Chinese Emigrant Ships.
No. 5 of 1873.
An Ordinance to make further Proision for the Repression of Abuses in
relation to Chinese Emigration.
[6th May, 1873.]
WHEREAS by The Hongkong Emigration Ordinance, 1870,' it is provided.
that
no ' Chinese Passenger Ship' as therein defined shall be laid on for the
conveyance of Chinese, emigrants, unless application shall have been
previously made in
manner therein directed for a licence under the hand. of the Governor and
the seal -of
the Colony; and that no such ship shall clear out or proceed to sea
unless the master
hereof shall be provided with such licence; And, whereat complaints are
frequently
made that Chinese emigrants embarking. at ports_ar,pl4cea-out of the
Colony are sub,
jected to illtreatmeiit,as well on board ship as at the place of their
destination, and by
reason thereof, it is expedient to provide that no ship intended for the
conveyance of
Chinese emigrants to be embarked from any port or place out of the
Colony, shall
hereafter be built, equipped and fitted out within the Colony without
such licence as is
required under 'The Hongkong Emigration Ordinance, 1870,' knd generally
to make
further prevision for the repression of abuses in relation to Chinese
emigration:- Be it
enacted by the Governor of Hongkong, with the advice of the Legislative
Council
thereof, as follows:--
1. This Ordinance may be cited as `~ The Chinese Emigrant Ship Ordinance,
1873.' s>>ort'utie.
2. In the coustrtiction of this Ordinance, if not inconsistent with the
context, the Interpretation
elnuae.
following terms and expressions shall have the meanings hereinafter
respectively
assigned to them, that is to say:- '
' Master,' shall include any person having the charge or command of a
<<rinster.'
ship;
' Ship,' shall include any vessel or boat ;
' Chinese Passenger Sbip,' shall mean a ship defined by and coming
- under the provisions of ' The Chinese Passengers' Act, 1855;
Chinese Emigrant Ship,' shall mean a ship, not being a Chinese pas-
senger ship, which shall be fitting out in this Colony or intended to he
used
after leaving the waters thereof, for the conveyance of Chinese
emigrants, 'to
be embarked at any port or place out of the Colony;'. '
' Building,' in relation to a ship, shall include the doing any act
towards ~' nnll4sng.'
or incidental to the construction of a ship,. and all words having
relation to
building shall be construed accordingly;
'Equipping,' in relation to a ship, shall include the furnishing a ship
oTQnlpping.'
with any tackle, apparel, furniture, provisions, arms, munitions, or
stores, or . -
any other thing which is used in or about a ship for the purpose of
fitting ox
adapting her for the sea, and all words relating to equipping shall be
construed
accordingly;
' Ship and Equipment,' shall include a ship and everything in or belong-
«ahip and
rnnlprbanz.'
ing toil ship: . . 3. No Chinese emigrant ship shall clear out or proceed
to sea from this Colony 'Licences under
this Ordinance-
uAless the master of such ship shall be provided with a licence under
this Ordinance.
4. No. person shall do any of the acts hereinafter specified in section
9, without 'a llcence from
Governor.
licence from the Governor, or unless the owder, agent, or master of
the.ship:in respect
of which such act_shall be done shall have obtained such licence.
5. Every, such licence sba.ll.be under the band of the Goveraaor.at3d the
public seal Form and con-_
- ditions of -
of the Colony and the grantiyg thereof shall be, in the
disqretion.o;i:;f~e Governor, and '`eenw
« Chinese Pas-,
sengar Shlp.'
tion for licince.
ORDINANCE- No. 5 0Fh8-73.
Chinese Emigrant Ships.
Punishment for
furnishing
untrue particu-
Power to revoke
and cancel
licence.
shall be subject to the payment of such fee to the Crown, and to such
conditions ft
m- in each particular case, be proscribed by the Governor in Council.
ay,
6. Application for such licence shall be made in writing to the Colonial
Secretary,
and shall be transmitted through the emigration officer, and the owner,
agent, or
master of the Chinese emigrant ship in respect of which such licence is
applied for,
shall furnish all particulars as to the destination of the ship, and as
to all matters
relating to the intended voyage and emigration which may, be required of
him.
'?., All such particulars shall, if so ordered, be certified upon oath
before any
Justice of the Peace, and every person who shall knowingly furnish untrue
particulars
shall be liable to imprisonment with or without hard labor, fur any
period not exceeding
six calendar months, and to a fine not exceeding one hundred dollars,
either in addition
to or in substitution of such imprisonment.
$, If it ahaa appear to the satisfaction of the Governor at any time
before the
departure of a Chinese emigrant ahip:-
(1.) That the particulars furnished in relation thereto are untrue; or
(2.) That further particulars have been discovered since the granting of
the
licence; or
(S.) That any condition of the licence has been violated,-
It shall be lawful'=For the Goveruor in 'Council, to revoke or vary the
licence granted;
under this Ordinance in respect of such Chinese emigrant ship and to
order that the-
said ship be seized and detained until the said licence be delivered up
to be cancelled,.
or varied.
