Punishment in
262
ORDER IN COUNCIL
XI.-OFFENCES AGAINST RELIGION
100. If any British subject is guilty of publicly deriding, mocking, or for public insult insulting any religion established or observed in China or in Japan-or of
summary way
to religion
or religious institutions.
Jurisdiction of
sad Japan.
publicly offering any insult to any religious service, feast, or ceremony established or kept in any part of China or in Japan, or to any place for worship, tomb, or sanctuary belonging to any such religion, or to the ministers or professors thereof,-or of wilfully committing any act tending to bring any such religion or its ceremonies, mode of worship, or observances into hatred, ridicule, or contempt and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted) to imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceed- ing 500 dollars, or to a fine not exceeding 500 dollars without imprisonment.
Notwithstanding anything in this Order, every charge against a British subject of having committed any such offence shall be heard and deter- mined in a summary way, and any Provincial Court shall have power to impose the punishment aforesaid.
Her Majesty's Consular Officers shall take such precautionary measures as seen to them proper and expedient for tlie prevention of such offences. XII.—AUTHORITY WITHIN 100 MILES OF THE Coast of ChiNA
101. Where a British subject, being after the commencement of this Courts in Chins Order in China or in Japan, is charged with having committed, either before or after the commencement of this Order, any crime or offence within a British vessel at a distance of not more than 100 miles from the coast of China,—or within a Chinese or Japanese vessel at such a distance as aforesaid, or within a vessel not lawfully entitled to claim the protec- tion of the flag of any State, at such distance as aforesaid,—any of Her Majesty's Courts in China or in Japan within the jurisdiction whereof he is found may cause him to be apprehended and brought before it, and may take the preliminary examination and commit him for trial.
102. If the Court before which the accused is brought is a Provin- cial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.
Report by Provincial Court.
The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accord- ingly.
103. The provisions of this Order relative to crimes and offences, and other provisions, proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the crime or offence had been committed in China or Japan.
Application of
Jurisdiction at Hongkong.
Military and Maval Deserters.
104. Where a British subject, being after the commencement of this Order in Hongkong, is charged with having committed, either before or after the commencement of this Order, any crime or offence within any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, the Supreme Court at Hongkong shall have and may exercise authority and jurisdiction with respect to the crime or offence as fully as if it had been committed in Hongkong.
105. Her Majesty's Minister in China or in Japan, the Judge or Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Governor or person administering the Governinent of Hongkong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces has deserted therefrom, and has concealed himself in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and on being satisfied
Original from
UNIVERSITY OF MICHIGAN