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with having committed an offence within the Colony of Hong Kong, and the said chief magistrate or other officer having so inquired, shall report the result of such inquiry to the chief superintendent, and shall forthwith transmit to him the depositions with all the documents or other proofs which have been made or produced before him against or in behalf of the person so charged, and shall meanwhile detain the person so charged in custody or hold him to bail, and the chief superintendent. shall thereupon direct the person so charged to be discharged, or shall proceed to award to such person the punishment to which he may be liable under the provisions of this Order, in the same manner as if the case liad been originally inquired of, tried, and determined by the chief superintendent; and the decision of the chief superintendent in every such case shall be final; and any sentence of imprisonment awarded by the chief superintendent shall be enforced to execution in the common gaol of the Colony of Hong Kong, in the same manner as if the sentence had been awarded by the Supreme Court of the said Colony: Provided always, That the chief superintendent may, if he . deems it advisable for the better decision of such cases, call in the assistance of two or more assessors, who, however, shall only have power to advise, but shall not have power to decide: and provided further, that the said chief magistrate of police of the Colony of Hong Kong, or any person lawfully acting on his behalf, or under his authority, shall not be liable to any action for damages in consequence of proceedings taken by him in pursuance of any requisition addressed as aforesaid by the chief superintendent to the said chief magistrate.

concurrent juris

XXX. And it is further ordered, That save and except as regards offences Supreme Court to committed by British subjects against the stipulations of treaties between Her have, in certain Majesty and the Emperor of China, or against rules and regulations for the criminal matters, observance of the stipulations of such treaties, duly affixed and exhibited diction with the according to the provisions of Article IV. of this Order, or against rules and chief superintenregulations for the peace, order, and good government of Her Majesty's subjects, dent or consul. being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than 100 miles from the coast of China, duly affixed and exhibited as aforesaid, and save and except as regards the offence of engaging in trade declared by Article XXXIV. of this Order to be unlawful, which offences shall be inquired of, tried, determined, and punished, in the manner herein before and by Article XXXIV. of this Order provided, and not otherwise, the Supreme Court of the Colony of Hong Kong shall have and may exercise, concurrently with the said chief superintendent or consul, authority and jurisdiction in regard to all crimes and offences committed by British subjects being within the dominions of the Emperor of China, and the ports and havens thereof, or on the high seas within any ship or vessel at a distance of not more than 100 miles from the coast of China, in the same and as ample a manner as if such crimes and offences had been committed within the Colony of Hong Kong: Provided always, that the Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of certiorari or otherwise, to debar or prohibit the chief superintendent or consul from taking cognizance, pursuant to the provisions of Articles XVIII., XIX., XX., XXI., and XXII., of this Order, of any crime, or misdemeanour, or offence, committed by a British subject, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than 100 miles from the coast of China.

XXXI. And it is further ordered, That it shall be lawful for the chief super- Prisoners may be intendent or consul, to cause any British subject charged with the commission sent to Hong Kong of any crime or offence the cognizance whereof may at any time appertain to China for trial befrom the ports of bim, to be sent, in any of Her Majesty's ships of war, or in any British vessel, fore the Supreme to the Colony of Hong Kong, for trial before the Supreme Court of the said Court. Colony; and it shall be lawful for the commander of any of Her Majesty's ships of war or of any British vessel to receive. any such person on board, with a warrant from the said chief superintendent or consul, addressed to the chief magistrate of police of the said Colony, and thereupon to convey him in custody to Hong Kong, and on his arrival there to deliver him, with the said warrant, into the custody of the said chief magistrate of police, or other officer of Her Majesty within the said Colony lawfully acting as such, who, on the receipt of the said warrant and of the party therein named, shall be authorised to commit, and shall commit such party so sent for trial to the common gaol of the said

'

Provisions with

regard to prisoners

in 6 & 7 Vict.,

c. 94, to be ob

served in sending prisoners to Hong Kong for trial.

Supreme Court to have concurrent jurisdiction with the chief superintendent or consul in civil suits between British subjects.

Trade of British subjects to the

northward of 32d degree north latitude unlawful and punishable.

engaged in

chief superinten. dent.

Colony; and it shall be lawful for the keeper of the said common gaol to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said Supreme Court; and the Supreme Court at the sessions to be next holden shall proceed to hear and determine the charge against such party in the same manner as if the crime, with which he may be charged, had been committed within the Colony of Hong Kong.