9. If any person does any of the following acts within the Colony without
having
obtained a licence from the Governor under this Ordinance, or without any
such licence
as aforesaid having been granted to the owner, agent, or master of the
ship in respect
.of which such act shall be done, or in contravention of the terms of any
such licence=
if g'ranted, that is to sav:-
Builds, alters or repairs, or agrees to build, alter or, repair, or
causes to=
be built, altered or repaired, any ship,, with intent or knowledge, or-
having reasonable cause to believe that the same shall or will be
employed in the conveyance of Chinese emigrants to be embarked
at any port or place out of the Colony; or
Fits out, mans, navigates, equips, uses, lets or takes on freight or hire-
any ship,.or commands, or serves on board any ship, with intent or
knowledge, or having reasonable cause to believe that the same shall or,
will be employed in manner aforesaid; or
Despatches, or causes or allows to be despatched any ship, with intent or
knoWledge, or having reasonable cause to believe that the same shall or
will be employed in manner aforesaid; or
ORDINAhCE.- No; 5 Qr W8.
Chinese Emegrant Shigos..
(4.) Holds or tales any share or interest in,. or makes any advances of
money ,
to any ship, or becomes security for such advances, with intent or
knowledge, or having reasonable cause to believe that the same shall or
will be employed in manner aforesaid; or
(5.) Despatches or causes or allows to be despatched, or commands or
serves
on board any ship carrying Chinese passengers, with the intent or
knowledge, or having reasonable cause to believe that such passengers
are being carried or intended to be carried to any port or place out of
the Colony for tho,'pnrpose of being conveyed therefrom as emigrants
in the same or any other ship; or . .
(6.) Being the master of a Chinese emigrant chip clears out and proceeds
to
sea in such ship,- __
Sucli person shall be deemed to have committed an offence against this
Ordinance, and reh,knr.
the following consequences shall ensue:-
(l.) The offender shall be liable to imprisonment with or without bard
labor
for any term not exceeding two years, and to a fine not exceeding two
thousand dollars, or to either of such punisbnuents at the discretion of
the Court;
(2.) The ship in respect of which any such .offeuee'is committed and her
equipment shall, if within the waters of this Colony, be forfeited to the
Crown. ',
10. Any person who aids, abuts; counsels, =or' p'xocttres--the
commission, =nf~aiiy_ - rnnsan.eni of
acccsbories.
offence against this Ordinance, shall .be liable to be tried and punished
as a principal
-offender.
11. Any Police Magistrate upon being satisfied by information on oath
that there sei.nre, 5earcru
and detention of
is reasonable and probable cause for believing that a ship within the
waters of the en3pettca ships.
Colony has been, or is being built, alterei9, repaired, or equipped, or
is about to be
despatched and taken out to sea contrary to the provisions of this
Ordinance, or that
any other offence against the said provisions has been committed,
rendering the said.
-ship liable to forfeiture, may issue a warrant stating that there is
reasonable and
probable cause for believing as aforesaid, and upon such warrant, the
said ship may be
seized and searched and detained until it has been either condenued or
released by
process of law, or in the manner hereinafter mentioned. Every such
warrant may be Form ofwarrant.
in the form contained in the schedule to this Ordinance.
12. Any officer so , authorized to seize, search and detain any ship .
under: this
Ordinance may, for the purpose of enfqrcing such seizure, search
and,detention, call to
his aid any constable or officers of Police, and may apply for
assistanceao any officers
of Her Majesty's army or navy, or marines, or to the Harbor Master,, Or
any officer
having authority by.law,to make seizures of ships, and may put
a,4y.persons on board
-such ship to take charge of the same, and to enforce the provisions of
this Ordinance,
rowers ofamcer,
authorized to
seize ships.
by ( o'veyuor:~
011DINANCE No: 5 of 1-8.73.
Chinese- Emigrant Shaw
and any officer so authorized as aforesaid, may use force, if necessary,
far the purpose
of enforcing such seizure, search and detention, and if any person is
killed, maimed,
or hurt by reason of bis'resisting such officer in the execution of his
duties, or any
person acting under his orders, or at his request, such officer so
seizing, searching and
detaining the ship, or other person, shall be freely and fully indemni$ed
as well against
the Queen's Majesty, Tier Heirs and.Successors, as against all persons so
killed, maimed,
or.hurt.
