servance thereof.
129
THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1861. stipulations of any Treaty between Her Majesty and the Tycoon of Japan, or has dis-gulations for the ob- regarded or infringed any of the rules and regulations for the observance of the stipula- tions of any such Treaty, affixed and exhibited according to the provisions of the next preceding Article of this Order, to summon before him the accused party, and to re- ceive evidence and examine witnesses as to the guilt or innocence of such party, in re- gard to the offence laid to his charge, and to award such penalty of fine or imprison- ment to any party convicted of any offence against any such Treaty, or against any such rules and regulations which may be specified in any such Treaty, or in any such rules and regulations; and any charge against a British subject for a breach of any Treaty, or for a breach of the rules and regulations for the observance of any such Treaty, shall be heard and determined by the Consul without Assessors: Provided always, that in no case shall the penalty to be attached to a breach of any such rules and regulations ex- cccd five hundred dollars, or three months' imprisonment.
Proceedings for en-, forcement of Rules
servance of Treaties,
VII. And it is further ordered, that any charge against a British subject for a breach of any rules and regulations other than those relating to the observance of and Regulations other Treaties, shall in like manner be heard and determined by the Consul, and in all cases than those for the ob- in which the penalty shall not exceed two hundred dollars, or one month's imprisonment, the Consul shall hear and determine the charge summarily, without the aid of Assessors; but where the penalty attached to a breach of any rules and regulations other than those relating to the observance of Treaties, shall amount to more than two hundred dollars, or to imprisonment for more than one month, it shall be obligatory upon the Consul, before he shall proceed to hear the charge, to summon two British subjects of good repute, residing within his district, to sit with him as Assessors, which Assessors shall, however, have no authority to decide on the innocence or guilt of the party accused, or on the amount of fine or imprisonment to be awarded to him on conviction, but it shall rest with the Consul to decide on the guilt or innocence of the party accused, and on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty to be attached to a breach of rules and regulations, other than those for the observance of Treaties, exceed five hundred dollars, or three months' im- prisonment; and provided further, that in the event of the said Assessors, or either of them, dissenting from the conviction of the party accused, or from the penalty of fine or imprisonment awarded to him by the Consul, the Consul shall take a note of such dis- sent, with the grounds thereof, and shall require good and sufficient security for the appearance of the party convicted, at a future time, in order to undergo his sentence or receive his discharge; and the Consul shall, within twenty days, report his decision, with all the particulars of the case, together with the dissent of the Assessors or either of them, and the grounds thereof, to Her Majesty's Principal Secretary of State for Foreign Affairs; and Her Majesty's Principal Secretary of State for Foreign Affairs shall have authority to confirm or vary, or reverse, the decision of the Consul, as to him may seem fit: Provided always, that if an appeal shall be entered against the decision of the Consul, no such report shall be made to Her Majesty's Secretary of State for Foreign Affairs on the ground of the dissent of the Assessors, or either of them, but the appeal shall be prosecuted in the manner hereinafter ordered.
Revised Pres.
Consular effet AN
VIII. And it is further ordered, that in any question relating to the observance of Treaties, or of the rules and regulations for the observance of Treaties, or of rules and regulations other than those for the observance of Treaties, a report of any and every decision made by a subordinate Consular Officer, with or without the aid of, Assessors, shall be sent in to the superior Consular Officer of the district, and that on. the receipt of such report, the superior Consular Officer of such district shall proceed, without Assessors, to revise such decision as to him may seem fit, and such revision shall have, for the purposes of this Order, the same effect as if the case had been originally heard and determined by such superior Consular Officer, with or without the aid of Assessors: Provided always, that in any case in which the Assessors, or either of them, shall dissent from a decision of a subordinate Consular Officer, such decision shall not be subject to revision by the superior Consular Officer, but in the event of no appeal being entered as aforesaid, shall be submitted to Her Majesty's Principal Secretary of State for Foreign Affairs for revision, in the same manner as if such decision had been originally made by the superior Consular Officer.
T:
A
IX. And it is further ordered, that any party tried and convicted before a Consul for a breach of any Treaty between Her Majesty and the Tycoon of Japan, or for a breach of rules and regulations for the observance of any sucli Treaty, or for a breach t of rules and regulations other than those relating to the observance of Treaties, may appeal, after sentence given by such Consul, to the Consul-General, who shall have power to confirm, or vary or reverse, such sentence, as to such Consul-General may seem fit, and to adjudge the expenses of such appeal, and from whose decision there shall be no further appeal; and upon notice given of such appeal, which notice must be given to the Consul in writing, signed by the party appealing within fifteen days after
k
ና