CO129-083 - Public Offices - 1861 — Page 96

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breach of the public peace, to cause such British subject to be brought before him, and to require such British subject to give sufficient security to keep the peace; and in the event of any such British subject being convicted of, and punished for, a breach of the peace, to cause such British subject, after he shall have undergone the punishment which may be awarded to him by the Consul, to find security for his future good behaviour; and, in the event of any British subject who may be required, as aforesaid, to give security to keep the peace, or to find security for his good behaviour, being unable or wilfully omitting to do so, then, and in every such case, it shall be lawful for Her Majesty's Consul to send such British subjects out of the dominious of the Tycoon of Japan, and to any such port as aforesaid, or to England, in the manner pointed out in Article XXI of this Order.

XXIV. And it is further ordered that, in all cases in which a British subject shall have been sent out of the dominions of the Tycoon of Japan to any such port as aforesaid, or to England, as provided in Articles XXI, XXII, and XXIII of this Order, the 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 terri- tories, to the Governor-General of India.

XXV. And it is further ordered that a report of every sentence passed by a subordinate Consular officer in the matters referred to in Articles XIX, XX, XXI, XXII, and XXIII of this Order, and 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 Consular 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

Consuls to report deportations to Her Majesty's Secre- tary of State, who may send the deported person to England, or vary or remit his punish- ment.

Revision of sen- tences of subordi-

nate Consular

officer in criminal

cases.

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Persons sentenced

by Consuls may be sent to Hong Kong for imprison

ment.

British subjects charged with offences may be sent to Hong Kong for trial before the Supreme Court.

part of the Assessors, or of any of them, then the superior Consular officer shall not proceed 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 of the Assessors, or any of them.

XXVI. 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 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, 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 said common jail in the same manner as if the sentence had been awarded by the Supreme Court of the said Colony.

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