,. -13. The Governor may, at any tinie, release any ship seized and
detained under
this-Ordinance, notwithstanding her forfeiture by the sentence of the
Supreme Court;
on the owner or agent giving security to the satisfactiou of the Governor
that the ship
shall not be employed contrary:to this Ordinance, or may'release the ship
without such
security if the Governor think fit so to release the same. ,
14~ The owner of theship seized and detained under this Ordinance, or his
agent,
may apply by petition to the Supreme Court for its release. _
16. The Crown Solicitor shall, upon the seizure of any ship as aforesaid,
cite the
owners or their agents in the Colony by a notice which may be in the form
contained '
,i°tt-tlia schedale 'to thin Ordinance, to appear before the Supreme
Court to show cause
hy't:he said.ship, should not be condemned and forfeited to the Crown for
breach of'y'
heir'li~xts-of this.Qrdai-rianee, and in vase there shall be no owner of
the said ski.-~`
inth4 0ol6iy, nor aziy, agent of'such owner, the said notice shall be.
published twiee;i~'
the Gazette, and such publipation shall be equivalent to personal service
of the citation:--'
16, On the day appointed for the hearing of any'petition for the
reldase~bf tbe.
ship, or for the appearance of the owners or their agents in the Colony
in obedienceIo,
a citation to show cause why the same should not be forfeited, the Court
Aball.pxlo6e4d
to, enquire into the matter and to make such orders as nay, be necessary
to put the-
matter of the ,seizure and detention of, the ship in course of trial
between the owner
I Kind the Crown. ,
The Court may, if it shall think fit, direct a written statement and
answer and any
additional pleading to, be filed, and, may in its discretion receive,
evidence orally ,or : vy
adavit, or partly orally and,partly by affidavit, and may determine all
questions ~a
aet:as well as of law, or may, of its own motion, or on the application
of either, party,
iliie'iit a,-jury to be empanelled for the determination of any question,
of fact.
The -Court may frame issues of law and of fact, and generally may
exercise the
same powers and authorities as on the trial of any other suit, causey or
matter, within
its ordinary jurisdiction:
The Court may alsb,=during or before the said proceedings,- grant-Bene'h
warrants..
for =the entering and ''sea thing of any ship or tenement within =t$e'
jarisdictiot'aiac'l
1°lie -seizure of any papdrs or `documents which may be found'thepein
resnooti-*ely,=bv-
fiioy~ summon any person to'appear before the Court, acid to produce -any
papers -at'1
mmy ivtercbgate such persons vii oath t4achingthe subject mattefr6f
ORDINANCE -No, Z 0v~ I89'1.
Chinese. Emigrant-_.hips:
17. Whenever any person shall bave~ been convicted before the Supreme
Court
of au offence against this Ordinance, the evidence taken upon the trial
of such offender
shall be received in evidence, in any proceedings instituted, for the
forfeiture or
release of the ship in respect of which such offence shall have 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.
18. The fact of a ship being apparently fitted and equipped, or in course
of
being fitted and equipped within the waters of the Colony for the
conveyance of,
Chinese emigrants shall, if the owner, agent, or master shall not have
obtained, a;-
liceuce from the.Governor under this Ordinance, or under 'The Hongkong
Emigration
Ordinance, 1870,' be pram('a facie evidence that sucb ship is intended
for the conveyaitee
of Chinese emigrants to be embarked at some port or place out of the
Colony,
19. If on the bearing of the proceedings for the forfeiture or release of
a ship
seized under this Ordinance it shall be established to the satisfaction
of the Court that
(no offence has been committed: repealed by Ordinance No. 10 of 1873 ct=
words, substituted]
in respect of such ship against the provisions of this Ordinance
rendering such ship
liable to forfeiture, the ship shall be released and restored to the
owners thereof or
their agents.
20. If on the hearing of the said proceedings it shall be establisbed to
the;
satisfaction of the Court that an of once (''the ofewe charged' as
amended by Ordinance
No. 10 of 1878] has been committed in respect of'such ship rendering the
same liable..
to forfeiture under this Ordinance, the Court shall declare such.ehip
to.b pq eitedASi
the Crown.
21. It shall be lawful for the Court to impose such a pecuniary penalty
as to- the
Court shall seeru fit, in lieu of condemning the ship, and in such case
to cause the
ship to be detained until the penalty is paid, and to cause any penalty
so imposed t,:
be applied in the same manner in which the' proceeds of the said ship, if
condemned
by order of the Court and sold, would have been applicable. '
22. The costs of all proceedings for the forfeiture or release of a ship,
shall be om3.
in the discretion of the Court.
23. If the Court'be o£ opinion that there was not reasonable and probable
cause; i«f.;--nsty
for the seizure or detention, and if no such cause appear in the course
of the proceed- '
ings, the Court shall have power to dbclare that the owner is to be
indemnified by
the payment of costs and damages in respect of the seizure or detention,
the amount
thereof to be assessed by the Court, and any amount so assessed shall be
payable- by
the' Treasury out of the general revenues of the Colony.
24. Every ship forfeited to the Crown for breach of the provisions of
this Ordi-
nanee may be sold by public auction or private contract, and may be
transferred to
the purchaser by bill of sale under the hand of the Governor, and the
seal, of the
Colony; and the net proceeds of such sale shall be paid into the Colonial
Treasure
for the use of the Crown.
FvjdR$tCe ol'.
againEihe -
uerrn far and
xgains$-EhC
shay.
Itpleae eFsaij
b,t the 4ourt-.
