CO129-065 - Sir Bowring & Public Offices - 1857 [11-12] — Page 263

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T the Court at Windsor, the 2nd day of party charged with having committed any offence

February, 1957,

against such treaties, or such rules or regulations as aforesaid, and who shall have escaped or removed from the consular district within which such offence was committed, shall be found, may

PRESENT,

The QUEEN's Most Excellent Majesty in Council.

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WHEREAS, an Orge of Hentai ter

in Council "for the government of Majesty's subjects, being within the dominions of "the Emperor of China, or being within any ship or vessel at a distance of not more than a "hundred miles from the coast of China," bearing date the thirteenth day of June, one thousand eight hundred and fifty-three, Her Majesty was pleased, amongst other things, to order that if any party charged with an offence committed against the treaties, or rules and regulations therein referred to, should escape or remove from the consular district within which such offence was committed, and should be found within another consular district, it should be lawful for the Consul within whose district the party should be found to proceed against him in the same manner as if the offence had been committed within such

district : And whereas, in and by the said Order in Council, provision was made for the manner in which British subjects, convicted of crimes and offences committed within the dominions of the Emperor of China, or being required and being unable, or wilfully omitting, to give sufficient security to keep the peace, or to find security for their good behaviour, might be sent out of the dominions of the Emperor of China to the colony of Hong Kong, and also for the manner in which the expenses of so sending such persons to the said colony of Hong Kong should be defrayed: And whereas, it is expedient to make further provision in respect of the matters aforesaid:

I-Now, therefore, in pursuance of the several Acts of Parliament in the said Order in Council of the thirteenth day of June, one thousand eight hundred and fifty-three, recited and referred to, 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 the Chief Superin- tendent or Consul within whose jurisdiction any

lawfully, if such Chief Superintendent or Consul

custody, and sent back to the consular district shall think fit, cause such party to be taken into

to be there dealt with according to the provisions from which he shall so have escaped or removed, of the said Order in Council of the thirteenth day three. of June, one thousand eight hundred and fifty-

II. And it is further ordered, that all removals whatsoever of prisoners or other parties from or to the said colony of Hong Kong, or from or to any port or place in China, under the authority of the said Order in Council of the thirteenth day of June, one thousand eight hundred and fifty- three, shall be effected, and the expenses of all such removals shall be defrayed in like manner as by Articles 20, 21, 22, and 23, of the said Order in Council of the thirteenth day of June, one thousand eight hundred and fifty-three, is provided with respect to the embarking, conveying, delivering, commitment, and expenses of persons deported under the authority of the said Articles respectively, so far as the provisions thereof respectively shall be applicable to the circum- stances of each particular case.

III. And it is further ordered, that this Order shall be read and construed with and as being a part of the said Order in Council of the thirteenth day of June, one thousand eight hundred and fifty-three.

shall take effect from and after the thirtieth day IV. And it is further ordered that this Order

of April, one thousand eight hundred and fifty-

seven.

And

the Right Honourable the Earl of Clarendon, and the Right Honourable Henry Labouchere, two of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.

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