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subjects in China, with the advice of the Legislative Council of Hong Kong, in manner following:
I. The Chief Superintendent or Consul within whose jurisdiction any party charged with having committed an offence in any Consular district in China against the Treaties, Rules, or Regulations, to which the Order of Her Majesty in Council, dated the 13th day of June, 1853,* refers, and further charged with having escaped or departed out of the said last-mentioned district, shall happen to be found, may lawfully, if the said Chief Superintendent or Consul shall think fit, cause the said party to be removed to the Consular district out of which he shall have so escaped or departed.
II. All removals whatsoever of prisoners or parties from or to any port in China under any Act of Parliament or Order in Council, or under this or any other Ordinance, shall be effected, and the respective expenses thereof shall be defrayed in like manner as, by Articles XX, XXI, XXII and XXIII, of the said Order in Council of the 13th day of June, 1853, is provided with respect to the embarking, conveying, delivering, commitment, and expenses of persons deported under the authority of the said Articles respectively, so far as the provisions thereof respectively shall be found applicable to the circumstances of each particular case.
Passed the Legislative Council of Hong Kong, this 29th day of May, 1856.
L. D'almada E Casteo, Cleric of Councils.
BRITISH ORDINANCE, "to explain certain Enactments relating to Shipping," belonging to Chinese Residents at Hong Kong.—Hong Kong, May 29, 1856.
[19 Vict. No. 9, of 1856.] "whereas by "The Merchant Shipping Act, 1854," and " The Chinese Passengers Act, 1855," the power to amend the said Acts, in their application to this colony is, under certain conditions, reserved to this Legislature, and it is desirable to exercise the aforesaid power in manner hereinafter appearing: be it enacted and ordained by his Excellency the Governor of Hong Kong, with the advice of the Legislative Council thereof, as follows:
I. The British flag may be lawfully used by any Chinese resident
• VoL XLII. Pago 254.
within the meaning of Ordinance No. 4 of 1855 * on board of any ship or vessel registered in this colony in the name of the said resident under the Ordinance aforesaid.
II. Every register, certificate, endorsement, declaration, or bond authorized or required by the said Ordinance, may be proved in any court of justice, or before any person having by law, or by consent of parties, authority to receive evidence, either by the production of the original, or by an examined copy thereof, or by a copy thereof purporting to be certified under the hand of the Colonial Secretary or other person who, for the time being, shall happen to have charge of the original, which certified copy he is hereby required to furnish to every person applying at a reasonable time for the same, and paying therefor the sum of one dollar for every such certified copy; and every document, when so proved as aforesaid, shall be received as prima facie evidence of all the matters therein recited, stated, or appearing.
III. Any Chinese passenger ship clearing out, or proceeding to sea from any port in this colony, or in China, or within 100 miles of the coast thereof, or any voyage or voyages to any other port or ports, for the purpose of commencing at or from any such port or ports as last aforesaid a voyage of more than 7 days' duration, shall be deemed to have cleared out, or proceeded to sea upon the said last-mentioned voyage from the said first-mentioned port within the meaning of the " Chinese Passengers Act, 1855."
IV. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in this colony by his Excellency the Governor.
Passed the Legislative Council of Hong Kong, this 29th day of May, 1866.
L. D'almada E Castbo, Clerk of Councils.
BRITISH ORDINANCE, "for amending the Law of Evidence and Trial by Jury."—Hong Kong, August 22, 1856.
[20 Vict. No. 15, of 1856.] Be it enacted and ordained by his Excellency the Governor of Hong Kong, with the advice of the Legislative Council thereof, in manner following, that is to say:
* Page 599.
I. So much of the Act of Parliament passed in the 18th and 19th years of her present Majesty, chapter 42,* relating to Oaths administered and Notarial Acts done by Diplomatic and Consular Agents, as is not now in force within this colony, shall, from and after the passing hereof, come into force within the same.
II. All instruments whatsoever, legally and properly filed or recorded in any Foreign Court of Justice or Consulate, according to the law and practice of such Court or Consulate, and all copies of auch instruments, shall be admissible in evidence within this colony, upon being proved in like manner as documents filed or recorded in any Foreign Court are proveable under this or any other Ordinance; and all documents whatsoever so filed or recorded in any Foreign Court or Consulate, and all copies of such documents shall, when so proved and admitted, be holden as authentic and effectual for all purposes of evidence as the same would be holden in such Court or Consulate.
III. Whenever it shall appear to the satisfaction of the Supreme Court, or of the Court of Petty Sessions, that the person conducting a criminal prosecution on behalf of the Crown is merely, by reason of the illness or absence from the colony of, or the impracticability of serving process on, a person whose deposition shall have been duly taken in the matter, before or on the committal of the prisoner to take his trial upon such prosecution, unable to produce the said person as a witness upon the said trial, then and in such case the said deposition may be read at the said trial as evidence against the said prisoner, if the said court Bhall think fit.
