CO129-044 - Public Offices - 1853 — Page 90

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zance whereof may at any time appertain to him, to be sent, in any of Her Majesty's ships of war, or in any British vessel, to the Colony of Hong-Kong, for trial before the Supreme Court of the said colony; and it shall be lawful for the commander of any of Her Majesty's ships of war or of any British vessel to receive any such person on board, with a warrant from the said Chief Superintendent or Consul, addressed to the Chief Magistrate of Police of the said colony, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver him, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said colony law-

fully acting as such, who on the receipt of the said warrant and of the party therein named, shall be authorized to commit, and shall commit such party so sent for trial to the common gaol of the said colony, and it shall be lawful for the keeper of the said common gaol to cause such party to be de- tained in safe and proper custody, and to be pro- duced upon the order of the said Supreme Court; and the Supreme Court at the sessions to be next holden shall proceed to hear aud determine the charge against such party in the same manner as if the crime, with which he may be charged, had been committed within the Colony of Hong-Kong.

XXXII. And it is further ordered, That the Provisions with Chief Superintendent or Consul, on any occasion in 6 & 7 Vict.,

regard to prisoners of sending a prisoner to Hong-Kong for trial, shall c. 94, to be ob- observe the provisions made with regard to pri- prisoners to Hong-

served in sending

soners sent for trial to a British colony in an Act Kong for trial. passed in the 6th and 7th years of Her Majesty's reign, intituled "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places out of Her Majesty's dominions, and to render the same more effectual.”

XXXIII. And it is further ordered, That the Supreme Court to Supreme Court of the Colony of Hong-Kong shall have concurrent jurisdiction with have and may exercise, concurrently with the Chief the Chief Superin- Superintendent or Consul, authority and jurisdiction

tendent or Consul.

civil suits

in regard to all suits of a civil nature between between British British subjects arising within any part of the

subjects. dominions of the Emperor of China; Provided

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Trade of British subjects to the northward of 32nd degree North lati- tude unlawful and punishable.

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always, that the said Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of certiorari or otherwise, to debar or prohibit the Chief Superintendent or Consul from hearing and determining, pursuant to the provisions of the several Articles of this Order, any suit of a civil nature between British subjects, or to stay the proceedings of the Chief Superintendent or Consul in any such matter.

XXXIV. And it is further ordered, That all trade whatsoever of Her Majesty's subjects in, to, or from any part of the coast of China to the north- ward of the thirty-second degree of north latitude, shall be unlawful; and each and every party engaged in such trade, as principal, agent, shipowner, ship- master, or supercargo, shall be liable to be appre- hended by any of Her Majesty's Consuls, and shall be sent by him to Hong-Kong in any of Her Majesty's ships of war or in any British vessel, for trial before the Chief Superintendent, and it shall be lawful for the Commander of any of Her Majesty's ships of war or of any British vessel, to receive any such party on board under a warrant from the said Consul addressed to the Chief Magistrate of Police of the Colony of Hong-Kong, and thereupon to convey him in custody to Hong-Kong, and on his arrival there to deliver hin, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer of Her Majesty within the said colony lawfully acting as such, who on the receipt of the said warrant and of the party therein named, shall be authorized to commit, and shall commit such party so sent for trial to the common gaol of the said colony, and it shall be lawful for the keeper of the said common gaol to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said Chief Superintendent, and the said Chief Superintendent shall forthwith proceed to hear and determine the charge against such party, and such party upon conviction before the Chief Superintendent shall be liable to a fine not exceeding ten thousand dollars, or to imprisonment for a term not exceeding two years, and the sentence of the Chief Superintendent shall be enforced to execution in the same manner

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