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No. 71.--NOVEMBER 8, 1856.] The Hongkong Government Gazette.
PROCLAMATION.
Diplomatic Department.
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Whereas the Commands of Her Most Gracious Majesty The QUEEN have been received through the Principal Secretary for Foreign Affairs, disallowing Consular Ordinance No. 1 of 1856, intituled, “ An Ordinance to declare the Law respecting the Distribution of Estates of Insolvents at the Five Ports in China:" Notice is hereby given of such disallowance, and the provisions of that Ordinance are hereby declared to be null and void, and of no effect.
His Excellency The Chief Superintendent of Trade is advised that an Order in Council is in preparation, making provision for the state of things which led to the passing of the said Ordinance.
GOD SAVE THE QUEEN.
Given at Victoria, Hongkong, this 4th Day of November, 1856.
JOHN BOWRING,
H. M.'s Plenipotentiary and Chief Superintendent of British Trade in China.
By Command of His Excellency Her Majesty's Plenipotentiary,
GOVERNMENT NOTIFICATION.
W. WOODgate.
Diplomatic Department.
Her Majesty's Chief Superintendent of Trade in China, Plenipotentiary to China, Siam, &c., &c., publishes for general information, Her Majesty's Order in Council, regulating and defining British Consular Authority in Siam.
By Order,
Superintendency of Trade, Victoria, Hongkong, 3d November, 1856.
W. WOODGATE.
AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 28TH DAY OF JULY, 1856.
PRESENT:
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
WHEREAS by a certain Act of Parliament made and passed in the session of Parliament holden in the sixth and seventh years of Her Majesty's reign, intituled, " An Act to remove doubts as to the exercise of power and jurisdiction Her Majesty within divers countries and place out of Her Majesty's dominions, and to render the same more hetual" it is amongst other things enacted, that it is and shall be lawful for Her Majesty to hold, exercise, and enjoy, any power or jurisdiction which Her Majesty now hath, or may at any time hereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory;
And whereas Her Majesty hath power and jurisdiction in the dominions of the Kings of Siam;
And whereas it is expedient at the present time to make provision for the due exercise of the jurisdiction pos- sessed by Her Majesty as aforesaid:
Power granted to
to
enforce
I. Now, therefore, in pursuance of the above recited Act of Parliament, Her Majesty is pleased, by and with the ivice of her Privy Council, to order, and it is hereby ordered, That Her Majesty's Consul appointed to reside in the Consul Kingdom of Siam shall have full power and authority to carry into effect, and to enforce, by fine or imprisonment, as Treaties, and to esta- hereinafter provided, the observance of the stipulations of any Treaty, or of regulations appended to any Treaty, now blish Rules and Regu- existing or which may hereafter be made between Her Majesty, her heirs and successors, and the Kings of Siam, their lations. heirs and successors, and to make and enforce, by fine or imprisonment, rules and regulations for the observance of the ipulations of such Treaties, and for the peace, order, aud good government of Her Majesty's subjects being within the dominious of the Kings of Siam.
1. And it is further ordered, That a Copy of all such Rules and Regulations made by the said Consul shall forth- Rules and Regula- with be affixed, and kept affixed and exhibited in some conspicuous place in the public office of the said Consol; and tions to be affixed and printed copies of the said rules and regulations shall, as soon as possible, be provided by the said Consul, and sold at a exhibited in the Office price not exceeding one dollar for each copy, and for the purpose of convicting any person offending against the said of the Consul. rules and regulations, and for all other purposes of law whatsoever, a printed copy of the said rules and regulations, vertified 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 regu- lations to be hereafter made, until the same shall have been so affixed aud exhibited for one calendar month in the public office of the Consul: Provided always, that any such rule or regulation made by Her Majesty's Consul, and to be enforced by a penalty, shall be submitted to Her Majesty's Principal Secretary of State for Foreign Affairs for allow- ance, or disallowance, and if any such rule or regulation should be disallowed by Her Majesty's Principal Secretary of State for Foreign Affairs, the same shall cease to have effect from the receipt by the Consul of such disallowance; Bevertheless the Consul shall not be liable to be proceeded against in any of Her Majesty's Courts in regard to any act done by him under such rule or regulation previously to its disallowance.
I. And it is further ordered, That it shall be lawful for Her Majesty's Consul, as aforesaid, upon information, or Proceedings for en- upon the complaint of any party that a British subject has violated any of the stipulations of Treaties, or of regulations forcement of Treaties of Rules and >ppended to any Treaty, between Her Majesty and the Kings of Siam, or has disregarded or infringed any of the rules and
and regulations for the observance of the stipulations of such Treaties, affixed and exhibited according to the provisions Regulations for the of the next preceding article of this present Order, to summou before him the accused party, and to receive evidence observance thereof. and examine witnesses as to the guilt or innocence of such party in regard to the offence laid to his charge; and to award such penalty of fine or imprisonment to any party convicted of an offence against the said treaties, or appended regulations, or the said rules and regulations, as may be specified therein respectively; and any charge against a British aljeet for a breach of Treaties or regulations, or for a breach of the rules and regulations for the observance of such Treaties, shall be heard and determined by the Consul, without assessors: Provided always, that in no case shall the Pilty to be attached to a breach of the said rules and regulations exceed five hundred dollars, or three months' im- prisonment,
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IV. And it is further ordered, That any charge against a British subject for a breach of rules and regulations, other Proceedings for en- Than those relating to the observance of Treaties, shall in like mauner be heard and determined by Her Majesty's Con- forcement of Rules and *; and in all cases in which the penalty shall not exceed two hundred dollars or one month's imprisonment, the Con. Regulations other than those for the observ- el shall hear and determine the charge summarily, without the aid of assessors; but where the penalty attached to a breach of the rules and regulations other than those relating to the observance of Treaties shail amount to more tliance of Treaties. 1o hundred dollars, or to imprisonment for more than one month, the Consul, before he shall proceed to hear the charge, all summon two British subjects of good repute to sit with him as assessors, which assessors shall however have no *ority to decide on the innocence or guilt of the party charged, 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 charged, on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty to See attached to a breach of rules and regulations other than those for the observance of Treaties exceed five hundred dollars or three months' imprisonment; and provided further that in the event of the said assessors or either of them
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