IV. A heathen witness, in any court or before any person empowered to administer an oath, shall not be sworn either before or upon giving his testimony, unless the said court or person shall think fit so to direct; in which case the said witness shall be sworn according to his conscience But every heathen witness shall, before the taking of his said evidence, be by, or by the order of, the said court or person, duly warned to speak the truth, and informed of the penalties to which, in case he Bhall not Bpeak the truth, he will become liable; it being hereby declared and enacted, that the penalties of perjury shall be deemed and taken to apply to false testimony given by any such witness, whether sworn or unsworn, in any caBe where, if he had given the same upon oath, he would by law have thereby become liable to the same.
V. Where two or more conflicting or contradictory statements of fact, or alleged fact, have been wilfully and knowingly made by one and the same witness before any court or person empowered as aforesaid, either at the same examination or at two or more examinations, and whether before the same court or person, or
* Vol. XLV. Page 62:).
before any other court or person, an indictment or information may be presented or exhibited against him, charging him with having, on the day or days of his said examination or examinations, wilfully and knowingly made the said conflicting or contradictory statements, and setting forth the short material purport or effect thereof respectively; and if such witness shall be thereof convicted in whole or in part, he shall suffer the penalties of perjury.
VI. If the court before which the statements in section 5 mentioned, or the last of them, shall have been so made, shall happen to be the Supreme Court, or the Court of Petty Sessions, such court may, if it shall think fit, either direct a prosecution of the same for perjury, and commit the offender unless he shall give bail for trial at the next sessions of the court so committing, or treat the same as a contempt of court, and forthwith proceed summarily to punish the same, either by fine not exceeding for every such offence 200 dollars, or by imprisonment with or without hard labour for a term not exceeding for every such offence 6 calendar months, which punishment shall be in lieu of all other penalties hereby provided.
VII. In proceedings under sections 5 and 6 of this Ordinance, it shall not be necessary to inquire, state, or prove the respective truth or falsehood of any such statements.
VIII. The materiality of any false testimony to the issue or matter in question shall not be deemed essential in determining the character of the offence thereby committed; and every person guilty of false testimony shall, without regard to the materiality or immateriality thereof to any such issue or matter, suffer the penalty of perjury, if the jury at his trial shall think fit to convict him.of his said offence.
IX. Matters of inducement and averments, whether affirmative or negative, shall no longer be introduced into indictments or informations for perjury, false witness, or false declaration; and it shall be sufficient to charge therein, according to the tacts, that the defendant, on the day or days, falsely, knowingly, and wilfully stated before the court or person empowered as aforesaid, the matters alleged to be false, setting fortli the same shortly, and according to the substantial effect thereof.
X. Section 5 of Ordinance No. 4, of 1851, is hereby amended, by substituting the word "February" for the word ''January,"— section 6 and 7 of the same Ordinance are hereby revived and confirmed ;—section 2 of Ordinance No. 14, of 1856, is hereby amended by inserting the word " First" before the word "Schedule;" —And Ordinaucea No. 1, of 1851, and No. 4, of 1854, are hereby repealed.
XI. The word "witness" in this Ordinance shall extend to every person whose answer, deposition, affidavit, or other declaration upon oath, either vivd voce, in writing, or upon record, may be taken, or might have been taken, but for this Ordiuance.
Passed the Legislative Council of Hong Kong, this 22nd day of August, 1856.
L. D'almada E Castbo, Clerk of Councils.
CONVENTION ADDITIONNELLE de Commerce et de Navigation, entre la Belgique et la Grèce.—Signée à Athènes, le 5 Juin, 1856.
[Ratifications échangées à Athènes, le Janvier, 1857.]
Sa Majesté le Roi des Belges, d'une part, et Sa Majesté le Roi de Grèce, d'autre part, voulant assurer de nouvelles garanties et de nouvelles facilités au commerce et à la navigation entre leurs Etats, et fortifier de plus en plus les liens d'amitié et de bonne intelligence si heureusement établis entre les deux nations, ont résolu de conclure une Convention Additionnelle au Traité de Commerce et de Navigation du Septembre, 1840,* et ont nommé, à cet effet, pour leurs Plénipotentiaires:
Sa Majesté le Roi des Belges, le Sieur Blondeel van Cuelebroeck, son Ministre résident près de Sa Majesté Hellénique et de Sa Majesté Impériale le Sultan, Chevalier de son Ordre Royal de Leopold, Grand Commandeur de l'Ordre Royal du Sauveur de Grèce, décoré de l'Ordre Impérial du Medjidié de deuxième classe, 3e Turquie, Chevalier de l'Ordre de Saint Grégoire le Grand, &c.
Et Sa Majesté le Roi de Grèce, le Sieur Alexandre Rizo-Rangabé, Ministre de sa Maison Royale et des Relations Extérieures, Chevalier de son Ordre Royal du Sauveur;
Lesquels, après s'être communiqué leurs pleins pouvoirs et les avoir trouvée en bonne et due forme, sont convenus des Articles suivants:
A Et. I. A leur entrée en Belgique, les navires Grecs et leurs cargaisons jouiront de tous les droits et avantages garantis au pavillon de la Grande-Bretagne par le Traité conclu, entre la Belgique et ce royaume, le 27 Octobre, 1851.t
Seront également étendues aux importations provenant des ports
• Vol. XXX. Page 1261.
t Vol. XL. Tage 14.