CO129-083 - Public Offices - 1861 — Page 97

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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 be same manner as if the crime with which he may 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 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, suit of a Civil nature between British subjects, or to stay the proceedings of the Consul in such

any

any

matter.

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Supreme Court of Hong Kong to

have concurrent jurisdiction with the Consul in civil

suits between

British subjects.

XXIX. And it is further ordered, that in cases of Consuls may pro- assault not coming within the terms of Article XXII mote reconcilement

in cases of assault.

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Definition of crimes and offences

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.

XXX. And it is further ordered, that save and and misdemeanours. 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 V 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 XXXII 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.

Minutes of pro- ceedings before Consuls to be drawn up and pre- served.

Trade of British subjects in contra- vention of Treaty

XXXI. 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.

XXXII. And whereas it is stipulated in and by the said Treaty agreed upon and concluded between

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