CO129-108 - Public Offices - 1865 — Page 136

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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XI.-OFFENCES AGAINST RELIGION.

100. If any British subject is guilty of publicly deriding, mocking, or insulting any religion established or observed in China or in Japan,--or of publicly offering any insult to any reli- gious service, feast, or ceremony established or kept in any part of China or in Japan, or to any place of worship, tomb, or sanc- tuary belonging to any such religion, or to the ministers or professors thereof, or of wilfully committing any act tending to bring any such religion, or its ceremonies, mode of worship, or observances into hatred, ridicule, or contempt, and thereby to provoke a breach of the public peace, he shall be liable (in the discretion of the Court before which he is convicted) to imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 500 dollars, or to a fine not exceeding 500 dollars, without imprisonment.

Notwithstanding anything in this Order, every charge against a British subject of having committed any such offence shall be heard and determined in a summary way, and any Provincial Court shall have power to impose the punishment aforesaid.

Her Majesty's Consular Officers shall take such precautionary measures as seem to then proper and expedient for the preven- tion of such offences.

XII-AUTHORITY WITHIN 100 MILES OF COAST OF CHINA.

101. Where a British subject, being after the commence- ment of this Order in China or in Japan, is charged with having committed, either before or after the commencement of this Order, any crime or offence within a British vessel at a dis- tance of not more than 100 miles from the coast of China,--or within a Chinese or Japanese vessel at such a distance as aforesaid,--or within a vessel not lawfully entitled to claim the protection of the flag of any State, at such a distance as aforesaid, any of Her Majesty's Courts in China or in Japan within the jurisdiction whereof he is found may cause him to be appre- hended and brought before it, and may take the preliminary examination and commit him for trial.

102. If the Court before which the accused is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.

The Judge of the Supreme Court shall thereupon direct in what mode, and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.

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103. The provisions of this Order relative to crimes and offences, and proceedings in criminal matters, shall in all respects, as far as may be, extend and apply to every such case, in like manner as if the crime or offence bad been committed in China or Japan.

104. Where a British subject, being after the commence- ment of this Order in Hong Kong, is charged with having com- mitted, either before or after the commencement of this Örder, any crime or offence within any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, the Supreme Court at Hong Kong shall have and may exercise authority and jurisdiction withrespect to the crime or offence as fully as if it had been committed in Hong Kong.

105. Her Majesty's Minister in China or in Japan, the Judge or Assistant Judge of the Supreme Court, and any of Her Majesty's Consular Officers in China or in Japan, or the Gover- nor or person administering the Government of Hong Kong, on receiving satisfactory information that any soldier, sailor, marine, or other person belonging to any of Her Majesty's Military or Naval forces, has deserted therefrom, and has concealed himself in any British, Chinese, Japanese, or other such vessel at such a distance as aforesaid, may, in pursuance of such information, issue his warrant for a search after and apprehension of such deserter, and on being satisfied on investigation that any person so apprehended is such a deserter, shall cause him to be with all convenient speed taken and delivered over to the nearest military station of Her Majesty's forces, or to the officer in command of a vessel of war of Her Majesty serving in China or in Japan, as the case may require,

XIII-DEPORTATION.

106. (i.) Where it is shown on oath, to the satisfaction of any of Her Majesty's Courts in China or in Japan that there is reasonable ground to apprehend that any British subject in China or in Japan is about to commit a breach of the public peace, or that the acts or conduct of any British subject in China or in Japan are or is likely to produce or excite to a breach of the public peace,-the Court within the jurisdiction whereof he happens to be may cause him to be brought before it and require him to give security to the satisfaction of the Court, to keep the peace, or for his future good behaviour, as the case may require :

(ii) Where any British subject is convicted, under this Order, of any crime or offence, the Court within the jurisdiction

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