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PUBLIC RECORD OFFICE

C.C

Reference

885

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

3PUBLIC RECORD OFFICE, LONDON

Power of deporta

tion.

Co-operation with Fire Brigades.

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VII. His Excellency in Executive Council is authorized to deport or cause to be deported to any place within the Empire of China, any Chinamen liable to arrest under Section VI of this Ordinance.

VIII. Every person whomsoever required by the Superintendent of Police to co-operate with any fire brigade, whether consisting of volunteers or not, so that the same be approved by His Excellency, or in the working of fire engines, or in the suppression of fire, shall be bound to obey such requisition under the penalty for every case of disobedience of not less than ten dollars, nor more than fifty dollars, to be imposed by any Justice of the Peace, or Ordinance No. 1 of (if such Justice shall think fit and the offender shall be a Chinäman) of not more than fifteen 1855 (Sections III blows, nor less than five blows.

to Vill) revived

and made perpetual, hereby revived and made perpetual.

IX. Sections III to VII, both inclusive, of the expired Ordinance No. 1 of 1855 are Ordinance No. 14 X. Division 8 of Section, III of Ordinance No. 11 of 1845 is hereby amended by of 1845 (Section III.

expunging the words " One hundred and fifty," and inserting the words “ Three hundred Division 8)

amended.

Power to fire on Chinese abroad at night-time.

in the stead thereof.

XI. Every person lawfully acting as a sentry or patrol at any time between the hour of eight in the evening and sunrise is hereby authorized, whilst so acting, to fire upon, with intent or effect to kill, any Chinaman whom he shall meet with or discover abroad and whom he shall have reasonable ground to suspect of being so abroad for an improper purpose, and who being challenged by him shall neglect or refuse to make proper answer to his challenge.

XII. If any Chinaman, not being the holder of a night pass, shall carry abroad with holding passes shall him, whether by night or day, any deadly weapon whatsoever, he shall be guilty of a mis-

demeanour.

Chinamen not

not carry armis.

Acis not to be

questioned.

Further powers to persons serving in the ses and landi forces of Her Ma- jesty and of her Allies.

Courts-martial not

1

to obtain jurisdie - tion over other

persons.

XIII. No act done or attempted in pursuance of this Ordinance shall be questioned in any Court.

XIV. Persons serving in the sea or land forces of Her Majesty or of Her Allies shall, if acting or aiding in the execution of this Ordinance, be deemed and taken to have such further and other powers and authorities for the better securing the public peace and order as they would have had if martial law had been proclaimed within this colony; and it shall not be lawful to try and punish any such persons for any act done or attempted in pursuance of such further or other powers or authorities, or any of them, save only (in the case of Her Majesty's said forces) before a court-martial to be holden under any statute for holding

such a court.

XV. Nothing in the last section contained shall be construed to confer upon a court- martial any jurisdiction whatsoever over persons not serving in Her said Majesty's sea or land forces.

XVI. All acts done or attempted before the passing of this Ordinance, and which would Indemnity for past have been lawful if so done or attempted after the passing thereof, are hereby authorized and made valid; and no man shall at any time hereafter be called in question for or in respect of the same.

JOHN BOWRING,

acts.

Appendix No. 2.

Murder or man- slanghter com- uitted out of the I nited Kingdonı or of this Colons.

Appendix No. 3.

Passed the Legislative Council of Hong Kong, this 6th day of January, 1857.

L. D'ALMADA E CASTRO, Clerk of Councils,

Note. Sir J. Bowring has been instructed to suspend the operation of this Ordinance and not to bring it into effect again without permission previously sought and obtained from Her Majesty's Government.

Appendix No. 2.

EXTRACT of MAURITIUS ORDINANCE, No. 9 of 1850, for Regulating the Jurisdiction of the District Magistrates in Criminal Matters.

II. IF any of Her Majesty's subjects shall be charged in this Colony with any murder, or manslaughter, or with being accessory before the fact to any murder, or with concealing or otherwise endeavouring to aid in the escape from justice of any person charged with any murder or manslaughter, the same being committed on land out of the United Kingdom or of this Colony, whether within or without the Queen's dominions, it shall be lawful for any Magistrate of the district in which the person so charged shall be, to inquire into the offence so charged, and to proceed therein as if the same had been committed within the limits of his ordinary jurisdiction.