<`lndthtruRtlou
at ~trq,h;-
ORDTNANCE No. 5 of 1873.
'Chinese Emigrant Ships.
25. Subject to the provisions of this Ordinance providing for the award of
dlZtzzagea in certain cases in respect of the seizure or detention of a
ship by the Court,
n:' damages shall be payable, and no Magistrate, public officer, or
other person
acting under his orders or at his request, shall be responsible, either
civilly or
crirzriually, in respect of the seizure or detention of any ship in
pursuance of this
Ordinance.
26. No proceedings, other than the issue of a warrant for the seizure of
a ship,
or for the apprehension of an offender, shall be instituted for any
offence against the
provisions of this Ordinance, except at the suit or prosecution of, or
with the consent
of the ..Attorney General.
``,~7. This Ordinance shalll not come into operation until Her Majesty's
confir-
rna.tion thereof shall have been proclaimed in the Colony by the Governor.
(SCHEDULE.)
.hbrnz of narrant under section 11.
'THE CHINESE EMIGRANT SHIF ORI)IRTANCJ:, 1873.'
I
to ~y Td-'
wit.
LVltexeas it has been made to appear to my satisfaction by information on
oath that there is
rursnn a1>l6 and probable cause for'believing that an offence has been
committed against the provisions
of the ,Jove Ordinance in respect of the ship
t.h;.. C. ;.-jny rendering the said ship liable to forfeiture,-
is therefore to command you in Her Majesty's Name forthwith to seine the
said ship wherever
he may be lying within the waters of this Colony, and to search the said
ship and her equipment, and
to <:fctaitthe same in your charge and custody until the forfeiture or
release thereof, according to law,
for which this shall be your warrant.
Oivun under my hand and seal at the Magistrates' Court of this Colony,
this
tiav of
now lying in the waters of
The, (lay of
in the year of our Lord, 18
Form of citation under section 15.
IN THE SUPREME COURT OF HONGRONG..
18
Police 1(agistrau.
In re The ' .
7.'aire notice that under and in pursuance of °' The Chinese Emigrant
Ship Ordinance, 1873,' you are
hm°cby cited to'appcair before the Supreme Court on the day of to show
caur;E; why the above-namgd strip and her equipment should not be
forfeited -to the Crown for breach of
r h<> pro; isions o£ the said Ordinance: ,
To the owners of
the ship ' '
or their agents.
fonfirmation proclainzed 2nd August, 1878: repealed by Ordinance 11'c. 5
of
1874. ' See also Ordinance 11%0. 3 of 1874.E
1162
Title.
Preamble.
No. 4 of 1870.
1163
Short title.
Interpretation clause.
'Master.'
'Ship.'
'Chinese Passenger Ship.'
'Chinese Emigrant Ship.'
'Building.'
'Equipping.'
'Ship and Eqiupment.'
Licences under this Ordinance.
Licences from Governor.
Form and condition of licence.
1164
Mode of application for licence.
Punishment for furnishing untrue particulars.
Power to revoke andcancel licence.
Building repairing equipping, despatching, selling, hiring, &c., &c., without licence.
1165
Penalty.
Punishment of accessories.
Seizure, search, and detention of suspected ships.
Form of warrant.
Powers of officers authorized to seize ships.
1166
Release of ship by Governor.
Petition to Court.
Citation of owners.
Proceedings thereon.
1167
Evidence of convictions.
Regulations as to proceedings against the offender and against the ship.
Burden of proof.
Release of ship by the Court.
Condemnation of ship.
Penalty in lien of fofeiture.
Costs.
Indemnity.
Sale of forfeited ship.
1168
Indemnity to officers.
Prosecution to be by Attorney General.
Suspending clause.
No. 5 of 1873.
An Ordinance to make further Proision for the Repression of Abuses in
relation to Chinese Emigration.
[6th May, 1873.]
WHEREAS by The Hongkong Emigration Ordinance, 1870,' it is provided.
that
no ' Chinese Passenger Ship' as therein defined shall be laid on for the
conveyance of Chinese, emigrants, unless application shall have been
previously made in
manner therein directed for a licence under the hand. of the Governor and
the seal -of
the Colony; and that no such ship shall clear out or proceed to sea
unless the master
hereof shall be provided with such licence; And, whereat complaints are
frequently
made that Chinese emigrants embarking. at ports_ar,pl4cea-out of the
Colony are sub,
jected to illtreatmeiit,as well on board ship as at the place of their
destination, and by
reason thereof, it is expedient to provide that no ship intended for the
conveyance of
Chinese emigrants to be embarked from any port or place out of the
Colony, shall
hereafter be built, equipped and fitted out within the Colony without
such licence as is
required under 'The Hongkong Emigration Ordinance, 1870,' knd generally
to make
further prevision for the repression of abuses in relation to Chinese
emigration:- Be it
enacted by the Governor of Hongkong, with the advice of the Legislative
Council
thereof, as follows:--
1. This Ordinance may be cited as `~ The Chinese Emigrant Ship Ordinance,
1873.' s>>ort'utie.
