THE HONGKONG GOVERNMENT GAZETTE, 9TH APRIL, 1892.
291
And whereas on the 30th day of August, 1890, a Convention was made at London between Her Majesty and the President of the French Republic respecting the postal service between France and French possessions and the United Kingdom and British possessions, the terms of which Convention are set forth in the Schedule to this Order ;
And whereas the ratifications of the said Convention were exchanged on the 23rd day of March, 1891;
And whereas the Governments of certain of the British possessions named in the Schedule to the said Act, namely, Newfoundland, Queensland, New Zealand, Cape of Good Hope, and Natal, have adhered to the said Convention;
And whereas it is expedient that "The Mail Ships Act, 1891," should apply as regards the said Convention and the French Republic and the postal service and mail ships described in the said Convention;
And whereas it is also expedient that the said Act should, for the purpose of the said Convention, apply to the above-mentioned British possessions, and also to all British possessions not named in the Schedule to the said Act, subject to the exceptions and modifications in this Order contained:
NOW, THEREFORE, Her Majesty, by virtue and in exercise of the powers in this behalf by "The Mail Ships Act, 1891," or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
1. "The Mail Ships Act, 1891," shall apply during the continuance of this Order as regards the Convention set forth in the Schedule to this Order, and as regards the French Republic and the postal service and mail ships described in that Convention.
2. The said Act shall apply as regards any public ship of the French Republic when employed as a mail ship in the cases authorised by Article V. of the said Convention.
3. The said Act shall for the purpose of the said Convention apply to the following British possessions, namely, Newfoundland, Queensland, New Zealand, Cape of Good Hope, and Natal, and also to every British possession not named in the Schedule to the said Act, subject, however, to the provisions of section 8 of the said Act, and also to the exceptions and modifications following, that is to say:
(i.) The expression "officer of Customs" shall mean an officer of the Customs Department of the possession, or, where there is no such Department, an officer or one of the officers appointed for the purposes of the said Act by the Governor in Council, of which appointment notice shall be published in the Gazette of the possession.
(ii.) The provisions of the said Act as to the amount of fines shall, in possessions having a dollar or rupee currency, be read as if the amounts were stated in dollars or rupees, as the case may be, at the rate of 5 dollars or 10 rupees to the pound sterling." In Gibraltar the said provisions shall be read as if the amounts were stated in pesetas, at the rate of 25 pesetas to the pound sterling.
(iii.) In lieu of subsections (1) and (2) of section 7 of the said Act the following provisions shall be substituted, that is to say: Every offence may be prosecuted and every fine may be recovered by action or other legal proceeding in any Court of the possession competent to impose fines, but any fine imposed by a Court of inferior or limited jurisdiction shall not exceed either the amount authorised by the said Act and this Order, or the amount of fine which the Court may impose in the exercise of its ordinary jurisdiction, whichever of the said amounts shall be the less; and there shall be the same right of appeal (if any) against any such fine as in other cases of fines imposed by the same Court in the exercise of its ordinary jurisdiction; and every Court, whether of original or appellate jurisdiction, may reduce the amount of any fine. (iv.) The regulations required to be made under subsection (4) of section 7 of the said Act, by the Commissioners of Customs with the consent of the Treasury, shall in the possession be made by the Governor in Council.
(v.) Section 5 of the said Act, so far as relates to the Commissioners of Customs, shall not
apply in the possession.
4. This Order may be cited as "The Mail Ships (France) Order in Council, 1892."
And the Most Honourable the Marquis of Salisbury, K.G., and the Right Honourable Lord Knutsford, two of Her Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively appertain.
C. L. PEEL.