THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1861.
ing life, or of causing any bodily injury dangerous to life, the proceedings before the Consul shall be carried on with the aid of Assessors, convened in the manner aforesaid; and it shall be lawful for the Consul, if to him shall seem fit, to cause any person con- victed before him of any of the crimes aforesaid, over and above any fine or imprison- ment which may be awarded to such person, to be sent out of the dominions of the Tycoon of Japan, and to any such port as aforesaid, or to England, in the manner pointed. out in the next preceding Article of this Order, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted before the Consul.
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British subjects to
the peace.
XXIII. And it is further ordered that it shall be lawful for any of Her Majesty's Consuls may require Consuls, within the dominions of the Tycoon of Japan, upon information laid before him give security to keep by one or more credible witnesses, upon oath, that there is reasonable ground to appre- hend that any British subject is about to commit a breach of the public peace, to cause such British subject to be brought before him, and to require such British subject to give sufficient security to keep the peace; and in the event of any such British subject being convicted of, and punished for, a breach of the peace, to cause such British subject after he shall have undergone the punishment which may be awarded to him by the Consul, to fine security for his future good behaviour; and, in the event of any British subject who may be required, as aforesaid, to give security to keep the peace, or to find security for his good behaviour, being unable or wilfully omitting to do so, then, and in every such case, it shall be lawful for Her Majesty's Consul to send such British subjects out of the dominions of the Tycoon of Japan, and to any such port as aforesaid, or to England, in the manner pointed out in Article XXI of this Order.
the deported person to
XXIV. And it is further ordered that, in all cases in which a British subject shall, Consuls to report deportations to Her have been sent out of the dominions of the Tycoon of Japan to any such port as afore- Majesty's Secretary of said, or to England, as provided in Articles, XXI, XXII, and XXIII of this Order, the State, who may send Consul sending him out shall forthwith report such act of deportation, with the grounds England, or vary or of his decision, to Her Majesty's Principal Secretary of State for Foreign Affairs, or, in rendit his punishment. a case where the party so deported is a native of the aforesaid territories, to the Gov- ernor-General of India
Revision of senteu- ces of subordinate Con-
XXV. And it is further ordered that a report of every sentence passed by a subordinate Consular officer in the matters referred to in Articles XIX, XX, XXI, sular officer in trimi- XXII, and XXIII of this Order, and awarding a fine exceeding twenty dollars, or im- ual cases. prisonment for more then ten days, shall be sent in to the superior Consular officer of the district; and, on the receipt of such report, such superior Consular officer shall pro- ceed, without Assessors, to revise such sentence as to him may seem fit; and if the sentence should have been pronounced by the subordinate Consular officer, without Assessors, or with the concurrence of Assessors, then the decision pronounced by the superior Consular officer, on revision of the proceedings, shall be final; but if the sentence of the subordinate Consular officer shall have been pronounced, with dissent on the part of the Assessors, or of any of them, then the superior Consular officer shall not proceed to revise such sentence, but shall submit the whole proceedings to the Consul-General in the same manner as if the case had been originally heard and decided by the superior Consular officer, with dissent on the part of the Assessors, or any of them.
sent to Hongkong for
XXVI. And it is further ordered, that it shall be lawful for any of Her Majesty's Persons sentenced Consuls to send any person sentenced to imprisonment under this Order, at any time by Consuls may be while such sentence of imprisonment is in the course of execution, to Hong Kong, in any imprisonment. of Her Majesty's ships of war, or in any British ship or vessel, to undergo his term of imprisonment in any jail in Hong Kong, and it shall be lawful for the commander of any of Her Majesty's ships of war, or of any British ship or vessel, to receive any such per- son on board, with a copy of such sentence and a warrant from the Consul for its due execution, addressed to the Chief Magistrate of Police of the said Colony of Hongkong, and thereupon to convey him in custody to Ilong Kong, and on his arrival there, to de- liver him, with the said copy of such sentence and warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said Colony, law- fully acting as such, who, on the receipt of the said warrant, and of the person therein named, shall be authorized to commit, and shall commit, such person to any jail of the said Colony; and such sentence shall be enforced to execution in the said common jail in the same manner as if the sentence had been awarded by the Supreme Court of the said Colony.
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may be sent to Hong-
XXVII. And it is further ordered, that it shall be lawful for Her Majesty's Con- Britisis subjecis sul to cause any British subject charged with the commission of any crime or offence, charged with olioners the cognizance whereof may at any time appertain to him, to be sent in any of Her kong for trial before the Majesty's ships of war, or in any British vessel, to Hong Kong, for trial before the Supreme Court. Supreme Court of the said Colony; and it shall be lawful for the commander of any of Her Majesty's ships of war, or of any British vessel, to receive any such person on board,