2. In the coustrtiction of this Ordinance, if not inconsistent with the
context, the Interpretation
elnuae.
following terms and expressions shall have the meanings hereinafter
respectively
assigned to them, that is to say:- '
' Master,' shall include any person having the charge or command of a
<<rinster.'
ship;
' Ship,' shall include any vessel or boat ;
' Chinese Passenger Sbip,' shall mean a ship defined by and coming
- under the provisions of ' The Chinese Passengers' Act, 1855;
Chinese Emigrant Ship,' shall mean a ship, not being a Chinese pas-
senger ship, which shall be fitting out in this Colony or intended to he
used
after leaving the waters thereof, for the conveyance of Chinese
emigrants, 'to
be embarked at any port or place out of the Colony;'. '
' Building,' in relation to a ship, shall include the doing any act
towards ~' nnll4sng.'
or incidental to the construction of a ship,. and all words having
relation to
building shall be construed accordingly;
'Equipping,' in relation to a ship, shall include the furnishing a ship
oTQnlpping.'
with any tackle, apparel, furniture, provisions, arms, munitions, or
stores, or . -
any other thing which is used in or about a ship for the purpose of
fitting ox
adapting her for the sea, and all words relating to equipping shall be
construed
accordingly;
' Ship and Equipment,' shall include a ship and everything in or belong-
«ahip and
rnnlprbanz.'
ing toil ship: . . 3. No Chinese emigrant ship shall clear out or proceed
to sea from this Colony 'Licences under
this Ordinance-
uAless the master of such ship shall be provided with a licence under
this Ordinance.
4. No. person shall do any of the acts hereinafter specified in section
9, without 'a llcence from
Governor.
licence from the Governor, or unless the owder, agent, or master of
the.ship:in respect
of which such act_shall be done shall have obtained such licence.
5. Every, such licence sba.ll.be under the band of the Goveraaor.at3d the
public seal Form and con-_
- ditions of -
of the Colony and the grantiyg thereof shall be, in the
disqretion.o;i:;f~e Governor, and '`eenw
« Chinese Pas-,
sengar Shlp.'
tion for licince.
ORDINANCE- No. 5 0Fh8-73.
Chinese Emigrant Ships.
Punishment for
furnishing
untrue particu-
Power to revoke
and cancel
licence.
shall be subject to the payment of such fee to the Crown, and to such
conditions ft
m- in each particular case, be proscribed by the Governor in Council.
ay,
6. Application for such licence shall be made in writing to the Colonial
Secretary,
and shall be transmitted through the emigration officer, and the owner,
agent, or
master of the Chinese emigrant ship in respect of which such licence is
applied for,
shall furnish all particulars as to the destination of the ship, and as
to all matters
relating to the intended voyage and emigration which may, be required of
him.
'?., All such particulars shall, if so ordered, be certified upon oath
before any
Justice of the Peace, and every person who shall knowingly furnish untrue
particulars
shall be liable to imprisonment with or without hard labor, fur any
period not exceeding
six calendar months, and to a fine not exceeding one hundred dollars,
either in addition
to or in substitution of such imprisonment.
$, If it ahaa appear to the satisfaction of the Governor at any time
before the
departure of a Chinese emigrant ahip:-
(1.) That the particulars furnished in relation thereto are untrue; or
(2.) That further particulars have been discovered since the granting of
the
licence; or
(S.) That any condition of the licence has been violated,-
It shall be lawful'=For the Goveruor in 'Council, to revoke or vary the
licence granted;
under this Ordinance in respect of such Chinese emigrant ship and to
order that the-
said ship be seized and detained until the said licence be delivered up
to be cancelled,.
or varied.
9. If any person does any of the following acts within the Colony without
having
obtained a licence from the Governor under this Ordinance, or without any
such licence
as aforesaid having been granted to the owner, agent, or master of the
ship in respect
.of which such act shall be done, or in contravention of the terms of any
such licence=
if g'ranted, that is to sav:-
Builds, alters or repairs, or agrees to build, alter or, repair, or
causes to=
be built, altered or repaired, any ship,, with intent or knowledge, or-
having reasonable cause to believe that the same shall or will be
employed in the conveyance of Chinese emigrants to be embarked
at any port or place out of the Colony; or
Fits out, mans, navigates, equips, uses, lets or takes on freight or hire-
any ship,.or commands, or serves on board any ship, with intent or
knowledge, or having reasonable cause to believe that the same shall or,
will be employed in manner aforesaid; or
Despatches, or causes or allows to be despatched any ship, with intent or
knoWledge, or having reasonable cause to believe that the same shall or
will be employed in manner aforesaid; or
ORDINAhCE.- No; 5 Qr W8.
Chinese Emegrant Shigos..
