CO129-044 - Public Offices - 1853 — Page 80

4.

and for the arrangement and settlement of all and all Preamble. manner of differences, contentions, suits, and vari- ances that might or should happen to arise between them or any of them; and should moreover have power and authority, as far as in them might lie, to compose and settle all and all manner of differences, contentions, suits, and variances, that might or should happen to arise between British subjects and the subjects of the Emperor of China, or between British subjects and the subjects of any foreign Power, and which might be brought before them for settlement; and Her Majesty was further pleased to order that Her Majesty's Consuls and Vice- Consuls in China, or any persons acting provision- ally as such Consuls or Vice-Consuls, should, in the exercise of the jurisdiction so granted to them, be governed by such laws and ordinances in that behalf as might be enacted with the advice of the Legislative Council of the Island of Hong-Kong, by the Superintendent of the Trade of Her Majesty's subjects in China for the time being, being the Gover- nor of Hong-Kong; and Her Majesty was further pleased to appoint the Colony of Hong-Kong as the British colony, wherein crimes and offences com- mitted by British subjects within the dominions of the Emperor of China, which it might be expedient should be inquired of, tried, determined, and punished within Her Majesty's dominions, should be so inquired of, tried, determined, and punished :

And whereas in virtue of the powers conferred upon Her Majesty by the above recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resorting to China," divers ordinances have, by authority of Her Majesty, from time to time been enacted by the Superintendent of the Trade of Her Majesty's subjects in China, being the Governor of the Island of Hong-Kong, with the advice of the Legislative Council of the said island; and whereas it is expedient to consolidate and amend the same:

Ordinances.

I. Now, therefore, in pursuance of the above Repeal of previous recited Act passed in the 3rd and 4th of the

years reign of His late Majesty King William the Fourth, intituled "An Act to regulate the trade to China and India," and in pursuance of the above-

!

Interpretation of

terms.

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recited Act passed in the 6th and 7th years of Her Majesty's reign, intituled " An Act for the better government of Her Majesty's subjects resort- ing to China," and in execution of the powers thereby in Her Majesty in Council vested, Her Majesty is pleased, with the advice of her Privy Council, to order, and doth hereby order, That from and after the first day of November next ensuing each and every Ordinance enacted as aforesaid by the Superintendent of the Trade of Her Ma- jesty's subjects in China, being the Governor of the Island of Hong-Kong, with the advice of the Legislative Council of the said island, between the 23rd day of January, 1844, and the 28th day of January, 1852, shall be and is hereby repealed: Provided always, that anything done by the Chief Superintendent or any Consul or Vice-Consul, or person duly authorized to act as such, in pursu- ance of any Ordinance so repealed previously to the first day of November next ensuing, shall have the same force and effect as if this present Order had not been passed.

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II. And it is further ordered, That the term Chief Superintendent" in this present Order shall be construed to mean the Superintendent of British Trade in China for the time being, or the person duly authorized to act as such; and the term "Consul" shall be construed to include all and every officer in Her Majesty's service, whether Consul- General, Consul, Vice-Consul, or Consular Agent, or person duly authorized to act in any of the afore- said capacities within the dominions of the Emperor of China, and engaged in carrying out the provisions of this Order; and that wherever in this Order, with reference to any person, matter, or thing, any word or words is or are used importing the singular number, or the masculine gender only, yet such word or words shall be understood to include several persons, as well as one person, females as well as males, and several matters or things as well as one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and that the terms British ship or vessel," or 'ship or vessel under the British Flag," shall

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