CO129-075 - Public Offices - 1859 — Page 72

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of the dominions of the Tycoon of Japan to any deported person to such port as aforesaid, or to England, as provided England, or vary

or remit his punish- in Articles XIX, XX, and XXI of this Order, the ment. Consul sending him out shall forthwith report such act of deportation, with the grounds of his decision, to Her Majesty's Principal Secretary of State for Foreign Affairs, or, in a case where the party so deported is a native of the aforesaid territories, to the Governor-General of India.

XXIII. And it is further ordered that a report Revision of sen- of every sentence passed by a subordinate Consular tences of subordi-

nate Consular officer in the matters referred to in Articles XVII, officer in criminal XVIII, XIX, XX, and XXI of this Order, and cases. awarding a fine exceeding twenty dollars, or im- prisonment 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 Con- sular 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 proceedings, shall be final; but if the sentence of the subordinate Consular officer shall have been pronounced, with dissent on the part of the assessors, or of any of them, then the superior Consular officer shall not proced to revise such sentence, but shall submit the whole proceed- ings to the Consul-General in the same manner as if the case had been originally heard and decided by the superior Consular officer, with dissent on the part ofthe assessors, or any of them.

Persons sentenced

by Consuls may be sent to Hong

Kong for imprison-

XXIV. And it is further ordered, that it shall be lawful for any of Her Majesty's Consuls to send any person sentenced to imprisonment under this Order, at any time while such sentence of imprisonment is ment. in the course of execution, to Hong Kong, in any of Her Majesty's ships of war, or in any British ship or vessel, to undergo his term of imprisonment in any jail in Hong Kong, and it shall be lawful for the commander of any of Her Majesty's ships of war, or of any British ship or vessel, to receive any such person on board, with a copy of such sentence and

a warrant from the Consul for its due execution,

Consuls may pro- mote reconcilement

in cases of assault.

Definition of

and misdemeanours.

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addressed to the Chief Magistrate of Police of the said Colony of Hong Kong, and thereupon to convey him in custody to Hong Kong, and on his arrival there, to deliver him with the said copy of such sen- tence and 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 person therein named, shall be authorized to commit, and shall commit, such person to any jail of the said Colony; and such sentence shall be enforced to execution in the sail common jail in the same manner as if the sentence had been awarded by the Supreme Court of the said Colony.

XXV. And it is further ordered, that in cases of assault not coming within the terms of Article XX of this Order, it shall be lawful for the Consul before whom complaint is made, to promote recon- ciliation between the parties, and to suffer com- pensation and amends to be made, and the pro- ceedings thereby to be stayed.

XXVI. And it is further ordered, that save and crimes and offences except as regards offences committed by British subjects against the stipulations of Treaties between Her Majesty and the Tycoon of Japan, or against rules and regulations for the observance of the stipu- lations of such Treaties, duly affixed and exhibited according to the provisions of Article IV of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's sub- jects being within the dominions of the Tycoon of Japan, duly exhibited and affixed as aforesaid, and save and except as regards the offence of engaging in trade, declared in Article XXIII of this Order to be unlawful, no act done by a British subject being within the dominions of the Tycoon of Japan shall be deemed and taken to be a crime, or misdemeanour, or offence, rendering the person committing it liable to punishment, which, if done within that part of Her Majesty's dominions called England, would not, by a Court of Justice having criminal jurisdiction in England, have been deemed and taken to be a crime or misdemeanour, or offence, rendering the person so committing it, liable to punishment.