(4.) Holds or tales any share or interest in,. or makes any advances of
money ,
to any ship, or becomes security for such advances, with intent or
knowledge, or having reasonable cause to believe that the same shall or
will be employed in manner aforesaid; or
(5.) Despatches or causes or allows to be despatched, or commands or
serves
on board any ship carrying Chinese passengers, with the intent or
knowledge, or having reasonable cause to believe that such passengers
are being carried or intended to be carried to any port or place out of
the Colony for tho,'pnrpose of being conveyed therefrom as emigrants
in the same or any other ship; or . .
(6.) Being the master of a Chinese emigrant chip clears out and proceeds
to
sea in such ship,- __
Sucli person shall be deemed to have committed an offence against this
Ordinance, and reh,knr.
the following consequences shall ensue:-
(l.) The offender shall be liable to imprisonment with or without bard
labor
for any term not exceeding two years, and to a fine not exceeding two
thousand dollars, or to either of such punisbnuents at the discretion of
the Court;
(2.) The ship in respect of which any such .offeuee'is committed and her
equipment shall, if within the waters of this Colony, be forfeited to the
Crown. ',
10. Any person who aids, abuts; counsels, =or' p'xocttres--the
commission, =nf~aiiy_ - rnnsan.eni of
acccsbories.
offence against this Ordinance, shall .be liable to be tried and punished
as a principal
-offender.
11. Any Police Magistrate upon being satisfied by information on oath
that there sei.nre, 5earcru
and detention of
is reasonable and probable cause for believing that a ship within the
waters of the en3pettca ships.
Colony has been, or is being built, alterei9, repaired, or equipped, or
is about to be
despatched and taken out to sea contrary to the provisions of this
Ordinance, or that
any other offence against the said provisions has been committed,
rendering the said.
-ship liable to forfeiture, may issue a warrant stating that there is
reasonable and
probable cause for believing as aforesaid, and upon such warrant, the
said ship may be
seized and searched and detained until it has been either condenued or
released by
process of law, or in the manner hereinafter mentioned. Every such
warrant may be Form ofwarrant.
in the form contained in the schedule to this Ordinance.
12. Any officer so , authorized to seize, search and detain any ship .
under: this
Ordinance may, for the purpose of enfqrcing such seizure, search
and,detention, call to
his aid any constable or officers of Police, and may apply for
assistanceao any officers
of Her Majesty's army or navy, or marines, or to the Harbor Master,, Or
any officer
having authority by.law,to make seizures of ships, and may put
a,4y.persons on board
-such ship to take charge of the same, and to enforce the provisions of
this Ordinance,
rowers ofamcer,
authorized to
seize ships.
by ( o'veyuor:~
011DINANCE No: 5 of 1-8.73.
Chinese- Emigrant Shaw
and any officer so authorized as aforesaid, may use force, if necessary,
far the purpose
of enforcing such seizure, search and detention, and if any person is
killed, maimed,
or hurt by reason of bis'resisting such officer in the execution of his
duties, or any
person acting under his orders, or at his request, such officer so
seizing, searching and
detaining the ship, or other person, shall be freely and fully indemni$ed
as well against
the Queen's Majesty, Tier Heirs and.Successors, as against all persons so
killed, maimed,
or.hurt.
,. -13. The Governor may, at any tinie, release any ship seized and
detained under
this-Ordinance, notwithstanding her forfeiture by the sentence of the
Supreme Court;
on the owner or agent giving security to the satisfactiou of the Governor
that the ship
shall not be employed contrary:to this Ordinance, or may'release the ship
without such
security if the Governor think fit so to release the same. ,
14~ The owner of theship seized and detained under this Ordinance, or his
agent,
may apply by petition to the Supreme Court for its release. _
16. The Crown Solicitor shall, upon the seizure of any ship as aforesaid,
cite the
owners or their agents in the Colony by a notice which may be in the form
contained '
,i°tt-tlia schedale 'to thin Ordinance, to appear before the Supreme
Court to show cause
hy't:he said.ship, should not be condemned and forfeited to the Crown for
breach of'y'
heir'li~xts-of this.Qrdai-rianee, and in vase there shall be no owner of
the said ski.-~`
inth4 0ol6iy, nor aziy, agent of'such owner, the said notice shall be.
published twiee;i~'
the Gazette, and such publipation shall be equivalent to personal service
of the citation:--'
16, On the day appointed for the hearing of any'petition for the
reldase~bf tbe.
ship, or for the appearance of the owners or their agents in the Colony
in obedienceIo,
a citation to show cause why the same should not be forfeited, the Court
Aball.pxlo6e4d
to, enquire into the matter and to make such orders as nay, be necessary
to put the-
matter of the ,seizure and detention of, the ship in course of trial
between the owner
I Kind the Crown. ,
The Court may, if it shall think fit, direct a written statement and
answer and any
additional pleading to, be filed, and, may in its discretion receive,
evidence orally ,or : vy
adavit, or partly orally and,partly by affidavit, and may determine all
questions ~a
aet:as well as of law, or may, of its own motion, or on the application
of either, party,
iliie'iit a,-jury to be empanelled for the determination of any question,
of fact.
