Title. Appropriation of 28,2001. to Civil List. Civil List to exist from 1st August, 1860. with Assigns from this Day until the said Sum of ВЕ One thousand Eight hundred and No. 13. OF 1860. An Ordinance for the Establishment of a Civil List. E it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. There shall be payable in every Year to Her Majesty, Her Heirs and Successors, out of the General Revenue of the Colony of Hongkong, the several Sums, not exceeding in the whole the Sum of TWENTY-EIGHT THOUSAND TWO HUNDRED POUNDS, for defraying the Expense of the several Salaries named in the Schedule A. to this Ordinance annexed; the said several Sums to be issued by the Colonial Treasurer in Discharge of such Warrant or Warrants as shall be from Time to Time directed under the Hand of the Governor. II. This Ordinance shall take effect from the Commencement of the present Month. SCHEDULE A. CIVIL LIST. To be placed at the disposal of Her Majesty for the Salaries of the undermentioned Officers, if Her Majesty shall see fit, otherwise to revert to the General Revenue Service of the Colony. Title. Preamble. [22 Vict. c.32.] Power to Governor to remit Penalties other than those due to Crown. Register to be kept. Licences to be granted. Name, Place of be stated. Remission of Penalties. Registration and Regulation of Boatmen. No. 14. OF 1860. An Ordinance for the Remission of Penalties. [17th August, 1860.] WHEREAS Penalties which under Penal Statutes or Ordi nances are made payable to Parties other than the Crown cannot be remitted by the Governor where no express Provision has been made by the Imperial Statute or Colonial Ordinance for that Purpose, and it is expedient that the Law as to the Remission of such Penalties should be amended and made uniform: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :— I. It shall be lawful for the Governor to remit, in whole or in Part, any Sum of Money which under any Act of the Imperial Legislature, or any Ordinance now in Force or hereafter to be passed in the Colony of Hongkong, may be imposed as a Penalty or Forfeiture on a Convicted Offender, although such Money may be in whole or in Part payable to some Party other than the Crown, and to order the Discharge of any Person who may be imprisoned for Non-payment of any Sum of Money so imposed. No. 15. oF 1860. An Ordinance for the Registration and Regulation of Boatmen and others employed in Licensed Cargo Boats, and for the Survey of such Boats. [17th November, 1860.] E it enacted by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: BE I. The Registrar General shall keep a Book, in which shall be entered the Number, Name, and Place of Abode of every Boatman or other Person employed on Board any Cargo Boat, and which shall be called the "Cargo Boatmen Register" and be admitted as Evidence before all Magistrates having Jurisdiction within the Colony or the Waters thereof. II. Every Boatman or other Person employed in any Capacity on Board any Cargo Boat shall make Application to the Registrar General for a Licence Ticket, which Ticket the Registrar General is hereby empowered to issue, and to demand and take the Sum of Twenty-five Cents for such Ticket, and which Ticket shall have thereon in legible Letters and Figures the Words Cargo Boat," and the Number in consecutive Order of such Licence, and the Year in which issued. III. Every Person applying for a Licence Ticket shall give to the Registrar General a true Account of his Name and Place of Abode; and shall give Notice to the Registrar General whenever he may change his Place of Abode; in Default of his so doing, and on Conviction thereof, his Licence shall become absolutely void and of no Effect, and he shall be liable to a Penalty not Registration and Regulation of Boatmen. not exceeding Twenty Dollars, or to Imprisonment not exceeding Three Months. IV. Every Licence shall be in Force from the First Day of Duration of January until the End of the then current Year, and no longer. Licence. session of a V. Every Person, other than the original Holder, who may be Unlawful Posfound in Possession of any Licence Ticket, shall be liable on Conviction to a Penalty not exceeding Fifty Dollars, or, at the Dis- Ticket. cretion of a Magistrate, to Imprisonment, with Hard Labour, not exceeding Three Months. VI. Every Holder of a Licence Ticket who may accidentally Lost Tickets. lose the same, may, on satisfying the Registrar General that such Loss was occasioned by Accident, obtain another Ticket, which shall be headed "Duplicate Ticket," and for which the Applicant shall pay a Fee of One Dollar. Tickets. VII. Every Person who may counterfeit, or be in Possession Counterfeit of any Counterfeit Licence Ticket, without lawful Excuse, shall, on Conviction, be liable to any Term of Imprisonment not exceeding Twelve Months. VIII. Every Boatman or other Person employed, or who may Working withhave been employed, on Board of any Cargo Boat, who shall not out Ticket. be in Possession of a Licence Ticket, or who shall not produce the same when