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THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.
If any person engages in such trade as a principal, agent, ship-owner, ship-master, or supercargo, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding two years with or without hard labour, and with or without fine not exceeding 10,000 dollars, or by a fine not exceeding 10,000 dollars withont imprisonment.
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93. If the Court before which any person charged with having committed such a misdemeanour is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.
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 accordingly.
94. The officer commanding any of Her Majesty's vessels of war or any of Her Majesty's Naval Officers authorized in this behalf by the Officer having the command of Her Majesty's Naval Forces in Japan by writing under his hand, may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trade by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navigating the vessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them, to any port or place in Japan or elsewhere convenient for the prosecution of a charge for the mis- demeanour alleged to have been committed.
Any such vessel, master, officers, supercargo, crew, and persons may lawfully be detained at the place of seisure or at the port or place to which the vessel is so taken under the authority of any such Officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion of any proceedings taken in respect of such misdemeanour.
IX.-JAPANESE WATERS.
95. When and as often as it appears to Her Majesty's Minister in Japan that the unrestricted entrance of British vessels into or the unrestricted passage of British vessels through any strait or other water in Japan may lead to acts of disturbance or violence, or may otherwise endanger the maintenance of peaceful relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japan, Her Majesty's Minister may make any Regulation for prohibiting, or for restricting in such manner as seems expedient, the entrance or passage of any British vessel (other than a vessel of war of Her Majesty) into or through any such strait or other water as aforesaid as defined in the Regulation.
Her Majesty's Minister may from time to time revoke or alter any such Regulation.
96. The foregoing provisions of this Order relative to the making, printing, publication, enforcement, and proof of Regu- lations to be made by Her Majesty's Minister in Japan, and to the mode of proceeding in respect of any charge for an offence against any such Regulations, shall extend and apply, mutatis mutandis, to any Regulation made by Her Majesty's Minister in Japan, as last aforesaid.
97. If any person navigating a British vessel wilfully violates, or wilfully attempts to violate, any such Regulation, the Officer commanding any vessel of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violation of the Regulation, and if it appears necessary or expedient may seize the vessel, and such Commanding Officer may either detain her at the place of seisure, or take her, or cause her to be taken to any port or place in Japan or elsewhere, where the offender may be more conveniently prosecuted for such offence.
Any such vessel may lawfully be detained at the place of seisure, or at the port or place to which she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Japan, until the conclusion of any proceedings taken in respect of the offence.
X-PIRACY.
98. Any British subject being in China or in Japan may be proceeded against, tried, and punished under this Order for the crime of piracy wherever committed.
99. If the Court before which a British subject charged with the crime of piracy is brought is a Provincial Court the Court shall report to the judge of the Supreme Court the pendency of the case.
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 accordingly.
XI.-OFFENCES AGAINST RELIGION.
100. If any British subject is guilty of publicly deriding, mocking, or insulting any religion established or observed in China or in Japan, or of 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 of 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 exceeding 500 dollars, or to a fine not exceeding 500 dollars, without imprisonment.
Notwithstanding any thing in this Order, every charge against a British subject of having committed any such offence shall be heard and determined 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 seem to the proper and expedient for the prevention of such offences.
XII-AUTHORITY WITHIN 100 MILES of Coast of China,
101. Where a British subject, being after the commencement of this 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 aforesai or within a vessel not lawfully entitled to claim the protection of the flag of any State, at such a 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 apprehendel 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 Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.
The Judge of the Supreme Court shall thereupon direct in what mode, and where the case shall be heard and determinst and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.
103. The provisions of this Order relative to crimes and offences, and proceedings in criminal matters shall in all respe 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 USA or Japan.