Page 365
SEP. 18 1844
HONGKONG.
ANNO SEXTO ET SEPTIMO
VICTORIÆ REGINÆ.
No. 9 of 1844.
By His Excellency Sir HENRY POTTINGER, Baronet, Knight Grand Cross of the most Honorable Order of the Bath, Major General in the Service of the East India Company, Governor and Commander in Chief of the Colony of Hongkong, and its Dependencies, and Superintendent of the Trade of Her Majesty's Subjects in China, with the advice of the Legislative Council of Hongkong
An Ordinance to restrain all persons within the Colony of Hongkong from trading in the Empire of China to the Northward of the 32d degree of North Latitude.
WHEREAS to secure the due observance of the treaties between the Empires of Great Britain and China, it is expedient to confine the Trade of all persons within the Colony of Hongkong, to the limits included by the five Ports in China, provided by the said Treaties for the same.
Title.
Preamble.
Be it therefore enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, that all Trade whatsoever by any person within the Colony of Hongkong, in, to, or from any part of the Coast of China, to the Northward of the 32d degree of North Latitude, shall be, and is hereby declared to be unlawful.
Trade to the Northward of the 32d degree of North Latitude to be unlawful.
And be it enacted, if any person within the Colony of Hongkong shall export or carry, or contract for exporting or carrying, or shall ship or embark, or contract for shipping or embarking, from, to, or in the limits aforesaid, any treasure, goods, or merchandize whatsoever, or shall fit out, man, navigate, equip, despatch, use, employ, let, take to freight, or on hire any vessel, or so contract, in order to embark in the Trade hereby declared unlawful, or shall knowingly, and wilfully lend and advance, or become security for, or contract for the lending or becoming security, for the loan of money, or effects employed, or to be employed in such trade as aforesaid, or shall knowingly be employed in and wilfully, become guarantee or security for, or contract for guaranteeing any Agent employed, or to be employed, in conducting such Trade as aforesaid, or in any other manner engage, or contract to engage, directly or indirectly, therein as a partner, Agent, or otherwise, or shall knowingly and wilfully ship, tranship, or receive, or put on board, or contract for shipping, goods, money, or effects, to be employed in such trade as aforesaid, or shall take the charge of, or command, or navigate, or enter, or embark, on board of any vessel or contract to do so as Captain, Master, Mate, Surgeon, or Supercargo, knowing that the vessel is employed, or intended to be employed in such unlawful trade as aforesaid, or shall knowingly and wilfully insure, or contract for the insuring of any property, or effects whatsoever, employed or intended to be employed in such Trade as aforesaid, then and in every such case, the persons so offending, shall forfeit to Her Majesty, Her Heirs, and Successors, a sum not exceeding Ten thousand dollars, and in default of payment of such penalty, shall be liable to be imprisoned for any term not exceeding two years.
Penalties for offences.
And be it enacted, if any person shall enter and embark on board of any ship or vessel as petty officer, seaman, marine or servant or in any other capacity serving knowing that the vessel is actually employed, or intended to be employed, in the Trade hereby declared to be unlawful, such person so offending, shall forfeit to Her Majesty, Her Heirs, and Successors, a sum not exceeding Five hundred dollars, and in default of payment, shall be liable to be imprisoned, with or without hard labour, for any period not exceeding three months.
Page 366