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THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1861.
Repeal of Order in Council of March 3, 1859.
Commencement of the Order.
Interpretation of
terms.
Power to Consuls to
to establish Rules and Regulations.
And whereas Her Majesty hath power and jurisdiction in the dominions of the Tycoon of Japan :
And whereas Her Majesty was pleased, on the third day of March, A.D. 1859, by and with the advice of Her Privy Council, to issue a certain Order for the exercise of the said power and jurisdiction: `·
And whereas it is expedient at the present time to make further provision for the due exercise of the jurisdiction possessed by Her Majesty, as aforesaid, in the dominions of the Tycoon of Japan:
Now, therefore, in pursuance of the above-recited Act of Parliament, Her Majesty is pleased, by and with the advice of Her Privy Council, to order; and it is hereby ordered as follows:-.
I. The above-recited Order of the third day of March, A.D. 1859, shall be, and the same is hereby revoked and cancelled, save and except as to all acts, matters, and things, heretofore duly done under and in conformity with the said Order, or which may here- after be duly done under and in conformity with the same, previously to the day next succeeding the day on which this Order shall be received by the Consul-General in Japan.
II. And it is further ordered that this Order shall commence and take effect from and after the day on which it shall be received by the Consul-General in Japan.
III. And it is further ordered, that, in the construction of this Order, the word "Consul" shall be construed to include all and every officer in Her Majesty's service, whether Consul-General, Consul, Vice-Consul, or Consular Agent, or person duly an- thorized to act in any of the aforesaid capacities in the dominions of the Tycoon of Japan, and engaged in carrying into execution the provisions of this Order; and that the terms "British ship," or "British vessel," or "ship or vessel under the British flag," shall be construed to include any ship or vessel British-registered and navigated according to law; and any ship or vessel owned, or partly owned, by a person entitled by law to be an owner of a British-registered vessel; that the term "crew" shall be construed to in- clude all persons employed in navigating any such ship or vessel; and that, wherever in this Order any word or words is or are used importing the singular number or the mas culine gender only, such word or words shall, nevertheless, be construed to include several persons as well as one person, and females as well as males, unless it be other- wise specially provided, or there be something in the subject or context repugnant to such construction.
IV. And it is further ordered that the Consul in the port, place, or district in enforce Treaties, and which he may reside, shall have full power and authority to carry into effect and to enforce by fine or imprisonment, as hereinafter provided, the observance of the stipula- tions of the said Treaty, or of the Articles for the regulation of trade appended thereto, or of any other Treaty or Treaties which may be made between Her Majesty, her heirs and successors, and the Tycoon of Japan, his heirs and successors, or of any Articles or Kegulations appended thereto, and to make and enforce, by fine or imprisonment, rules and regulations for the observance of the stipulations of any such Treaty, and for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Tycoon of Japan.
Rules and Regula❤ tions to be exhibited
V. And it is further ordered, that all rules and regulations made by the Consul as in the Consular Office, aforesaid shall forthwith be printed, and a copy of the same shall be affixed, and kept aflixed and exhibited, in some conspicuous place in the public office of the said Consul; and printed copies of the said rules and regulations shall be provided by the Consul, and sold at a price not exceeding one dollar for cach copy; and for the purpose of convicting any person offending against the said rules and regulations, and for all other purposes of law whatsoever, a printed copy of the said rules and regulations, certified under the hand of the said Consul to be a true copy thereof, shall be taken as conclusive evidence of such rules and regulations; and no penalty shall be incurred, or shall be enforced, for the breach of any such rules or regulations, until the same shall have been so affixed and exhibited for one calendar month in the public office of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed: Provided always, that no rule or regulation to be hereafter made by any of Her Majes- ty's Consuls, and to be enforced by a penalty, shall take effect until it has been submit- ted and approved of by the Consul-General, and has thereupon been printed, and a copy of the same has been affixed and exhibited as aforesaid for one calendar month, in the public office of the Consular district.
Proceedings for en-
VI. And it is further ordered, that it shall be lawful for the Consul, upon inform- forcement of Treaties, ation or upon the complaint of any party that♣ British subject has violated any of the
and of Rules and Re-