V.
Chinese cruizers will detain Native Vessels found without a Register, but Her Majesty's Vessels have no such power-except the absence of a Register is coupled with strong suspicion of the piratical character of the Vessel, when she may be detained with the concurrence of the Mandarin embarked, to whose charge she should be transferred.
VI.
Stink Pots being strictly forbidden in Chinese Vessels, their presence, joined to a valid suspicion of the Vessel being engaged in piratical pursuits, would justify the detention of the Vessel with the concurrence of the Mandarin.
VII.
Her Majesty's Vessels are on no account to enter the estuaries or rivers of China with a view to action against piracy, except in pursuit of a pirate from seaward; the captured Vessel in that case, is to be handed over to the Chinese Authorities in whose jurisdiction the capture was effected, with an express stipula- tion, however, that the pirates receive a fair trial and are not subjected to torture or any punishment repugnant to the usages of Civilized Nations.
VIII.
Piratical Vessels and Crews captured within three miles of the Coast of China by Her Majesty's Ships, either when acting independently or in co-operation with Chinese Cruizers, are to be given up to the Native Authorities with the stipulation mentioned in the preceding Article, but Vessels should only be captured within three miles of the Coast by H.M. Ships in an act of piracy or on the grounds of grave suspicion,
IX.
Piratical Vessels and Crews captured by II.M. Ships outside the three mile line, ie. on the "High Seas," when acting independently, are invariably to be taken for trial to the nearest Vice-Admiralty Court.
X.
In the event of the Capture of Piratical Vessels and their Crews by H. M. Ships on the High Seas when co-operating with Chinese Cruizers, each captor will deal with his own Prizes and Crews. English-made Prizes should be dealt with at Hongkong.
XI.
British subjects if distinguishable may be taken out of the Prizes made by the Chinese in a joint operation.
XII.
Pirates although taken "flagrante delicto" on the High Seas are not to be punished except by the sentence of a Court of Law.
XIII.
As the Viceroy of the Two Quang Provinces is rapidly organizing a competent steam squadron, the Commander-in-Chief is of opinion that the suppression of Piracy within Chinese jurisdiction should devolve upon that Squadron, but Her Majesty's Vessels may co-operate upon the Coast Line when so requested by the Native Authorities, through Her Majesty's Consul, or by the Mandarin embarked, with the exceptions hereafter mentioned, viz:-
1.-Her Majesty's Vessels are not to be dispatched to localities along the Coast within Chinese jurisdiction to obtain indemnities for robberies committed, or to secure the release of persons held to ransom. In all such cases the Native Authorities are to be called on, through Her Majesty's Consul, to take immediate measures of redress, and should the means at their disposal not be sufficient to effect the object in view, the question of co-operation should be decided by the Senior Officer of the Division.
2.-Landing in pursuit of pirates within Chinese jurisdiction is strictly for- bidden, notwithstanding that the request to land may proceed from the Mandarin embarked.
3.-The landing of armed parties to obtain information is objectionable; the enquiries should be made when possible by the Officer in Command, accompanied by the Mandarin embarked.
4.-Parties are on no account to be landed from Her Majesty's Ships within Chinese jurisdiction to destroy houses or villages, or even search them, on the ground of their inhabitants being engaged in acts of piracy. The Mandarins who accompany Her Majesty's Ships in their expeditions have no authority to request that such measures should be adopted.
that
It will, however, be the duty of Officers in Command to report the information may reach them of piratical Villages or Depôts, with a view to Her Majesty's Consul calling upon the Chinese Authorities to take steps for their suppression, in which case our co-operation may be afforded if solicited through Her Majesty's Consul
5.-Native vessels on the High Seas, or elsewhere, are not to be brought-to for examination except on strong grounds for believing the vessel to be engaged in piracy.
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