CO129-008 - Foreign Office - 1844 — Page 150

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

The next point which I have to remark. What is the provision of the Order, that in the exercise of the Jurisdiction granted to them, the Consuls should be governed by such laws and Ordinances in that behalf as may be enacted by you in pursuance of the powers conferred upon you by Her Majesty, under the China Act of last Session.

I have already stated to you, and you will find a corresponding remark in my Despatch to Sir Henry Pottinger No. 21 of the 8th of September, that it will devolve upon you in your Legislative capacity to enact laws and Ordinances for the Government of British Subjects and for enabling Her Majesty's Consuls in China to give effect to them. But with reference to the present Order it will be requisite that you should pass an enactment by which the degree of power to be vested in the Consuls, should be clearly defined, and the course of Judicial proceeding to be adopted by them, and the manner in which their judgments or sentences are to be carried into execution, be prescribed. It should also be stated in some such Enactment whether the Consul is to be the Sole judge, or whether there is to be any appeal, what the process of compelling appearance and of execution is to be, and what the means of punishing criminal offenders.

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The next point which I have to remark. What is the provision of the Order, that in the exercise of the Jurisdiction granted to them, the Consuls should be governed by such laws and Ordinances in that behalf as may be enacted by you in pursuance of the powers conferred upon you by Her Majesty, under the China Act of last Session. I have already stated to you, and you will find a corresponding remark in my Despatch to Sir Henry Pottinger No. 21 of the 8th of September, that it will devolve upon you in your Legislative capacity to enact laws and Ordinances for the Government of British Subjects and for enabling Her Majesty's Consuls in China to give effect to them. But with reference to the present Order it will be requisite that you should pass an enactment by which the degree of power to be vested in the Consuls, should be clearly defined, and the course of Judicial proceeding to be adopted by them, and the manner in which their judgments or sentences are to be carried into execution, be prescribed. It should also be stated in some such Enactment whether the Consul is to be the Sole judge, or whether there is to be any appeal, what the process of compelling appearance and of execution is to be, and what the means of punishing criminal offenders. Page 148 Page 149 Page 150 Page 151
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The next point which I have to remark. Wpoi, is the provision of the Order, that in the secrcise of the Jurisdiction granted to them, the Consuls should be governed by such laws and Irdinances in that- behalf as may be enacted by you the pursuance of the lowers conferred upon. you by Her Majesty, under the Chunia Act of last Sesion. I have already stated to you, and you will find a corresponding remark in my Deepatch to Sir Henry Pottingen 2001 of the 8th of September, that it will devolve whon yow me your Legislative capacely to mast laws and Ordinances 148 Ordinances for the Government of British and for bustling Berkajesty's (ondels in Cience, allem. But in China) to give effect tothem. But Subjects with reference to the present Arder it will an be requisite that you should pass- mactment by which the degree of power to be bested in the Consuls, should be clearly defined, and the course of Jecdicial proceeding to be adopted by them, and the matcher in which their judgments or sentences are, to be carried into execution, be prescribed. It should also be stated in some such Enactment whether the Consul, is to be the Sole judge, or whether there is to be any pay. what the process of compelling affinian and of execution is to be, and what of punishing tis criminal the means. and : Page 150Page 151
2026-05-16 19:53:31 · Baseline
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The next point which I have to remark. Wpoi, is the provision of the Order, that in

the secrcise of the Jurisdiction granted to them, the Consuls should be governed by

such laws and Irdinances in that-

behalf as may

be enacted by you the pursuance of the lowers conferred upon. you by Her Majesty, under the Chunia Act of last Sesion.

I have already stated to you, and you will find a corresponding remark in my Deepatch to Sir Henry Pottingen 2001 of the 8th of September, that it will devolve whon yow me your Legislative capacely to mast laws and

Ordinances

148

Ordinances for the Government of British

and for bustling Berkajesty's (ondels in Cience, allem. But in China) to give effect tothem. But

Subjects

with reference to the present Arder it will

an

be requisite that you should pass- mactment by which the degree of power to be bested in the Consuls, should be clearly defined, and the course of Jecdicial proceeding to be adopted by them, and the matcher in which their judgments or sentences are, to be carried into execution, be prescribed. It should also be stated in some such Enactment whether the Consul, is to be

the

Sole judge, or whether there is to be any pay.

what the process of compelling affinian and of execution is to be, and what of punishing tis criminal

the means.

and

:

Page 150Page 151

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