CO129-109 - Public Offices - 1865 — Page 91

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الحماية الله

Penalties for violation of

Treaties.

Regulations for China.

Penalties.

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

VII. TREATIES AND REGULATIONS.

84. If any British subject in China or in Japan violates or fails to observe any stipulation of any Treaty between Her Majesty, Her heirs or successors, and the Emperor of China or the Tycoon of Japan for the time being in force, in respect of the violation whereof any penalty is stipulated for in the Treaty, he shall be deemed guilty of an offence against the Treaty, and on conviction thereof under this Order shall be liable to a penalty not exceeding the penalty stipulated for in the Treaty.

85. Her Majesty's Minister in China may from time to time make such Regulations as seem fit for the peace, order, and good government of British subjects resident in or resorting to China, and for the observance of the stipulations of Treaties between Her Majesty, Her heirs or successors, and the Emperor of China, and for the maintenance of friendly relations between British subjects and Chinese subjects and authorities, and may make any such Regulations apply either throughout China or to some one or more of the Consular districts in China, and may by any such Regulations repeal or alter any Regulations made for any such purpose as aforesaid before the commencement of this Order.

Any such Regulations shall not have effect unless and until they are approved by Her Majesty, such approval being signified through one of Her Majesty's Principal Secretaries of State,--save that in case of urgency, declared in any such Regulations, the same shall have effect unless and until they are disapproved by Her Majesty, such disapproval being signified through one of Her Majesty's Principal Secretaries of State, and notification of such disapproval is received and published by Her Majesty's Minister in China.

86. Such Regulations may impose penalties for offences against the same, as follows, namely,-for each offence imprison- ment for any term not exceeding three months, with or without hard labour, and with or without a fine not exceeding 500 dollars, or a fine not exceeding 500 dollars, without imprisonment,-and with or without further fines for continuing offences not ex- ceeding in any case 25 dollars for each day during which the offence continues after the original fine is incurred,--but so that

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all such Regulations be so framed as to allow in every case of part only of the maximum penalty being inflicted. 87. All such Regulations shall be printed, and a thereof shall be affixed and at all times kept exhibited con- printed copy spicuously in the public office of each Consular Officer in China to whose district the Regulations apply.

Printed copies of the Regulations applicable to each district shall be provided and sold therein at such reasonable price as

Her Majesty's Minister in China from time to time directs.

Publication.

88. No penalty shall be enforced in any Consular district for When penalties

any offence against any such Regulation until the Regulation has enforceable, been so affixed and kept exhibited in the public office of the Consular Officer for that district during one month,

89. For the purpose of convicting any person committing an Proof of Regu offence against any such Regulation, and for all other purposes,

a printed copy of the Regulation, purporting to be certified under the hand of Her Majesty's Minister in China, or under the hand and Consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the Regulation; and no proof of the handwriting or seal purporting to certify the same shall be required.

lations.

90. The foregoing provisions relative to the making, printing, Regulations publication, enforcement, and proof of Regulations in and for for Japan. China shall extend and apply, mutatis mutandis, to the making, printing, publication, enforcement, and proof of Regulations in and for Japan, with the substitution only of Japan for China, and of the Tycoon of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in China.

91. Any charge under this Order of an offence against any Trial of Treaty, or against any such Regulation as aforesaid, shall be offences. inquired of, heard and determined in like manner in all respects as any ordinary criminal charge may be inquired of, heard and determined under this Order, subject only to this qualification, --that (notwithstanding anything in this Order) every charge of an offence against any Treaty or against any Regulation for the observance of the stipulations of any Treaty shall be heard and determined in a summary way, and (where the proceeding

is before a Provincial Court) without Assessors.

VIIL UNLAWFUL TRADE WITH JAPAN.

92. All trade of British subjects in, to, or from any part of Trade except Japan, except such ports and towns as are for the time being to open poria

unlawful.

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