16
Consuls may requiro British subjects to give Fecurity to keep the
peace.
Consuls to report do. portations to
who may send the de- ported person to Eng land, or vary or remit
his punishment.
Revision of sentences
officer in criminal cases.
Government Gazettę,
The Honghong Government
[JULY 30, 1855.
XXI. And it is further ordered that it shall be lawful for any of Her Majesty's Consuls within the dominious ef the Tycoon of Japan, upon information laid before him by one or more credible witnesses, upon oath, that there i, reasonable ground to apprehend that any British subject is about to commit a breach of the public peace, to cause sur! 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 Cons to find security for his future good behaviour ; and, in the event of any British subject who may be required, as afore said, 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 II r Majesty's Consul to send such Briti-h 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 XIX of this Order.
XXII. And it is further ordered that, in all cases in which a British subject shall have been sent out of the dominions of the Tycoon of Japan to any such port as aforesaid, or to England, as provided in Articles XIX, XX, and XXI of this Order, the Consul sending him out shall forthwith report such act of deportation, with the grounds of his decision, to Her Majesty's Principal Secretary of State for Foreign Affairs, or, in a case where the party so deported is a native of the aforesaid territories, to the Governor-General of India.
XXIII. And it is further ordered that a report of every sentence passed by a subordinate Consular officer in the of subordinate Consular matters referred to in Articles XVII,. XVIII, XIX, XX, and XXI of this Order, and awarding a fine exceeding twenty dollars, or imprisonment for more than 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 proceed, 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, o 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.
Persons sentenced by
Consuls may be sent to Hongkong for imprison-
ment.
Consuls may promote. reconcilment in cases of assault.
Definition of crimes
demeanours.
XXIV.
And it is further ordered, that it shall be lawful for any of Her Majesty's Consuls to send any person sentenced to imprisonment under this Order, at any time while such sentence of imprisonment is in the course of execution, to Hongkong, in any of Her Majesty's ships of war, or in any British ship or vessel, to undergo his term of imprisonment in any jail in Hongkong, 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 person 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 Hongkong, and on his arrival there, to deliver 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, lawfully acting as such, who, on the receipt of the said warrant, and of the person therein name, shali be authorized to commit, and shall commit, such person to any jail of the said Colony; and such sentence shall be ca forced 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.
XXV. And it is further ordered, that in cases of assault not coming within the terms of Article XX of this Order, it shall be lawful for the Consul before whom complaint is made, to promote reconciliation between the parties, and to suffer compensation and amends to be made, and the proceedings thereby to be stayed.
XXVI.
and offences and mis- the stipulations of Treaties between Her Majesty and the Tycoon of Japan, or against rules and regulations for the ob And it is further ordered, that save and except as regards offences committed by British subjects against servance of the stipulations of such Treaties, duly affixed and exhibited according to the provisions of Article IV of this Order, or against rules and regulation for the peace, order, and good government of Her Majesty's subjects being with- in the dominions of the Tycoon of Japan, duly exhibited and affixed as aforesaid, and save and except as regards the offence of engaging in trade, declared in Article XXIII of this Order to be unlawful, no act done by a British subjecs being within the dominious of the Tycoon of Japan shall be deemed and taken to be a crime, or misdemeanour, or offence, rendering the person committing it liable to punishment, which, if done within that part of Her Majesty's domi nions called England, would not, by a Court of Justice having criminal jurisdiction in England, have been deemed and taken to be a crime or misdemeanour, or offence, rendering the person so committing it, liable to punishment.
Minutes of proceedings before Consuls to be drawn up and preserv ed,
declared unlawful and punishable.
