CO129-111 - Acting Governor Mercer - 1866 [1-2] — Page 175

2803-

as the question of the Board of Prades liability is new, Wis Excellency will

by the outguing mail transmit your

letter to the Secretary of State for

directions.

I

am

tī

request you

to have

to

the goodness

to communicate the

contents of this letter to Mess? Neaton,

Gibl

and Wilsew.

I have r

(signed) W. 18. Abramour,

Ading Colonial Secretary

(Grue Cory)

WAAlexande

Acting Colonial Secretary

C

M1481

RECEIVED

VPL 5 1265

OF-TRA

THE HONGKONG

Vide Pages

31643175

Government Gazette.

Published by Authority.

No. 36.

No. 138.

VICTORIA, SATURDAY, 3RD SEPTEMBER, 1864.

VOL. X.

GOVERNMENT NOTIFICATION.

The following Order of Her Majesty in Council, of the 9th July last, imposing penalties on British Subjects aiding the Insurgents against the Chinese Government, is published for general information.

W. T. MERCER, Colonial Secretary.

[L.S.]

By Order,

Colonial Secretary's Office, Hongkong, 29th August, 1864.

AT THE COURT AT WINDSOR,

the 9th day of July, 1861. PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by an Act passed in the session of the sixth and seventh years of Her Majesty's reign, intituled "An Act for the better government of Her Majesty's subjects resorting to China," power was given to Her Majesty to authorise the Superintendent of the Trade of Her Majesty's subjects in China (so long as such Superintendent should be also the Governor of the island of Hong Kong) to enact, with the advice of the Legislative Council of the said island of Hong Kong, all such laws and ordinances as might from time to time be required for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the Coast of China, and to en- force the execution of such laws and ordinances by such penalties and forfeitures as to him, by the advice aforesaid, should seem fit; and it was (amongst other things) enacted that it should be lawful for Her Majesty to disallow, in the whole or in part, any laws or ordinances so to be enacted as aforesaid, and with the advice of Her Majesty's Privy Council to alter the same, or any of them, as to Her Majesty in Connell should seem meet; and that it should also be lawful for Her Majesty by any Order or Orders made, with the advice of Her Majesty's Privy Council, to ordain for the government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the Coast of China, any law or ordinance which to Her Majesty in Council might seen meet, as fully and effectually as any such law or ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects, being within the said island of Hong Kong;

And whereas under and by virtue of the said Act, and of a certain other Act passed in the same Session of Parliament, intituled "An Act to remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and places ont of Her Majesty's dominions, and to render the same more effectual," Her Majesty was pleased by an Order in Council bearing date the thirteenth day of June, one thou- sand eight hundred and fifty-three, to make provision for the good government of Her Majesty's subjects resorting to China, and for certain other purposes therein mentioned; and thereby

(amongst other things) Iler Majesty's Superintendent of Bri- tish Trade in China, for the time being, was authorised and empowered to make and enforce, by fine and imprisonment, rules and regulations for the observance of the stipulations of treaties, and for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any British ship or vessel at a dis- tance of not more than one hundred miles from the Coast of China; And Her Majesty was thereby further pleased (among, other things) to give authority to any of Her Majesty's Consuls within the dominions of the Emperor of China, to cause any British subject, who, after having been twice convicted of and punished for any crime or offence, should not be able to find good and sufficient security for his good behaviour, or who might be convicted before such Consul of any of certain parti- cular crimes therein enumerated, to be sent out of the dominions of the Emperor of China, in the manner therein mentioned;

And whereas by another Order in Council, passed on the twelfth day of September, one thousand eight hundred and sixty-three, Her Majesty was pleased to order, that it should not be lawful for any person who should thereafter be sent out of the dominions of the Emperor of China, by any of Her Majesty's Consuls, under and by virtue of the said Order of the thirteenth day of June, one thousand eight hundred and fifty- three, and of another Order, dated the second day of February, one thousand eight hundred and fifty-seven, respectively, or under and by virtue of the said Order now in recital, afterwards to return to and again take up his abode within any part of the said dominions, without Her Majesty's permission, to be signified as therein mentioned; and any such person so re- turning to, and taking up his abode within any part of the said dominions, was thereby made punishable, by fine or in- prisonment, and liable to be again sent out of the dominious of the Emperor of China, at any time afterwards, in default of finding good and sufficient security for his future good be- haviour, in the manner therein particularly mentioned;

And whereas by a certain Ordinance made and passed on the seventeenth day of January, one thousand eight hundred and fifty-five, by His Excellency Sir John Bowring, Kt., then Governor and Commander-in-Chief of the said Colony of Hong Kong and its dependencies, and Her Majesty's Pleni- potentiary and Chief Superintendent of the Trade of British Subjects in China, with the advice of the Legislative Council of Hong Kong, it was enacted, that it should be a misdemean- our, punishable by not more than two years' imprisonment, or by a fine not exceeding five thousand dollars (such punish-

}

DEX