(No. 168.) SIR,

Appendix No. 3.

COPY of a DESPATCH from-Governor Sir W, Rɛip to Mr. LADOUCHERE.

Malta, Palace, Valetta. Nov. 28, 1857.

I HAVE the honour to transmit herewith a copy of a letter from the Crown Advocate, together with the documents to which he refers, on the subject of the interpretation of the

97

Act 6 & 7 Vict.. cap. 94. in regard to the competence of Her Majesty's Criminal Court to order the arrest of a British subject on the charge of murder committed within the Ottoman dominions, in the event of his having absconded from those dominions, and arrived in Malta of his own free will.

You may deem it desirable that this point be submitted for the opinion of the Law Officers of the Crown.

I have, &c.

The Right Hon. H. Labouchere, M.P.,

&c.

&c.

&c.

(Signed)

Appendix No. 4.

WM. Reid, Governor.

DRAFT of a Declaration by Her Majesty of hostilities between the United States of the Ionian Islands and the Emperor of Russia.

VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, and Protectress of the United States of the Ionian Islands,

Whereas on the 28th March, 1854, We announced, by Our Royal Declaration, that We felt called on to take up arms against the Emperor of Russia, in conjunction with the Emperor of the French, for the defence of the Sultan

And whereas We deem it fitting, by virtue of Our authority, as Protecting Sovereign

of the said United States of the Ionian Islands, in like manner to declare war on the part of

the United States of the Ionian Islands against the said Emperor of Russia.

We do, therefore, hereby, as such Protecting Sovereign, declare that the State of the Ionian Islands is in a state of war with the Emperor of Russia.

And We further declare, that the Proclamations, Declarations, and Orders in Council,

of which a list is subjoined, shall apply to, and have effect in, the Ionian Islands, and in regard to subjects thereof, in like manner as in the United Kingdom of Great Britain and Ireland, and in regard to subjects thereof, so far as the same are applicable to the circumstances of the Ionian Islands.

SIR,

Appendix No. 5.

COPY of a LETTER from Mr. GUEVILLE to Mr. MERIVALE.

Council Office, Whitehall, November 27, 1855. WITH reference to Sir George Grey's letter of the 19th instant to the Lord President of the Council, enclosing the draft of a Declaration by Her Majesty of hostilities between the United States of the Ionian Islands and the Emperor of Russia, and the draft of a Proclama- tion to be issued by the Lord High Commissioner to the said United States, giving notice of such Declaration, I am directed by his Lordship to return to you these two drafts, and to request that you will lay the same before Mr. Secretary Labouchere, and call his particular attention to the last paragraph of the Declaration.

It does not appear that Proclamations or Orders in Council (with the exception of Orders approving draft Proclamations for the dissolution of the fonian Parliament) have ever been issued in regard to, or considered in any way to be in force in, the Ionian Islands; the Lord President, therefore, is of opinion that it admits of very serious doubt how far it is proper that Her Majesty should be advised to issue a Declaration; that several Proclamations and Orders in Council shall apply to, and have effect in, these Islands. And his Lordship would suggest to Mr. Secretary Labouchere whether it may not be expedient to omit the paragraph in question from the Declaration; and whether the objects contemplated by such application of the Orders, &c., cannot be attained by calling upon the authorities in the Islands to take such steps as may be necessary for that purpose.

Herman Merivale, Esq,, → &c. &e.

&c.

SIR,

Appendix No. 6.

I am, &c.

(Signed)

C. GREVILLE.

Copy of a LETTER from Mr. HAMMOND to Mr. MERIVALE.

Foreign Office, October 13, 1857. I HAVE laid before the Earl of Clarendon your letter of the 23rd ultimo, enclosing drafts of two references which Mr. Secretary Lalouchere proposes to make to the Law Officers of the Crown, in regard to the effect that the recent Order in Council of August 27 for regulating Consular Jurisdiction in the Levant will have upon the citizens and vessels of the Ionian States; and I am to request that you will acquaint Mr. Labouchere that Lord Clarendon concurs in the proposed references.

Appendix No. 4.

Appendix No.5.

Appendix No. 6.