The -Court may frame issues of law and of fact, and generally may
exercise the
same powers and authorities as on the trial of any other suit, causey or
matter, within
its ordinary jurisdiction:
The Court may alsb,=during or before the said proceedings,- grant-Bene'h
warrants..
for =the entering and ''sea thing of any ship or tenement within =t$e'
jarisdictiot'aiac'l
1°lie -seizure of any papdrs or `documents which may be found'thepein
resnooti-*ely,=bv-
fiioy~ summon any person to'appear before the Court, acid to produce -any
papers -at'1
mmy ivtercbgate such persons vii oath t4achingthe subject mattefr6f
ORDINANCE -No, Z 0v~ I89'1.
Chinese. Emigrant-_.hips:
17. Whenever any person shall bave~ been convicted before the Supreme
Court
of au offence against this Ordinance, the evidence taken upon the trial
of such offender
shall be received in evidence, in any proceedings instituted, for the
forfeiture or
release of the ship in respect of which such offence shall have 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.
18. The fact of a ship being apparently fitted and equipped, or in course
of
being fitted and equipped within the waters of the Colony for the
conveyance of,
Chinese emigrants shall, if the owner, agent, or master shall not have
obtained, a;-
liceuce from the.Governor under this Ordinance, or under 'The Hongkong
Emigration
Ordinance, 1870,' be pram('a facie evidence that sucb ship is intended
for the conveyaitee
of Chinese emigrants to be embarked at some port or place out of the
Colony,
19. If on the bearing of the proceedings for the forfeiture or release of
a ship
seized under this Ordinance it shall be established to the satisfaction
of the Court that
(no offence has been committed: repealed by Ordinance No. 10 of 1873 ct=
words, substituted]
in respect of such ship against the provisions of this Ordinance
rendering such ship
liable to forfeiture, the ship shall be released and restored to the
owners thereof or
their agents.
20. If on the hearing of the said proceedings it shall be establisbed to
the;
satisfaction of the Court that an of once (''the ofewe charged' as
amended by Ordinance
No. 10 of 1878] has been committed in respect of'such ship rendering the
same liable..
to forfeiture under this Ordinance, the Court shall declare such.ehip
to.b pq eitedASi
the Crown.
21. It shall be lawful for the Court to impose such a pecuniary penalty
as to- the
Court shall seeru fit, in lieu of condemning the ship, and in such case
to cause the
ship to be detained until the penalty is paid, and to cause any penalty
so imposed t,:
be applied in the same manner in which the' proceeds of the said ship, if
condemned
by order of the Court and sold, would have been applicable. '
22. The costs of all proceedings for the forfeiture or release of a ship,
shall be om3.
in the discretion of the Court.
23. If the Court'be o£ opinion that there was not reasonable and probable
cause; i«f.;--nsty
for the seizure or detention, and if no such cause appear in the course
of the proceed- '
ings, the Court shall have power to dbclare that the owner is to be
indemnified by
the payment of costs and damages in respect of the seizure or detention,
the amount
thereof to be assessed by the Court, and any amount so assessed shall be
payable- by
the' Treasury out of the general revenues of the Colony.
24. Every ship forfeited to the Crown for breach of the provisions of
this Ordi-
nanee may be sold by public auction or private contract, and may be
transferred to
the purchaser by bill of sale under the hand of the Governor, and the
seal, of the
Colony; and the net proceeds of such sale shall be paid into the Colonial
Treasure
for the use of the Crown.
FvjdR$tCe ol'.
againEihe -
uerrn far and
xgains$-EhC
shay.
Itpleae eFsaij
b,t the 4ourt-.
<`lndthtruRtlou
at ~trq,h;-
ORDTNANCE No. 5 of 1873.
'Chinese Emigrant Ships.
25. Subject to the provisions of this Ordinance providing for the award of
dlZtzzagea in certain cases in respect of the seizure or detention of a
ship by the Court,
n:' damages shall be payable, and no Magistrate, public officer, or
other person
acting under his orders or at his request, shall be responsible, either
civilly or
crirzriually, in respect of the seizure or detention of any ship in
pursuance of this
Ordinance.
26. No proceedings, other than the issue of a warrant for the seizure of
a ship,
or for the apprehension of an offender, shall be instituted for any
offence against the
provisions of this Ordinance, except at the suit or prosecution of, or
with the consent
of the ..Attorney General.
``,~7. This Ordinance shalll not come into operation until Her Majesty's
confir-
rna.tion thereof shall have been proclaimed in the Colony by the Governor.
(SCHEDULE.)
.hbrnz of narrant under section 11.
'THE CHINESE EMIGRANT SHIF ORI)IRTANCJ:, 1873.'
I
to ~y Td-'
wit.
