CO129-075 - Public Offices - 1859 — Page 73

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XXVII. And it is further ordered, that it shall be lawful for Her Majesty's Consul to cause any British subject charged with the commission of any crime or offence, the cognizance 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 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 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 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 any jail of or in the said Colony, and it shall be lawful for the keeper of the said jail to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said Supreme Court; and the Supreme Court at the sessions to be next holden shall proceed to hear and 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.

And it is further ordered, that Her Majesty's Consul on any occasion of sending a prisoner to Hong Kong for trial, shall observe the provisions made with regard to prisoners sent for trial to a British Colony in an Act passed in the sixth and An seventh years of Her Majesty's reign, intituled 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."

XXVIII. And it is further ordered, that the Supreme Court of the Colony of Hong Kong shall have, and may exercise concurrently with Her Majesty's Consul, authority and jurisdiction in regard to all suits of a Civil nature between British subjects arising within any parts of the dominions of the

Minutes of pro- ceedings before Consuls to be

drawn up and pre- served.

Trade of British subjects in contra- vention of Treaty with Japan de- clared unlawful

and punishable.

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Emperor of Japan: Provided 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 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 Consul in any such

matter.

XXIX. And it is further ordered, that a minute of the proceedings in every case heard and deter- mined before a Consul, in pursuance of this Order, shall be drawn up and signed by the Consul, and shall, in cases when assessors are present, be open for the inspection of such assessors, and for their signature if they shall concur therein; and such minute, together with the depositions of the wit- nesses, shall be preserved in the public office of the said Consul, and a copy of every such minute and of such depositions shall, if the Consul-General see fit to require them, be transmitted by the Consul to the said Consul-General.

XXX. And whereas it is stipulated in and by the said Treaty agreed upon and concluded between Her Majesty and His said Majesty the Tycoon of Japan as aforesaid, that the ports and towns of Hakodaki, Kanagawa, and Nagasaki, shall be opened to British subjects on the first day of July, one thousand eight hundred and fifty-nine, and that, in addition thereto, the following ports and towns shall be opened to them at the dates thereinafter and here- inafter specified, that is to say, Nee-e-gata, or if Nee-e- gata be found unsuitable as a harbour, another con- venient port on the west coast of Nipou, on the first day of January, one thousand eight hundred and sixty, and Hiogo on the first day of January, one thousand eight hundred and sixty-three:

Now it is hereby further ordered, that all trade whatsoever of Her Majesty's subjects in, to, or from any part of the dominions of the Tycoon of Japan, excepting the ports and towns aforesaid, and all trade whatsoever of Her Majesty's subjects in, to, or from any of the ports and towns aforesaid, before the respective days and times specified in the said

Treaty as aforesaid, shall be and the same is hereby

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