6:

XXXII. And it is further ordered, That the chief superintendent or consul, on any occasion of sending prisoner to Hong Kong for trial, shall observe the provisions made with regard to prisoners sent for trial to a British Colony, in an Act passed in the 6th and 7th years of Her Majesty's reign, intituled, " An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual."

XXXIII. And it is further ordered, That the Supreme Court of the Colony of . Hong Kong shall have and may exercise, concurrently with the chief superintendent or consul, authority and jurisdiction in regard to all suits of a civil nature between British subjects arising within any part of the dominions of the Emperor of China; Provided always, That the said Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of certiorari or otherwise, to debar or prohibit the chief superintendent or consul from hearing and determining, pursuant to the provisions of the several articles of this Order, any suit of a civil nature between British subjects, or to stay the proceedings of the chief superintendent or consul in any such matter.

XXXIV. And it is further ordered, That all trade whatsoever of Her Majesty's subjects in, to, or from any part of the coast of China to the northward of the 32d degree of north latitude shall be unlawful; and each and every party engaged in such trade, as principal, agent, shipowner, shipmaster, or supercargo, shall be liable to be apprehended by any of Her Majesty's consuls, and shall be sent by him to Hong Kong in any of Her Majesty's ships of war or in any British vessel, for trial before the chief superintendent, and it shall be lawful for the commander of any of Her Majesty's ships of war or of any British vessel, to receive any such party on board under a warrant from the said consul addressed to the chief magistrate of police of the Colony of Hong Kong, and thereupon to convey him in custody to Hong Kong, and on his arrival there to deliver him, with the said warrant, into the custody of the said chief magistrate of police, or other officer of Her Majesty within the said Colony lawfully acting as such, who on the receipt of the said warrant and of the party therein named, shall be authorised to commit, and shall commit such party so sent for trial to the common gaol of the said Colony; and it shall be lawful for the keeper of the said common gaol to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said chief superintendent, and the said chief superintendent shall forthwith proceed to hear and determine the charge against such party, and such party upon conviction before the chief superintendent shall be liable to a fine not exceeding 10,000 dollars, or to imprisonment for a term not exceeding two years, and the sentence of the chief superintendent shall be enforced to execution in the same manner as if the sentence had been awarded by the Supreme Court of the Colony of Hong Kong.

XXXV. And it is further ordered, That it shall be lawful for any of the comVessels and persons manders of Her Majesty's ships, or any other officer duly authorised in that unlawful trade may behalf, to seize any ship or vessel under the British flag which may reasonably he seized and sent be suspected of having been engaged, or of being engaged, in trade declared in for trial before the the next preceding Article to be unlawful, and to bring such ship or vessel, and the master, officers, supercargo, and crew thereof to the Colony of Hong Kong, or to any other place where the chief superintendent may for the time being be resident, or direct the same to be brought, and there to detain such ship or vessel, and the masters, officers, supercargo, and crew thereof, until the said chief superintendent shall have tried and determined the charges which may be brought against them, or any of them, of having been engaged in such unlawful trade.

XXXVI. And

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XXXVI. And it is further ordered, That all fines and penalties imposed under Enforcement of this Order may be levied by distress and seizure and sale of ships, and goods and fines and penalties. chattels; and no bill of sale, mortgage or transfer of property made after the apprehension of a party, or with a view to security in regard to crimes or offences committed or to be committed, shall avail to defeat any of the provisions of this Order.

regulations for

XXXVII. And it is further ordered, That it shall be lawful for the chief Chief superintensuperintendent from time to time to establish rules of practice to be observed in dent may establish proceedings before the said chief superintendent or consul, and to make regula- rules of practice, tions for defraying the expenses of witnesses in such proceedings and the costs expenses of witof criminal prosecutions, and also to establish rates of fees to be taken in nesses, and also regard to civil suits heard and determined before the said chief superintendent rates of fees in or consul, and it shall be lawful for the said chief superintendent or, cousul to enforce by seizure and sale of goods, or if there be no goods, by imprisonment, the payment of such established fees, and of such expenses as may be adjudged against the parties, or either or any of them: Provided always, that a Table specifying the rates of fees to be so taken shall be affixed and kept exhibited in the public office of the said chief superintendent or consul.