LVltexeas it has been made to appear to my satisfaction by information on
oath that there is
rursnn a1>l6 and probable cause for'believing that an offence has been
committed against the provisions
of the ,Jove Ordinance in respect of the ship
t.h;.. C. ;.-jny rendering the said ship liable to forfeiture,-
is therefore to command you in Her Majesty's Name forthwith to seine the
said ship wherever
he may be lying within the waters of this Colony, and to search the said
ship and her equipment, and
to <:fctaitthe same in your charge and custody until the forfeiture or
release thereof, according to law,
for which this shall be your warrant.
Oivun under my hand and seal at the Magistrates' Court of this Colony,
this
tiav of
now lying in the waters of
The, (lay of
in the year of our Lord, 18
Form of citation under section 15.
IN THE SUPREME COURT OF HONGRONG..
18
Police 1(agistrau.
In re The ' .
7.'aire notice that under and in pursuance of °' The Chinese Emigrant
Ship Ordinance, 1873,' you are
hm°cby cited to'appcair before the Supreme Court on the day of to show
caur;E; why the above-namgd strip and her equipment should not be
forfeited -to the Crown for breach of
r h<> pro; isions o£ the said Ordinance: ,
To the owners of
the ship ' '
or their agents.
fonfirmation proclainzed 2nd August, 1878: repealed by Ordinance 11'c. 5
of
1874. ' See also Ordinance 11%0. 3 of 1874.E
1162
Title.
Preamble.
No. 4 of 1870.
1163
Short title.
Interpretation clause.
'Master.'
'Ship.'
'Chinese Passenger Ship.'
'Chinese Emigrant Ship.'
'Building.'
'Equipping.'
'Ship and Eqiupment.'
Licences under this Ordinance.
Licences from Governor.
Form and condition of licence.
1164
Mode of application for licence.
Punishment for furnishing untrue particulars.
Power to revoke andcancel licence.
Building repairing equipping, despatching, selling, hiring, &c., &c., without licence.
1165
Penalty.
Punishment of accessories.
Seizure, search, and detention of suspected ships.
Form of warrant.
Powers of officers authorized to seize ships.
1166
Release of ship by Governor.
Petition to Court.
Citation of owners.
Proceedings thereon.
1167
Evidence of convictions.
Regulations as to proceedings against the offender and against the ship.
Burden of proof.
Release of ship by the Court.
Condemnation of ship.
Penalty in lien of fofeiture.
Costs.
Indemnity.
Sale of forfeited ship.
1168
Indemnity to officers.
Prosecution to be by Attorney General.
Suspending clause.
Abstract
1162
Title.
Preamble.
No. 4 of 1870.
1163
Short title.
Interpretation clause.
'Master.'
'Ship.'
'Chinese Passenger Ship.'
'Chinese Emigrant Ship.'
'Building.'
'Equipping.'
'Ship and Eqiupment.'
Licences under this Ordinance.
Licences from Governor.
Form and condition of licence.
1164
Mode of application for licence.
Punishment for furnishing untrue particulars.
Power to revoke andcancel licence.
Building repairing equipping, despatching, selling, hiring, &c., &c., without licence.
1165
Penalty.
Punishment of accessories.
Seizure, search, and detention of suspected ships.
Form of warrant.
Powers of officers authorized to seize ships.
1166
Release of ship by Governor.
Petition to Court.
Citation of owners.
Proceedings thereon.
1167
Evidence of convictions.
Regulations as to proceedings against the offender and against the ship.
Burden of proof.
Release of ship by the Court.
Condemnation of ship.
Penalty in lien of fofeiture.
Costs.
Indemnity.
Sale of forfeited ship.
1168
Indemnity to officers.
Prosecution to be by Attorney General.
Suspending clause.
Title.
Preamble.
No. 4 of 1870.
1163
Short title.
Interpretation clause.
'Master.'
'Ship.'
'Chinese Passenger Ship.'
'Chinese Emigrant Ship.'
'Building.'
'Equipping.'
'Ship and Eqiupment.'
Licences under this Ordinance.
Licences from Governor.
Form and condition of licence.
1164
Mode of application for licence.
Punishment for furnishing untrue particulars.
Power to revoke andcancel licence.
Building repairing equipping, despatching, selling, hiring, &c., &c., without licence.
1165
Penalty.
Punishment of accessories.
Seizure, search, and detention of suspected ships.
Form of warrant.
Powers of officers authorized to seize ships.
1166
Release of ship by Governor.
Petition to Court.
Citation of owners.
Proceedings thereon.
1167
Evidence of convictions.
Regulations as to proceedings against the offender and against the ship.
Burden of proof.
Release of ship by the Court.
Condemnation of ship.
Penalty in lien of fofeiture.
Costs.
Indemnity.
Sale of forfeited ship.
1168
Indemnity to officers.
Prosecution to be by Attorney General.
Suspending clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/316
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 5 of 1873
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE EMIGRANT SHIP ORDINANCE, 1873,” Historical Laws of Hong Kong Online, accessed January 26, 2025, https://oelawhk.lib.hku.hk/items/show/316.