XXVII. And it is further ordered, that it shall be lawful for Her Majesty's Consul to cause any British subject charged with the commission of any crime or offence, the cognizance whereof may at any time appertain to him, to be sent in any of Her Majesty's ships of war, or in any British vessel, to Hongkong, for trial before the 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, with a warrant from the said Consul, addressed to the Chief Magistrate of Police of the said Colony, and, thereupon, to convey him in custody to Hongkong, and on his arrival there to deliver him, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer within the said Colony lawfully acting as such, who, on the receipt of the said warrant, and of the party therein named, shall be authorized to commit, and shall commit, such party so sent for trial to any jail of or in the said Colony, and it shall be lawful for the keeper of the said jail to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said Supreme Court; and the Supreme Court at the sessions to be next holden shall proceed to hear and determine the charge against such party in the same manner as if the crime with which he may be charged had been committed with- in the Colony of Hongkong.
And it is further ordered, that Her Majesty's Consul on any occasion of sending a prisoner to Hongkong for trial, shall observe the provisions made with regard to prisoners sent for trial to a British Colony in an Act passed in the sixth and seven years of Her Majesty's reign, intituled "An Aet to remove doubts as to the exercise of power and juris- diction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual."
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XXVIII. And it is further ordered, that the Supreme Court of the Colony of Hongkong shall have, and may exercise concurrently with Her Majesty's Consul, authority and jurisdiction in regard to all suits of a Civil nature between British subjects arising within any parts of the dominions of the Emperor of Japan: Provided always, that the said Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of" certiorari” or otherwise, to debar or prohibit the Consul from hearing and determining, pursuant to the provision of the several Articles of this Order, any suit of a Civil nature between British subjects, or to stay the proceedings of the Consul in any such matter.
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XXIX. And it is further ordered, that a minute of the proceedings in every case heard and determined before a Consul, in pursuance of this Order, shall be drawn up and signed by the Consul, and shall, in cases when assessors are present, be open for the inspection of such assesors, and for their signature if they shall concur therein; and such minute, together with the depositions of the witnesses, shall be preserved in the public office of the said Consul, anla copy
of every such minute and of such depositions shall, if the Consul General see fit to require them, be transmitted by the Consul to the said Consul-General.
Trade of British sub- XXX. And whereas it is stipulated in and by the said Treaty agreed upon and concluded between Her Majesty jects in contravention and his said Majesty the Tycoon of Japan as aforssaid, that the ports and towns of Hakodaki, Kanagawa, and Nagasaki, of Treaty with Japan shall be opened to British subjects on the first day of July, one thousand eight hundred and fifty-nine, and that, in addition thereto, the following ports and towns shall be opened to them at the dates thereinafter and hereinafter speci fied, that is to say, Nec-e-gata, or if Nee-e-gala be found unsuitable as a harbour, another convenient port on the west coast of Nipou, on the first day of January, one thousand eight hundred and sixty, and iliogo on the first day of Janu. ary, one thousand eight hundred and sixty-three:
Now it is hereby further ordered, that all trade whatsoever of Her Majesty's subjects in, to, or from any part of the dominions of the Tycoon of Japan, excepting the ports and towns aforesaid, and all trade whatsoever of Her Majes ty's subjects in, to, or from any of the ports and towns aforesaid, before the respective days and times specified in the said Treaty as aforesaid, shall be and the same is hereby declared to be unlawful, and every person engaged in such tade as a principal, agent, shipowner, shipmaster, or supercargo, shall be liable to be apprehended by any of Her Majes ty's Consuls, and shall, when so apprehended, be sent by him to Jeddo, in any of Her Majesty's ships of war, or in any British ship or vessel, for trial before the Consul-General. And it shall be lawful for the Commander of Her Majesty's ships of war, or of any British ship or vessel, to receive any such person on board under a warrant from the said Consul addressed to the Consul-General, and thereupon to convey him in custody to Jeddo, and, on his arrival there, to delive him, with the said warrant, into the custody of the said Consul-General, who, on the receipt of the said warrant ani the person therein namel, shall be authorised to commit, and shall commit, the person so sent for trial, and detain, or - cause him to be detained, in any place of safe custody at Jeddo, and the Consul-General shall forthwith proceed to hear and determine the charge against such person, and such person shall, upon conviction, be liable to a fine not exceeding ten thousand dollars, or to imprisonment for à term not exceeding two years.
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