CO129-108 - Public Offices - 1865 — Page 137

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

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whereof he happens to be may require him to give security to the satisfaction of the Court for his future good behaviour:

In either of these cases, if the person required to give se curity fails to do so, the Court may order that he be deported from China or Japan to such place as the Court directs.

107. In any case where an order of deportation is made under this Order, the Court shall not, without the consent of the person to be deported, direct the deportation of any person to any place other than Hong Kong or England.

108. A Provincial Court shall forthwith report to the Judge of the Supreme Court any order of deportation made by it, and the grounds thereof.

The Judge of the Supreme Court may reverse the order, or may confirm it with or without variation, and in case of con- firmation, shall direct it to be carried into effect.

109. The person to be deported shall be detained in custody until a fit time and opportunity for his deportation arrives.

The Judge of the Supreme Court shall then (and in the case of a person convicted, either after execution of the sentence or while it is in course of execution), by warrant cause him to be taken to the place of deportation.

110. The Judge of the Supreme Court may order that the person to be deported do pay all or any part of the expenses of or preliminary to his deportation.

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111. The Judge of the Supreme Court shall forthwith to one of Her Majesty's Principal Secretaries of State any order of deportation made or confirmed by him and the grounds thereof, and shall also inform Her Majesty's Ministers in China and Japan of the same.

112. Where any person is deported to Hong Kong, he shall on his arrival there be delivered, with the warraut under which he is deported, into the custody of the Chief Magistrate of Police of Hong Kong, or other officer of Her Majesty there lawfully acting as such, who, on receipt of the person deported, with the warrant, shall detain him and shall forthwith report the case to the Governor or person administering the Govern- ment of Hong Kong, who shall either by warrant (if the cir- cumstances of the case appear to him to make it expedient) cause the person so deported to be taken to England, und in the meantime to be detained in custody, (so that the period of such detention do not exceed three months,) or else shall dis- charge him from custody.

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113. If any person deported returns to China or Japan without the permission of one of Her Majesty's Principal Secretaries of State, in writing under his hand (which permission the Secretary of State may give), he shall be guilty of an offence against this Order, and shall be liable on conviction thereof to punishment (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding one month, with or without hard labour, and with or without a fine not exceeding 200 dollars, or by a fine not exceeding 200 dollars, without imprisonment, and also to be forthwith again deported in manner herein-before provided.

XIV.-REGISTRATION OF BRITISH SUBJECTS.

114. Every British subject resident in China or Japan,- being of the age of 21 years or upwards,--or being married, or a widower or widow, though under that age,-shall, in the month of January in the year 1866, and every subsequent year, register himself or herself in a register to be kept at the Consulate of the Consular district within which he or she resides, subject to this qualification, that the registra tion of a man shall be deemed to include the registration of his wife (unless she is living apart from him), and that the registration of the head of a family, whether male or female, shall be deemed to include the registration of all females, being relatives of the head of the family (in whatever degree of relationship), living under the same roof with the head of the family at the time of his or her registration.

Every British subject not so resident arriving at any place in China or Japan where a Consular Office is maintained, unless borne on the muster roll of a British Vessel there arriving, shall within one month after his or her arrival, register himself or herself in a register to be kept at the Consular Office,--but so that no such person shall be required to register himself or herself more than once in any year, reckoned from the 1st day of January.

Any person failing so to register himself or herself, and not excusing his or her failure to the satisfaction of the Consular Officer, shall not be entitled to be recognized or protected as a British subject in China or Japan, and shall be liable to a fine not exceeding ten dollars for each instance of such failure,

115. Every person shall on every registration of himself or herself pay a fee of such amount as one of Her Majesty's Principal Secretaries of State from time to time by order under his hand appoints, such amount either to be uniform for

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Treasury

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