CO129-063 - Sir Bowring - 1857 [4-7] — Page 294

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

1

Govern for John

293 Iuay, 1857.

Bowring

The BF Honble themy Laboucher, M.

2 Inclosures.

N93-

Received

by the Attorney General!

munitions of War", as prepared Graft Ordinance "for certain of 2/2th January, and submitting

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291

HONGKONG.

ANNO VIGESIMO VICTORIE REGINE. No. of 1857.

By His Excellency SIR JOHN BOWRING, Knight, LL.D., 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 Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

An Ordinance for certain Munitions of War.

May, 1857.]

Be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, in manner following:—

Title.

Preamble.

I.

The proper Authority for the general execution of this Ordinance shall be a Stipendiary Magis- The execution of the rate or any Two Justices of the Peace.

Ordinance.

To what Munitions

II. The Munitions of War to which this Ordinance is applicable shall be the following, and none other; that is to say, Artillery, parts of Artillery, Fire-arms, parts of Fire-arms, Gunpowder, Percussion Caps, applicable. Detonating Pow der or Substances, Shell, Rockets, great and small Shot, Explosive Substances of all kinds used in warfare, and Shot.

Exportation and

III. No Person shall bereafter export, ship, or endeavour to export or ship, any of the said Munitions an board of any Vessel or Boat within this Island, without a written License thereto, under the Hand and Shipping Licenses. Seal of the proper Authority, unless the same are bona fide intended for the use of the said Vessel or Boat, or her Mariners or Passengers, within the meaning of Sections Five and Six respectively, or for the use and service of Her Majesty's Forces by Sea or by Land: And for every License there shall be received the

from the applicant by the said Authority, to and for the use of the Crown.

Fee of

Fee on License.

Conditions on which

IV. No such License shall be granted but upon the said Person's written application under his Hand to the proper Authority, wherein the said Person shall truly set forth the Nature and Number of the Muni- Licenses may be grant- tions to which the same relates, the Name and Address of him the said Person, and the Name and Addressed. of the intended Consignee (if any) of the said Munitions, the Name of the Place (if any) to which the same are intended to be consigned, and the Name of every Vessel or Boat to be used in the said exportation, pping, or endeavour: And upon this further Condition, that the said Person shall, before obtaining the said License, enter into a Bond with Two sufficient Sureties for the payment of such Sum as the proper Authority shall, according to the circumstances of his case, determine, and conditioned to deliver up, within a certain time therein specified, to the said proper Authority, or to such other Public Officer as shall be therein named, some certain Evidence therein specified that the particular object or purpose in the said License expressed (and which shall be also recited in the said Bond) hath been duly and according to the tenor fulfilled, or made impossible by some inevitable accident; which said Bond may be in the form follow- ing, that is to say --

KNOW ALL MEN by these presents that we [the said Person and his Sureties] are held and

firmly bound unto Her Majesty Queen Victoria [or the reigning Sovereign in the sum of Boud.

Dollars to be paid to Her Majesty, Her Heirs and Successors, to which payment well and truly to be made we bind ourselves, and each of us by himself in solidum, each for the whole, and our Heirs, Executors, and Administrators, and every of them, firmly by these presents sealed by our Seals. Dated this

Day of in the Year of our Lord

[

WHEREAS the abovebounded [Person aforesaid] bath, under Ordinance No.

4

of 1857, applied

for a License to Ship on board of the [name of the Vessel or Boat] commanded by [Master's name] the Munitions following, that is to say describe them,] to be on and by the said Vessel

Sufficient form of

* [If the object be no or Boat carried to and landed at [name of the place]: *NOW THE CONDITION of this

] Months [or Exportation, but safe Bond is such, that if the said [Person aforesaid] shall within [

custody or carriage to Weeks or Days] from the date hereof deliver up unto [the said Magistrate or Justices, or some (nother Vessel, or any other Public Officer as aforesaid in proof of the carriage of the said Munitions to, and aboard other purpose, state at of, the said Vessel or Boat, and of their having been so state their ultimate disposal according according to the facts.]

to the recited facts or of his having by inevitable accident or destruction and not through his own act or default, been prevented from so carrying or disposing thereof,] the evidence follow- ing, that is to say the Certificate of G.II., or the offidavit of J.J., or both, and state very shortly their effect. And by such evidence or otherwise account for and in the premises, to the satis- faction of the said [Magistrate, or Justice, or Public Officer, as the case may be,] then this Bond

to be void, otherwise to remain in full force and virtue.

A. B., L..S. +C.D., LS.

E. F., L.S.

Signed, Sealed, and Delivered in presence of

W.X.

Y.Z.'

V. The Person in charge of a Vessel or Boat clearing out for any place beyond this jurisdiction, shall Lists of Munitions immediately, before receiving his Clearance, sign and deliver to the Officer granting the same, a full and true for Vessel's use.

list in duplicate of all such of the said Munitions as are intended to be kept on board, and for the use of the said Vessel or Boat during the voyage: And the said Officer shall retain one copy of the said list, and shall attach the other copy to the said Clearance: And all such Munitions as aforesaid, which not being lawfully shipped as part of the Cargo, or duly entered upon such list as aforesaid, shall after the time of clearance be found on board of any Vessel or Boat, shall (except in cases whereunto Section Six is applicable) be deemed to have been illegally placed or kept on board thereof by the Person having charge of the same.

VI. At or before the time of the clearance of any such Vessel or Boat having or about to have Pas Passengers to make sengers on board, each Passenger having, or intending to have, on board with him any of the said Munitions Returns of Munitione (not being lawfully shipped as part of the cargo), shall sign and deliver unto the said Officer a full and true for their own use. return thereof: And the said Officer shall, upon the nature and quantity of the said Munitions being ascertained by him to be reasonably required, or proper for the personal defence of the said Passenger and his company, or for bond fide sporting, grant to him a written License to have the same; and may, if he think fit, demand and obtain from the said Passenger, as a condition for such grant, a Bond as nearly as circumstances will admit of the like nature with the Bond in Section Four mentioned, to be entered into by the said Passenger and Two Sureties for the due observance of the said License, and to be delivered up by him in the like manner:

And all such Munitions as aforesaid, which any Passenger shall be found after

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