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BRITISH ORDINANCE, to invest Her Majesty's Consuls at the Ports of China, with Jurisdiction over the Persons and Property of Lunatics and Persons of Unsound Mind, as also with the Power inherent in the Office of Coroner.— Hong Kong, March 31, 1854.
[17 Vict. No. 2, of 1854.] Whebeas it is deemed expedient that the jurisdiction and power above-mentioned should be vested in manner aforesaid: be it therefore enacted and ordained by his Excellency the Governor and Chief Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council of Hong Kong, that:
I. The Consul or Acting Consul at each of the ports in China shall possess and exercise within the limits of the district in which he may be personally appointed, the same power and jurisdiction over the persons and property of lunatics and persons of unsound mind therein being, as the Supreme Court of Houg Kong possesses and exercises within that colony; and that any Commission of Inquiry shall consist of such Consul or Acting Consul as aforesaid; and such Consul shall call to his assistance three British subjects of the age of not less than 21 years, who shall act as jurors. ProTided always such court shall have and exercise concurrent jurisdiction with such Consuls in regard to such matters. But it shall not be bound, unless in a fit caBe it shall deem it right so to do by injunction, order or otherwise, to debar or prohibit any such Consul or Committee appointed by him of the person or estate of any person of unsound mind, from dealing with such persons or their property; nor shall such court, unless in like case, be bound to stay, alter, or reverse any proceedings of any such Consul or Committee.
II. Every such Consul or Acting Consul within his district aforesaid shall, by virtue of his office, act as Coroner of such district, and shall and may discharge the duties appertaining to the office of Coroner, summoning when necessary a jury of British subjects, which it is hereby declared may be constituted of three persons only of the full age of 21 years; and any person not attending when duly summoned as a juror to serve on such jury shall be liable to a penalty not exceeding 50 dollars.
S. G. BONHAM.
Passed the Legislative Council of Hong Kong this 31st day of March, 1854.
L. n'AniADA E Castko, Clerk of Councils.
GENERAL REGULATIONS for British Trade, in the Five Ports of China.—Hong Kong, May, 18, 1854.
The following General and Local Consular Regulations for the five ports of Canton, Amqy, Foochow, Ningpo, and Shanghae, based upon the stipulations of the Treaties now existing between the Governments of Great Britain and China, and intended to secure the due observance of the said Treaties, are hereby published, in accordance with Articles III and IV of the Order of Her Majesty in Council, dated the 13th day of June, 1853 * for the information and guidance of British subjects resorting to the five ports open for trade.
(By Order.) W. H. MEDHTTRST, Officiating Secretary to H.B.M.'s Plenipotentiary in China, $c. Superintendence of Trade, Victoria, Hong Kong, May 18, 1854.
General Begulations for the Five Ports of Canton, Amoy, Foochoio Ningpo and Shanghae.
I. Ali, rules and regulations, heretofore in force to secure the observance of Treaties, having reference to any of the five ports open for trad_> in China, are repealed from and after the date of the publication of the present regulations.
II. The Consulate offices shall be open for public business from 10 o'clock, A.m., to 4 o'clock, P.m., daily, excepting on Sundays, and those holidays upon which public offices in England are closed.
III. Every master of a vessel shall deposit his ship's papers, together with a summary of the manifest of her cargo, at the Consulate Office within 48 hours after her arrival in the port or anchorage, unless a Sunday or holiday should intervene. Masters not conforming to this regulation will render themselves liable to a penalty of 200 dollars.
IV. Every British vessel must show her colours on entering the port or anchorage, and keep them hoisted until she shall have been reported at the Consulate, and her papers deposited there. Masters not conforming to this regulation will render themselves liable to * penalty not exceeding 100 dollars for each offence.
V. Should any vessel, the property of a British subject, but not provided with a British sailing-letter or certificate of registry, hoi<»t the Britssh ensign within any port or anchorage, or should she exhibit within such limits any flag so similar to the British ensign as not to be distinguishable from it, the master of such vessel will be liable for every such offence to a penalty not exceeding 100 dollars.
VI. In accordance with the provisions of Article XII of the General Regulations of Trade, masters of vessels in any port or
• Vol. XLU. Pane 254.
anchorage will be held accountable for the conduct of their crews on shore. Should any seaman absent himself without permission, the master shall forthwith report the same at the Consulate Office, and take efficient measures for the recovery of the absentee.
VII. The discharge of guns or other fire-arms from vessels in harbour is strictly prohibited under a penalty not exceeding 50 dollars.
VIII. Masters of vessels, when reporting their arrival at a port or anchorage, shall notify, in writing, the names of all passengers and persons not forming part of the registered crew on board; and due notice must likewise be given of the number and names of persons not forming part of the registered crew, intending to leave the port on board of any vessel.
IX. All cases of death occurring on board of vesesls in harbour, or in the residences of British subjects on shore, must be immediately reported at the Consulate Office, and in the event of sudden or accidental death, the best information obtainable will likewise be required. It is strictly prohibited to throw overboard the bodies of seamen or other persons dying on board of a vessel in harbour.
X. Stone or ballast shall not be thrown overboard in harbour.
XI. All cases of loss of property by theft or fraud on board of ship, as well as of assault or felony, requiring redress, or involving the public peace, must be immediately reported at the Consulate Office. Any Chinese subject guilty of a misdemeanour on shore or afloat may be detained on detection; but information must, in such case, be forthwith lodged at the Consulate Office, and in no instance shall British subjects be permitted to use violence towards Chinese offenders, or take the law into their own hands.
