CO129-032 - Sir Bonham - 1850 [1-4] — Page 169

that Sher Majesty has been Gleased to confirm and

allow this Colerainel.

Jen.

will cauti

Iber

Mejistys alecision to be

sagrified

to the tubebelouts

of Hory Hory by a Troclamation

to be published in the loudl and most authentie Mannen.

Share

HONGKONG.

ANNO DECIMO TERTIO VICTORIE REGINE,

No. 2 of 1850.

BY Ilis Excellency SAMUEL GEORGE BONHAM, Esquire, Companion of the Most Honourable Order of the Bath, Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, Her Majesty's Plenipotentiary, and Chief Super- intendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

AN ORDINANCE TO PROVIDE FOR THE MORE EFFECTIVE CARRYING OUT OF THE TREATIES BETWEEN GREAT BRITAIN AND CHINA IN SO FAR AS RELATES TO CHINESE SUBJECTS WITHIN THE COLONY OF HONGKONG,

[20th March, 1850.]

WIIEREAS by the Treaties between Great Britain and China Pro- vision is made for the Rendition for Trial to Officers of their own Country of such Subjects of China as have committed Crimes and Offences against their own Government, and afterwards taken Refuge in Hongkong:-

Title.

Preamble.

Of-

I. Be it therefore enacted and ordained by His Excellency The Power to Ma- Governor of Hongkong with the Advice of the Legislative Council gistrates to de- thereof, That if any Complaint or Information, or any Communication tain Chinese Sub- by any Officer of the Chinese Government be made or forwarded to any committed

jects having Magistrate or Court, (other than the Supreme Court,) desiring the fences against Arrest of any Person being a Chinese Subject and then within the said the Laws of Chi- Colony of Hongkong, and alleging that such Person has committed, or na, and taken is charged with having committed, any Crime or Offence against the Refuge in Hong- Laws of China, or if it shall appear in the Course of any Investigation kong before such Magistrate or Court that any Person being a Subject of China has committed any such Crine or Offence, it shall and may be lawful for such Magistrate or Court to issue a Summons or Warrant for the Appearance or Apprehension of such Person; or if such Person be already in Custody, it shall be lawful to detain such Person, and to investigate the alleged Crime or Offence in the same Manner as if such Person were charged with a Crime or indictable Offence committed within the said Colony.

II. And be it further enacted and ordained, That in any such Nature of War- Warrant of Arrest or any subsequent Warrant of Committal or other rantin such Case. Warrant, it shall be sufficient to describe the Crime or Offence of such Person in Terms the same as, or similar to, those contained in such Complaint, Information, or Communication aforesaid.

Governor.

III. And be it further enacted and ordained, That if at the Close of Depositions in the said Investigation it shall appear to the said Magistrate or Court, such Case to be that such Person as aforesaid is a Subject of China, and that there is forwarded to the probable Cause for believing that the said F'erson has committed such Crime or Offence, it shall and may be lawful for such Magistrate or Court to commit such Person for safe Custody to Prison, and to direct the Jailer to detain such Person in Prison until the said Jailer shall receive some Order or Orders from the Governor of Hongkong, relative to the further Detention, Discharge, or Transmission of such Person to the nearest Chinese Authorities or to such other Chinese Authorities as to the said Governor shall seem fit: and the said Magistrate or Court shall, upon making such Committal as aforesaid, transmit to the said Governor of Hongkong the Minutes of such Investigation, and all Documents in his or its Possession connected with the Charge against sucli Person, in order that such Person may be dealt with according to the Treaties aforesaid.

165