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THE HONGKONG GOVERNMENT GAZETTE, AUGUST 17, 1917.
No. 372. The following Order of His Majesty in Council, which was published in the London Gazette of the 29th June, 1917, is published for general information.
AT THE COURT AT BUCKINGHAM PALACE,
THE 30TH DAY of March, 1917.
PRESENT,
THE KING'S MOST EXCELLENT MAJESTY,
LORD PRESIDENT.
LORD CHAMBERLAIN.
LORD NEWTON.
SIR FREDERICK PONSONBY.
HEREAS by treaty, grant, usage, sufferance, and other lawful means His Majesty
the King has jurisdiction in China :
Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,” or otherwise, in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:
1. This Order may be cited as The China (War Powers) Order in Council, 1917," and shall be read as one with the China Order in Conneil, 1904" (hereinafter called the "Principal Order "), and with any Order amending the same.
2. Where in the opinion of the Minister there are reasonable grounds for believing that any British subject has acted, is acting, or is about to act in a manner prejudicial to the public safety, or to the defence, peace, or security of His Majesty's dominions or of any part of them, the Minister may by order in writing direct that such person ---
(a) Shall not enter, reside, or remain in any area specified in the order; (b) Shall reside or remain in any area so specified;
(c) Shall conduct himself in such manner, or abstain from such acts, or take such order with any property in his possession or under his control, as may be specified in such order;
(7) Shall be detained in custody in such place as may be specified in the order; and the person so detained shall be deemed for all purposes to be in legal custody.
3. If any person in respect of whom an order is made under paragraphı (a), (b), or (e) of the preceding article fails to comply with any of the provisions of the order, he shall be guilty of an offence against this Order, and shall be liable on conviction by the Court to imprisonment with or without hard labour for a term not exceeding three years; provided, however, that nothing in this article shall be deemed to empower a Provincial Cout to award any sentence greater than is authorised by Article 59 (2) of the Principal
Order.
4. Where in the opinion of the Minister it is expedient that any person, in respect of whom the provisions of Article 2 of this Order apply, should be deported from China to some place in His Majesty's dominions, he shall send to the Supreme Court a certificate under his haud and seal to that effect, and the Supreme Court may thereupon, order that such person shall be deported from China to the place specified in such certificate. The provisions of the Principal Order, and of any Order amending the same, relative to deportation shall, subject to the provisions of this Order, apply to any deportation effected under this article.
5. If any person deported under this Order returns to China without permission in writing of the Minister (which permission the Minister may give) he shall (without prejudice to any liability under Article 83 (11) of the Principal Order) be guilty of an offence against this Order, and shall be liable on conviction by the Court to imprison- ment with or without hard labour for a term not exceeding three years; provided, however, that nothing in this article shall be deemed to empower a Provincial Court to award any sentence greater than is authorised by Article 59 (2) of the Principal Order.