THE HONGKONG GOVERNMENT GAZETTE, 6тя AUGUST, 1887.
947
6. This Order shall not, except as herein expressly provided, abridge, affect, or interfere with any power or jurisdiction exercisable otherwise than under this Order, whether by virtue of any Statute or Order in Council, or of any Colonial law, or of any Treaty, or otherwise, and whether exercisable by Her Majesty or by any Colonial Legislature or Colonial or Consular or other Court, or under any Commission, and in particular shall not interfere with any power or jurisdiction exercisable under or by virtue of the Act 1 & 2 Geo. IV., cap. 28, or the Act 6 & 7 Vict., cap. 13, or the Act 23 & 24 Vict., cap. 121, or by virtue of the Acts 24 & 25 Vict., cap. 31, and 34 & 35 Vict., cap. 8, relating to offences committed in territories adjacent to Sierra Leone, Gambia, Gold Coast, Lagos, and the adjacent Protectorates; and all powers and jurisdictions in this Article mentioned shall continue to exist concurrently with and independently of the powers and jurisdictions exercisable under this Order.
PART II-LAW.
7.-(1.) The civil and criminal law to be administered under this Order shall be the civil and criminal law in force in England at the date of the commencement of this Order, so far as applicable, and subject to the modifications and with the additions contained in this Order, or for which provision is made by this Order, or by any Queen's Regulations made or for the time being in force under this Order.
(2.) A Secretary of State may from time to time, by order published in such manner as he directs, declare that any of the laws or ordinances for the time being in force in the West Africa Settlements or the Gold Coast Colony, shall have effect and be administered under this Order in relation to any place or places within the limits of this Order, with such modifications or adaptations as may be necessary; and thereupon such laws or ordinances, as so modified or adapted, shall have effect, in accordance with such order, as if they had been applied by this Order.
(3.) The provisions of any Treaty with Her Majesty or Her successors for the time being in force' with respect to any place within the limits of this Order shall have effect as part of the law to be enforced under this Order in relation to such place, and in case of inconsistency between such provisions and the law in force in England, or anything contained in this Order, effect shall be given to such provisions.
(4.) Crimes, offences, wrongs, and breaches of contract committed against or affecting the person, property, or rights of natives of Africa, or other persons not being British subjects, committed by persons subject to this Order, are punishable or otherwise cognizable under the provisions of this Order, with the consent of such natives or persons, in the same manner as if they were committed against or affected the person, property, or rights of British subjects.
8. Every Consul, according to the authority to be assigned to him under this Order, shall have power to make and alter Regulations (to be called Queen's Regulations) for the following purposes (that is to say):-
(1.) For securing the observance of any Treaty for the time being in force relating to any place.
to which this Order applies.
(2.) For the peace, order, and good govermnent of British subjects or British-protected persons (so far as subject to this Order) within any such place in relation to matters not provided for by this Order.
(3.) For requiring Returns to be made of the nature, quantity, and value of articles exported from or imported into his district, or any part thereof, by or on account of any British subject or British-protected person who is subject to this Order, or in any British ship, and for prescribing the times and manner at or in which and the persons by whom such Returns are to be made.
Any Regulations made under this Article shall, when allowed by a Secretary of State, and published as he directs, have effect as if contained in this Order.
Any Rules or Regulations heretofore made under the authority of the West Africa Order in Council, 1872, and which are in force at the time of the commencement of this Order, and which are not expressly repealed by this Order, shall, notwithstanding the repeal of that Order, continue in force until revoked by a Secretary of State, but shall be subject to the provisions of this Order, and so far as they are inconsistent with any provision of this Order, or with any Regulations or Rules made under this Order, this Order, and any Regulations or Rules made under it, shall have effect.
9. A person shall be deemed guilty of an offence against this Order--
(1.) Who wilfully or knowingly acts in contravention of any such Treaty as defined in this Order,
or of any Regulation appended thereto.
(2.) Who acts in contravention of any of the Queen's Regulations to be made under this Order, or of any Rules or Regulations for the time being in force-made under the authority of the West Africa Order in Council of 1872.