CO129-044 - Public Offices - 1853 — Page 47

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British-registered and navigated according to law, and any ship or vessel owned by a party entitled by law to be an owner of a British-registered vessel, and any ship or vessel provided with sailing-letters from the Governor of the Colony of Hong-Kong, or from the Chief Superintendent of Trade; and that the term "shall be taken and held to include all persons employed in navigating any ship or vessel which may be proceeded against for a breach of the provisions of the present Order.

crew

to enforce Treaties,

tions.

Power granted to III. And it is further ordered, That the Chief Chief Superinten Superintendent, or Consul in the port, place, or dis- dent and Consuls trict in which he may reside, shall have full power and to establish and authority to carry into effect, and to enforce by Rules and Regula- fine or imprisonment, as hereinafter provided, the observance of the stipulations of treaties now existing or which may hereafter be made between Her Majesty, her heirs and successors, and the Emperor of China, his heirs and successors, and to make, and enforce by fine or imprisonment, rules and regulations for the observance of the stipula- tions of such treaties, and for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China, and to enforce in like manner such rules and regulations as have heretofore been made and continue unrepealed at the time of the passing of the present Order.

IV. And it is further ordered, That all rules and regulations heretofore made and continuing unre- pealed, or to be hereafter made by the Chief Super- intendent or Consul, as aforesaid, shall forthwith be printed, and a copy of the same be affixed and kept affixed and exhibited in some conspicuous place in the public office of the said Chief Superintendent or Consul; and printed copies of the said rules and regulations shall be provided by the said Chief Superintendent or Consul, and sold at a price not exceeding one dollar for each copy, and for the purpose of convicting any person offending against the said rules and regulations, and for all other purposes of law whatsoever, a printed copy of the

Rules and Regula- tions to be affixed

and exhibited in the Consular Office.

Proceedings for enforcement of Treaties and of

Rules and Regula-

tions for the

said rules and regulations, certified under the hand of the said Chief Superintendent or Consul to be a true copy thereof, shall be taken as conclusive evidence of such rules and regulations; and no penalty shall be incurred, or shall be enforced, for the breach of any such rules or regulations to be hereafter made, until the same shall have been so affixed and exhibited for one calendar month in the public office of the Consular district within which the breach of such rules or regulations shall be alleged to have been committed: P.ovided always, that no rule or regulation to be hereafter made by any of Her Majesty's Consuls, and to be enforced by a penalty, shall take effect until it has been submitted to, and approved by, the Chief Superin- tendent, and has thereupon been printed, and a copy of the same has been affixed and exhibited as aforesaid for one calendar month in the public office of the Consular district.

V. And it is further ordered, That it shall be lawful for the Chief Superintendent or Consul as aforesaid, upon information, or upon the com- observance thereof. plaint of any party, that a British subject has violated any of the stipulations of treaties be- tween Her Majesty and the Emperor of China, or has disregarded or infringed any of the rules and regulations for the observance of the stipulations of such treaties, affixed and exhibited according to the provisions of the next preceding article of this present Order, to summon before him the accused party, and to receive evidence and examine witnesses as to the guilt or innocence of such party in regard to the offence laid to his charge; and to award such penalty of fine or imprison- ment to any party convicted of an offence against the said treaties or the said rules and regulations,

as may be specified in the said treaties or in the said rules and regulations; and any charge against a British subject for a breach of treaties, or for a breach of the rules and regulations for the observ- ance of such treaties, shall be heard and determined by the Chief Superintendent or Consul without assessors: Provided always, that in no case shall the penalty to be attached to a breach of the said rules and regulations exceed five hundred dollars, or three months' imprisonment.

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