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officer of Her Majesty within the said colony law- fully acting as such, and he is hereby required, on a requisition addressed to him by the Chief Super- intendent under his hand and seal, to cause such person to be apprehended and brought before him the said Chief Magistrate or other officer; and the said Chief Magistrate or other officer on such person being brought before him, shall proceed to inquire into the offence laid to the charge of such person, in the same manner as if such person was charged with having committed an offence within the Colony of Hong-Kong, and the said Chief Magistrate or other officer having so inquired, shall report the result of such inquiry to the Chief Superintendent, and shall forthwith transmit to him the depositions with all the documents or other proofs which have been made or produced before him against or in behalf of the person so charged, and shall meanwhile detain the person so charged in custody or hold him to bail, and the Chief Superintendent shall thereupon direct the person so charged to be discharged, or shall proceed to award to such person the punishment to which he may be liable under the provisions of this Order, in the same manner as if the case had been originally inquired of, tried, and determined by the Chief Superintendent; and the decision of the Chief Superintendent in every such case shall be final; and any sentence of imprisonment awarded by the Chief Superintendent shall be enforced to execution in the common gaol of the Colony of Hong-Kong, in the same manner as if the sentence had been awarded by the Supreme Court of the said colony: Provided always, that the Chief Super- intendent may, if he deems it advisable for the better decision of such cases, call in the assist- ance of two or more assessors, who, however, shall only have
power to advise, but shall not have power to decide: and provided further, that the said Chief Magistrate of Police of the Colony of Hong-Kong, or any person lawfully acting on his behalf, or under his authority, shall not be liable to any action for damages in consequence of proceed- ings taken by him in pursuance of any requisition addressed as aforesaid by the Chief Superintendent to the said Chief Magistrate.
Supreme Court to have, in certain criminal matters,
concurrent jurisdic
tion with the Chief Superintendent or Consul.
Prisoners may be sent to Hong-Kong from the ports of China for trial
23
XXX. And it is further ordered, that save and except as regards offences committed by British subjects against the stipulations of Treaties between Her Majesty and the Emperor of China, or against rules and regulations for the observance of the stipulations of such Treaties, duly affixed and exhi- bited according to the provisions of Article IV of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China, duly affixed and exhibited as aforesaid, and save and except as regards the offence of engaging in trade declared by Article XXXIV of this Order to be unlawful, which offences shall be enquired of, tried, determined, and punished,
in the manner hereinbefore and by Article XXXIV of this Order provided, and not otherwise, the Supreme Court of the Colony of Hong-Kong shail have and may exercise, concurrently with the said Chief Superintendent or Consul, authority and juris- diction in regard to all crimes and offences, com- mitted by British subjects being within the dominions of the Emperor of China, and the ports and havens thereof, or on the high seas within any ship or vessel at a distance of not more than one hundred miles from the coast of China, in the same and as ample a manner as if such crimes and offences had been committed within the Colony of Hong-Kong: Provided always, that the 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 Chief Superintendent or Consul from taking cognizance, pursuant to the provi- sions of Articles XVIII, XIX, XX, XXI, and XXII, of this Order, of any crime, or misde- meanour, or offence, committed by a British subject, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China.
XXXI. And it is further ordered, That it shall be lawful for the Chief Superintendent or
Consul, to cause any British subject charged with before the Supreme the commission of any crime or offence the cogni-
Court.
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