CO129-044 - Public Offices - 1853 — Page 53

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

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which may be awarded to such person, be sent out of the dominions of the Emperor of China and to the Colony of Hong-Kong in the manner pointed out in the next preceding Article of this Order, notwithstanding the crime laid to the charge of such person may be the first of which he has been convicted before the Consul.

quire British sub- jects to give secu- rity to keep the

deace.

XXII. And it is further ordered, That it Consuls may res shall be lawful for any of Her Majesty's Con- suls within the dominions of the Emperor of China, upon information laid before him by one or more credible witnesses that there is reasonable ground to apprehend that any British subject is about to commit a breach of the public peace, to cause such British subject to be brought before him, and to require such British subject to give sufficient security to keep the peace; and in the event of any British subject being convicted of and punished for a breach of the peace, to cause such British subject after he shall have undergone the punishment which may have been awarded to him by the Consul, to find security for his good beha- viour; and in the event of any British subject who may be required as aforesaid to give sufficient security to keep the peace, or to find security for his good behaviour, being unable or wilfully omitting to do so, then and in that case it shall be lawful for Her Majesty's Consul to send such British subject out of the dominions of the Emperor of China and to the Colony of Hong-Kong in the manner pointed out in Article XX of this Order.

XXIII. And it is further Ordered, That in all cases in which a British subject shall have been sent out of the dominions of the Emperor of China to the Colony of Hong-Kong as provided in Articles XX, XXI, and XXII of this Order, the Consul sending him out shall forthwith report such act of deportation with the grounds of his decision to Her Majesty's Chief Superintendent; and on the arrival of such person at Hong-Kong, after the sentence of the Consul shall have been duly exe- cuted, it shall be lawful for the Chief Superintendent to send him to England; and a party so to be sent to England by the Chief Superintendent

Revision of sen- tences of subordi-

nate Consular officers in Criminal proceedings.

Persons sentenced

by Her Majesty's

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may be embarked and conveyed to England in the manner provided in Article XX of this Order with regard to the embarkation and conveyance of such party to the Colony of Hong-Kong: Provided always, that if the Chief Superintendent shall con- sider that any such act of deportation inflicts upon the party a severer punishment than his offence has deserved, it shall be lawful for the Chief Superin- tendent to vary or remit such punishment, as to him shall seem fit.

XXIV. And it is further ordered, That a report of every sentence passed by a subordi- nate Consular officer in the matters referred to in Articles XVIII, XIX, XX, XXI, and XXII, of this Order, and awarding a fine exceeding twenty dollars, or, imprisonment for more than ten days, shall be sent in to the superior Consular officer of the district, and "on the receipt of such report, such superior Consular officer shall proceed without assessors to revise such sentence as to him may seem fit; and if the sentence should have been pronounced by the subordinate Consular officer without assessors or with the concurrence of assessors, then the decision pronounced by the superior Consular officer on revision of the proceed- ings shall be final; but if the sentence of the sub- ordinate Consular officer shall have been pronounced with dissent on the part of the assessors or of any or either of them, then the superior Consular officer shall not proceed to revise such sentence, but shall submit the whole proceedings to the Chief Superintendent in the same manner as if the case had been originally heard and decided by the superior Consular officer with dissent on the part of the assessors or of any or either of them.

XXV. And it is further ordered, That it shall Consuls may be be lawful for any of Her Majesty's Consuls to send sent to Hong-Kong any person sentenced to imprisonment under this for imprisonment. Order at any time, while such sentence of im-

prisonment is in course of execution, to the Colony of Hong-Kong in any of Her Majesty's ships of war, or in any British vessel, to undergo his term of imprisonment in the common gaol of the said colony and it shall be lawful for

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