XXXVIII. And it is further ordered, That all fees, penalties, fines, and forfeitures levied under this Order, save and except such penalties as are by treaty payable to the Chinese Government, shall be paid to the public account, and be applied in diminution of the public expenditure on account of the superintendence and control of British trade in China: Provided always, that in the event of the Chinese authorities declining to receive fines payable to the Chinese Government as aforesaid, the same shall be paid to the public account, and applied in the manner last mentioned.

XXXIX. And it is further ordered, That it shall be lawful for any of Her Majesty's consuls to grant probate of the will or letters of administration to the intestate estate of a British subject deceased and leaving property within the limits of the district within which such consul shall exercise authority; and in the case of a party so deceased either leaving a will or intestate, it shall be lawful for the consul, provided that probate of the will or letters of administration to the estate of the party deceased shall not have been applied for within 30 days by any person lawfully entitled thereto, to administer to such estate, and to reserve to himself out of the proceeds of such estate a commission not exceeding two and a half per centum.

civil suits.

Manner in which fees, penalties, fines, and forappropriated.

feitures are to be

Consuls may grant probate, &c., and intestate estates.

administer to

XL. And it is further ordered, That a register shall be kept by each and every Register of British of Her Majesty's consuls, of all British subjects residing within the ports, places, subjects to be kept. or districts of China within his jurisdiction, and that every British subject now residing within the dominions of the Emperor of China who shall not be already enrolled in any such consular register, shall within a reasonable time after the promulgation of this order, to be specified in a notice to be affixed and publicly exhibited in the consular office, apply to the consul of the district to be enrolled in such register; and every British subject who may arrive within the said dominions, save and except any British subject who may be borne on the musterroll of any British ship arriving in a port of China, shall within a reasonable time after his arrival, to be specified as aforesaid, apply to the consul of the district to be enrolled in such register; and any British subject who shall refuse or neglect to make application so to be enrolled, and who shall not be able to excuse, to the satisfaction of the said consul, such his refusal or neglect, shall not be entitled to be recognised or protected as a British subject in any difficulties or suits whatsoever, in which he may have been involved within the dominions of the Emperor of China within the time during which he shall not have been so enrolled.

the powers of justices ment of provisions of lating to seamen and

of the peace for enforce.

XLI. And it is further ordered, That the consul within his consular district Consuls may exercise may exercise any of the powers which by any Acts of the Imperial Parliament now enacted, or hereafter to be enacted, for the regulation of merchant seamen, or for the regulation of the mercantile marine, may be exercised by one or more justices of the peace within Her Majesty's dominions.

XLII. And it is further ordered, That nothing in this Order contained shall be taken or construed to preclude a British consul within the dominions of the Emperor of China from performing any act of administration, or jurisdiction, or

Acts of Parliament re

mercantile marine.

Consuls in China may perform all acts which may be performed by

British consuls elsewhere.

Chief superintendent or consul may issued by Supreme

execute writs

Court of Hong
Kong.

Limitation of actions.

other act, which British consuls within other States at amity with Her Majesty are by law, usage, or sufferance enabled to perform.

XLIII. And it is further ordered, That it shall be lawful for the chief superintendent or consul to execute a writ of the Supreme Court of the Colony of Hong Kong, and take security from each and every party named in such writ for his appearance in person or by his attorney at Hong Kong, and in default of such security, to send such party to Hong Kong in the manner pointed out in Article XXXI. of this Order: Provided always, that the chief superintendent or consul shall not be liable to an action for the escape of any party captured under any such writ.

XLIV. And it is further ordered, That any suit or action brought against the chief superintendent or consul in the Supreme Court of the Colony of Hong Kong, by reason of anything done under the authority and in execution of the power or jurisdiction of Her Majesty entrusted to him by this Order, shall be commenced or prosecuted within six months after he shall have been within the jurisdiction of the said Court, and not otherwise, and the defendant in every such action or suit shall be entitled to the benefit of the provisions made with respect to defendants in actions or suits, in an Act passed in the 6th and 7th years of Her Majesty, intituled, " An Act to remove Doubts as to the exercise of Power and Jurisdiction by Her Majesty within divers Countries and Places out of Her Majesty's dominions, and to render the same more effectual.”

