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THE HONGKONG GOVERNMENT GAZETTE, 61н AUGUST, 1887.
(3.) Who, without reasonable and lawful excuse (proof of which shall lie on the accused person), endangers peace by disturbing any religious ceremony or observance, or publicly insulting any minister of any religion, or violating or insulting any place or object of religious worship, or doing any other act of a similar nature, whether in relation to any native or other form of religion or superstition.
or
(4.) Who makes default in obeying any lawful summons or order of a Consular Court for his attendance or examination as a witness, or the production of documents or other evidence, (5.) Who gives any false evidence before a Consular Court in any civil or criminal matter, in
any affidavit or declaration used, or intended to be used, in such Court. (6.) Who disturbs by violence, insult, or menace the proceedings in any Consular Court. (7.) Who obstructs any officer of a Consular Court in the execution of the process of the Court,
or of any duty of such officer.
(8.) Who smuggles or imports into or exports from any place any goods with intent to avoid payment of any duty payable thereon to any recognized Chief, or King, Government, tribe, or people, or any goods the importation or exportation whereof (as the case may be) into such place is prohibited by any such Chief, King, Government, tribe, or people of such place. (9.) Who procures, or endeavours to procure, any other person to commit any of the above
offences.
A person convicted of an offence against this Order shall be liable to imprisonment for any term not exceeding three months, or fine not exceeding 50., or both of those punishments; and any goods smuggled or imported in contravention of this Article may, on conviction of the offender, or if he absconds or evades trial, be declared forfeited to Her Majesty, together with any ship, boat, cask, case, or receptacle, wholly or partly belonging to the offender, and containing such goods.
Nothing in this Article shall exempt a person from liability to be tried and punished otherwise than under this Article, for any act amounting to a crime punishable otherwise than under this Article," but so that he be not twice punished for the same matter.
If an offence against any of the sub-sections (4) (5) (6) and (7) of this Article, or sub-section (9) so far as it relates thereto, is committed in the course of or in relation to any proceeding in a Consular Court, it must be dealt with and punished not in the same proceeding, but in and by a sepa- rate criminal prosecution or proceeding for such offence.
10. Where a person is charged before a Consular Court with a crime punishable with death or penal servitude for twenty years or upwards, the Court shall cause him to be removed for trial to the West Africa Settlements or the Gold Coast Colony, or to England (as the case may require), if the Court is satisfied that there is reasonable ground for putting such person upon his trial for such crime, and that the attendance of the necessary witnesses for the prosecution and defence respectively at the proposed place of trial can be secured.
In case a person is so removed for trial the provisions of "The Foreign Jurisdiction Act, 1843," section 4, shall be observed.
11. In the case of any crime other than as in the last preceding Article mentioned, and which is by the law administered in the Consular Court punishable with imprisonment for twelve months or... upwards, it shall be in the discretion of the Consular Court, regard being had to all the circumstances: of the case, and in particular to the practicability of procuring the necessary witnesses for the prose-. cution and defence to attend at a trial elsewhere than within the district, either to cause the accused person to be removed for trial as in the last preceding Article mentioned, or to try the case.
12. A person tried before a Consular Court for a crime to which either of the two last preceding Articles applies shall, if practicable, be tried by the Court with Assessors, unless he consents to be tried without Assessors.
13. A person charged with a crime which is not punishable by imprisonment for twelve months or upwards, or by any greater punishment, or charged with an offence against this Order, shall be tried by the Consular Court, with or without Assessors, as the Court thinks fit.
14. A Secretary of State may remit in whole or in part any sentence of a Consular Court. In every case of sentence of death the minutes of the trial shall be transmitted to a Secretary of State, and the sentence shall not be carried into effect nutil confirmed by him.
When a Consular Court sentences a person to imprisonment exceeding twelve months or fine exceeding 1007., or in any other case, if a Secretary of State by any general or particular instruction so directs, the sentence shall be submitted to the Chief Justice of the West Africa Settlements, or the Chief Justice of the Gold Coast Colony, for review in the manner hereafter in this Order prescribed.
15.-(1.) Where a person is convicted before a Consular Court of any crime or offence, the Court may in addition to or in lieu of any other sentence, order him to give security to the satisfaction of the Court, by recognizance, deposit of money, or otherwise, for future good behaviour, and in default of such security, may order him to be deported forthwith, or after undergoing any other sentence which