demanded, shall be liable to a Penalty not exceeding Twenty Dollars, or to Imprisonment not exceeding Six Months. Persons, IX. Every Master or other Person engaged in the working of Employing una Cargo Boat, who may employ, or allow to be employed, any registered unregistered Person on Board thereof, shall, on Conviction, be liable to a Penalty not exceeding Twenty Dollars. session of Goods. X. Every Member of the Police Force duly authorized by the Unlawful PosSuperintendent of Police, every Inspector of Boats, or other Person specially appointed, shall be entitled to enter at any Time, with or without a Search Warrant, on Board of any Cargo Boat for the Purpose of searching therein; and if there shall be found on Board such Boat any Goods, of whatever Description, of which no satisfactory Account can be given; or, if it can be proved that any such Goods have been landed or transferred from any Cargo Boat, the Master or other Person having Charge of such Boat, shall be deemed to have or to have had, as the Case may be, unlawful Possession of such Goods, and, being convicted thereof, shall be liable to a Penalty not exceeding One hundred Dollars, or to Imprisonment not exceeding Six Months. XI. The Magistrate before whom any Conviction may take Licence may be place under the Provisions of this Ordinance, may, if he shall withdrawn or think fit, either in addition to or in lieu of any Fine or Imprison- suspended. ment hereby imposed, suspend, or altogether withdraw the Licence of any Offender, and transmit his Licence Ticket to the Registrar General, with a Certificate setting forth the Decision at which he has arrived; and, in case of Suspension, the Registrar shall reissue the Ticket to the Applicant at the Expiration of the Time for which the Magistrate shall have suspended the Licence. XII. Every Owners employing unregistered Persons. Certificate of Examination of Boats with false Bottoms, &c. may be seized and condemned. Obstructing Commencement of Ordi nance. Registration and Regulation of Boatmen. XII. Every Owner of a Cargo Boat who shall employ any unregistered Person to take Charge thereof, or to work therein, or who shall refuse when called upon to give Information which he may possess as to Names, Places of Abode, or other Particulars relative to Persons charged with the Commission of Offences against this Ordinance, shall on Conviction thereof be liable to a Penalty not exceeding Fifty Dollars. XIII. On and after the First Day of January next, every Applicant for a Licence for any Cargo Boat shall produce, at the time of making his Application, a Certificate under the Hand of the Harbour Master, or an Inspector appointed for that Purpose, setting forth that he has examined the Boat for which a Licence is required, and that it is in all respects fit and proper to be employed as a Cargo Boat: And the Harbour Master or Inspector shall deliver to the Applicant a Certificate to the Effect stated on Payment of a Fee of One Dollar. XIV. The Harbour Master or Inspector is hereby empowered to enter at any Time on Board of any Licensed Cargo Boat, and to survey and examine the same; and in the Event of his discovering that any false Bottom or other Fitting, Alteration or Addition has been made therein for the Purpose of facilitating the fraudulent Concealment of Goods, he shall seize and detain such Boat, and apprehend or cause to be apprehended the Master or other Person in Charge thereof, and deliver him into the Custody of a Police Constable. XV. As soon as conveniently may be after the Seizure of any Boat, the Harbour Master, or Inspector, shall prefer an Information before a Police Magistrate against the Licensed Owner, and also against the Master or other Person found in Charge of such Boat; and if the Magistrate, after hearing all the Evidence which may be offered, shall be satisfied that the false Bottom or other Fitting, Alteration, or Addition complained of was used or made for the Purpose of fraudulently concealing Goods therein, he may adjudge that such Boat shall be forfeited and sold and the Proceeds thereof be paid into the Colonial Treasury; and also that the Master or other Person found in Charge of such Boat, shall forfeit and pay any Sum not exceeding Fifty Dollars, or be Imprisoned and kept to Hard Labour for any Term not exceeding Six Months. And the Licensed Owner of such Boat shall, if the Magistrate be satisfied that the Alteration, Addition, or Fitting complained of, was made or used by his Order, or with his Sanction or Connivance, be liable to forfeit and pay any Sum not exceeding One hundred Dollars, or to be Imprisoned for any Term not exceeding Six Months. XVI. If any Person shall resist, impede, or obstruct the Harbour Master or Inspector or other Person in the Execution of his Duty under this Ordinance, he shall be liable on Conviction thereof to a Penalty not exceeding Fifty Dollars, or to Imprisonment with Hard Labour not exceeding Three Months. XVII. This Ordinance shall commence and take effect on the First Day of January next. |