Supreme Court of XLV. And it is further ordered, That the Supreme Court of the Colony of Hong Kong may Hong-Kong shall have power to take cognizance of offences committed by take cognizance of British subjects within the Peninsula of Macao, and of suits originating there, by British subjects when the party offending, or the party sued, shall come or be found within its within the Penin- jurisdiction; but it shall not have power to issue any warrant or writ to be executed or served within the Peninsula of Macao.

offences committed

sular of Macao.

Provisions of the present Order to

have force though

repugnant to those of former Orders.

Provisions as to ordinances here

XLVI. And it is further ordered, That if any provision of any article of this Order shall be in anywise repugnant to or at variance with certain Orders passed by his late Majesty King William IV., on the 9th day of December 1833, or certain Orders passed by Her Majesty on the 4th day of January 1843, and on the 24th day of February 1843, and on the second day of October 1843, and on the 17th day of April 1844, or any of them, then such provision of such article of this Order, so long as the same shall be in force, shall be obeyed and observed, anything in the said recited Orders in Council contained to the contrary in anywise notwithstanding.

XLVII. And it is further ordered, That if any law or ordinance hereafter made in pursuance of the Act of the 6th and 7th years of Her Majesty's reign, after made by chief intituled" An Act for the better Government. of Her Majesty's Subjects resorting superintendent. to China," shall be in anywise repugnant to or at variance with any of the provisions of this present Order of Her Majesty in Council, then such law or ordinance, so long as the same shall be in force, shall be obeyed and observed, anything in this Order contained to the contrary in anywise notwithstanding.

XLVIII. And it is further ordered, That this Order shall take effect from and after the 1st day of November next ensuing.

And the Right Honourable the Earl of Clarendon and his Grace the Duke of Newcastle, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain.

Wm. L. Bathurst.

Ar the Court at Windsor, the 2d day of February 1857.

Present:-The Queen's Most Excellent Majesty in Council.

WHEREAS by an Order of Her Majesty in Council, "for the Government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than 100 miles from the coast of China," bearing date the 13th day of June 1853, Her Majesty was pleased, amongst other things, to order, that if any party charged with an offence committed against the treaties, or rules and regulations therein referred to, should, escape or remove from the consular district within which such offence was committed, and should be found within another consular district, it should be lawful for the consul within whose district the party should be found to proceed against him, in the same manuer as if the offence had been committed within such district: And whereas, in and by the said Order in Council, provision was made for the manner in which British subjects, convicted of crimes and offences committed within the dominions of the Emperor of China, or being required and being unable, or wilfully omitting to give sufficient security to keep the peace, or to find security for their good behaviour, might be sent out of the dominions of the Emperor of China to the Colony of Hong Kong, and also for the manner in which the expenses of so sending such persons to the said Colony of Hong Kong should be defrayed: And whereas it is expedient to make further provision in respect to the matters aforesaid :

1. Now, therefore, in pursuance of the several Acts of Parliament in the said Order in Council of the 13th day of June 1853, recited and referred to, and in execution of the powers thereby in Her Majesty in Council vested, Her Majesty is pleased, with the advice of Her Privy Council, to order, and doth hereby order, that the chief superintendent or consul within whose jurisdiction any party charged with having committed any offence against such treaties, or such rules or regulations as aforesaid, and who shall have escaped or removed from the consular district within which such offence was committed, shall be found, may lawfully, if such chief superintendent or consul shall think fit, cause such party to be taken into custody and sent back to the consular district from which he shall so have escaped or removed, to be there dealt with according to the provisions of the said Order in Council of the 13th day of June 1853.

II. And it is further ordered, that all removals whatsoever of prisoners or other parties from or to the said Colony of Hong Kong, or from or to any port or place in China, under the authority of the said Order in Council of the 13th day of June 1853, shall be effected, and the expenses of all such removals shall be defrayed in like manner as by Articles 20, 21, 22, and 23 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 applicable to the circumstances of each particular case.

III. And it is further ordered, that this Order shall be read and construed with and as being a part of the said Order in Council of the 13th day of June 1853. IV. And it is further ordered, that this Order shall take effect from and after the 30th day of April 1857.

And the Right Hon. the Earl of Clarendon and the Right Honourable Henry Labouchere, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

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