XII. Any vessel laden with gunpowder or any other combustible is prohibited from entering an anchorage, or remaining within a distance from it of one mile.
XIII. No seaman or other person belonging to a British ship may be discharged or left behind at any port or anchorage without the express sanction of the Consul, nor until sufficient security shall have been given for his maintenance and good behaviour while remaining on shore. If any British subject, left at a port or anchorage by a British vessel, be found requiring public relief prior to the departure of such vessel from the douiinions of the Emperor of China, the vessel will be held responsible for the maintenance and removal of such British subject.
XIV. When a vessel is ready to leave a port or anchorage, the master or consignees shall apply at the Chinese Custom-House for a Chinese port-clearance (grand-chop), and on his presenting this document, together with a copy of the manifest of his export cargo, at the Consulate Office, his ship's papers will be restored, and he will be furnished with a Consular port-clearance, on receiving which the vessel will be at liberty to leave the port. Should any vessel take in or discharge cargo subsequent to the issue of the grand-chop, the master will be subject to a penalty not exceeding 500 dollars, and the goods so taken in or discharged will be liable to confiscation, under the terms of the General Regulations of Trade, with reference to breaking bulk without due permission.
XV. When a vessel is ready to leave a port or anchorage, the master shall give notice thereof to the Consul, and shall hoist a Blue Peter at least 24 hours before the time appointed for her departure. The Consul may dispense with the observance of this regulation, on security being given that claims presented within 24 hours will be paid.
XVI. No British subject may establish either a boarding or eating-house at a port or anchorage without the sanction of the Consul, or without giving proper security that he will not harbour any seaman who is a runaway, or who cannot produce his discharge accompanied by a written sanction from the Consul to reside on shore. Every licensed boarding or eating-house keeper will be held accountable for the good conduct of all inmates and frequenters of his house.
XVII. Every British subject residing within the dominions of the Emperor of China, who shall not have been already enro'led in the Consular Register, shall apply to the Consul to be enrolled within 10 days after the promulgation of these regulations at the port in which he resides. And every British subject who may arrive in the said dominions, save and accept any British subject who may be borne on the muster-roll of a British vessel, shall apply within 10 days of his arrival to the Consul of the district to be enrolled in the Consular Register. No British subject will be entitled to claim the protection of the authorities who shall not so have enrolled himself, or who cannot allege valid reasons for his not having done so.
XVIII. The term "Consul" in the preceding and following Regulations shall be construed to include all and every officer in Her Majesty's Consular Service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or other person duly authorized to act in any of the aforesaid capacities within the dominions of the Emperor of China.
XIX. All fines and penalties imposed under the above or following regulations shall be levied and enforced iu the manner specified in Article XXXVI of the Order of Her Majesty in Council, dated the 13tli day of June, 1853, and all fees, penalties, and forfeitures shall be appropriated and applied as provided for in Article XXXVIII of the same Order.
1. For Whampoa Anchorage.—1. Any individual appealing from the decision of the Vice-Consul at Whampoa is required to forward bis appeal, under flying seal, through the Vice-Consul to the Consul at Canton.
2. All fines shall be payable in ready money. Dollars, locally termed "chopped," will be received by weight at the rate of 7 taels lm. 7c. per 10 dollars, and the dollar will be received at the exchange of 4*. 2d.
3. Masters of vessels are strictly prohibited from granting liberty on any pretence to their crews to proceed to Canton, under a penalty not exceeding 50 dollars.
II. For the Port of Amoy.—1. The limits of the port are defined within lines drawn from the southernmost point of Amoy Island south-eastward to the island nearest to it, and thence in the direction of the High Pagoda to the point of Lara-tae-hoo Hill; and from the northernmost point of Amoy Island to the opposite point on the main land. All the islands and waters between these lines are therefore included within the limits of the port.
2. No loading or discharging of cargo may be carried on except within the limits of the anchorage defined by the Consul and Chinese authorities.
3. The distance to which British subjects may proceed into the interior for exercise or pleasure is limited by time, and no person may travel so far from the city as that he will not be able to return to it within 24 hours' time.
III. For the Port of Foochow.—1. The limits of the port of Foochow extend from the Nantae, or City Bridge, to the Kimpae Pass.
2. By arrangement with the Chinese authorities the limit to which British subjects are to be restricted in excursion, is the distance which may be travelled out and back in one day, the parties making excursions returning to the city to sleep.
IV. For the Port of Mngpo.—l. The term "Port of Ningpo" is to be construed to include any portion of the Tung or Ningpo Eiver comprised within a line from the northern extremity of the Chinhae Promontory, called by the Chinese "Chaou-paou-shan," to the islet, known variously as the " Inner Triangle," the " Pasyen Island," and the "Hootsun-shan;" and a second line running from the said islet to the northern base of the hill on the eastern side of the mouth of the Tung River, known as "Look-out Hill."
2. No loading or discharging of cargo may be carried on, except within the limits of the anchorage defined by the Consul and Chinese authorities.
V. For the Port of Shanghai.—1. No loading or discharging of [1856-57.]* 2 Q 3