CO882-(6-8) — Page 392

PUBLIC RECORD OFFICE

Reference :-

C.O. 882

8

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Short title.

Interpre- tation of

tering.

Power to intern.

Power to

lations.

24

Enclosure 1 in No. 50.

HONG KONG.

No, 7 of 1904.

AN ORDINANCE to Regulate the Internment of Refugees belonging to the Russian and

(L.s.)

M. NATHAN,

Governor.

Japanese Forces.

[September 15, 1904.] Whereas a state of war unhappily exists between Russia and Japan; and whereas the United Kingdom is on terms of amity with both these countries; and whereas persons belonging to the belligerent forces have sought and may seek refuge under the jurisdiction of the British crown, and have come and may come within the Colony or the waters thereof; and whereas it is expedient that regulations should be made respecting the internment of such persons during the continuance of the said war;

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Internment of Refugee Combatants Ordinance, 1904,

2. For the purposes of this Ordinance the expression "to intern" means to con fine anywhere within the Colony or the waters thereof, and the expression"" interned person" means any person ordered by the Governor to be so confined.

3. It shall be lawful for the Governor to intern during the continuance of the present war between Russia and Japan any person belonging to the forces, naval or military, of either belligerent, who shall seek refuge under the jurisdiction of the British crown, and shall come or be within the Colony or the waters thereof. Any person belonging to the said forces found within the Colony or the waters thereof during the continuance of the said war shall, unless the contrary is proved, be deemed to be a person seeking refuge as aforesaid.

4. It shall be lawful for the Governor-in-Council, from time to time as he shall make regn- think fit, to make, rescind and vary regulations for the purposes of prescribing the place and conditions of internment, and of maintaining order and discipline among the interned persons, and of providing penalties for the breach of the said regulations. All regulations made under this Ordinance shall be published in the Gazette, and shall thereupon become as valid as if inserted in this Ordinance.

Penalties for

5. Any interned person who shall escape and be recaptured, or shall attempt interned per to escape, or shall conceal himself, shall be liable, on summary conviction before a

son attempt.

ing to escape, Magistrate, to imprisonment, with or without hard labour, for any term not exceeding

the period of internment.

&c.

Penalties

6. Anyone who assists or procures or attempts to procure an interned person to escape, or who conceals an interned person, or who assists an interned person to conceal himself, shall, on summary conviction before a Magistrate, be liable to a fine not exceeding one thousand dollars, or to imprisonment, with or without hard labour, escape, &c. for a term not exceeding one year, or to both.

for assist- ing an interned person to

Power to

search pre-

mires and Vessels.

Operation

of Ordi-

nauce.

any

7. It shall be lawful, in the event of the escape of an interned person, for British naval or military officer, or any police officer of the Colony, having reasonable ground for suspecting that such interned person is in any premises within the Colony, or on board any vessel (not being, or having the status of, a vessel of war) within the Colonial waters, to search the said premises or vessel without a warrant, and to take back such interned person, if found, to the place of internment.

8. Save in respect of penalties, this Ordinance shall be deemed to operate retro- spectively as from the commencement of the said war.

Passed the Legislative Council of Hong Kong, this 15th day of September, 1904.

S. B. C. Ross,

Clerk of Councils. Assented to by His Excellency the Governor, the 15th day of September, 1901.

F. H. MAY,

Colonial Secretary.

25

Enclosure 2 in No. 50.

REPORT on Ordinance No. 7 of 1904.

Attorney-General's Office, Hong Kong, September-15, 1904.

I have examined the accompanying Ordinance, entitled "An Ordinance to regu- late the Internment of Refugees belonging to the Russian and Japanese forces," and I am of opinion that the Ordinance is one which is not contrary to the Governor's instructions.

The object of this Ordinance is the regulation, in accordance with the principles of international law, of the internment of any person belonging to the forces of Russia and Japan who, during the present war between those countries, may seek refuge under the British jurisdiction, and may come within this Colony. The immediate occasion for the Ordinance is that certain officers and men of the Russian torpedo boat destroyer "Burni" (which was lately stranded on the coast of China) sought refuge at Weihaiwei, and came thence to Hong Kong, and are now interned here in accordance with the principles aforesaid, and with the instructions of the Secretary of State for the Colonies.

E. H. SHARP,

Enclosure 3 in No. 50. GOVERNMENT NOTIFICATION.-No. 642.

The following regulations are published.

By Command,

Attorney-General.

F. H. MAY,

Colonial Secretary.

Colonial Secretary's Office, Hong Kong, September 16, 1904. REGULATIONS made by the Governor in Council, under Section 4 of the Internment of Refugee Combatants Ordinance, 1904, this 15th day of September, 1904.

1. The place of internment of the officers and men belonging to the Russian torpedo boat destroyer "Burni" (lately stranded on the coast of China) who are at present in this Colony, shall be a camp established for the purpose in the King's Park at Kowloon.

2. The Officer Commanding the 110th Mahratta Infantry shall be the Officer Commanding the said persons and camp.

3. Any refugee combatant interned under this Ordinance shall be subject to military law, and particularly to the provisions, so far as applicable, of Part I. of the Army Act, 1881, as from time to time amended.

S. B. C. Ross,

Council Chamber,

Hong Kong.

Enclosure 4 in No. 50.

Clerk of Councils.

MEMORANDUM OF ARRANGEMENTS to be made for the charge by the Military Authorities of the Officers and Men from the Russian torpedo-boat destroyer

Burni."

"

1 Commander. 2 Lieutenants.

1. As soon as the requisite legislation has been enacted and the arrangements described below have been made, the officer and crew detailed in the margin from the Russian torpedo-boat destroyer "Burni," now interned on H.M.S. Tamar," will be handed over by the Naval to the Military Authorities under arrangements to be made by the Officer Commanding the Troops in consultation with the Commodore for internment on shore.

1 Engineer.

61 Petty Officers and Men.

20111

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