CO129-162 - Sir Kennedy - 1873 [1-3] — Page 249

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

245

Pager Bauffened

Provisions or Fittings or Coolies out of this Colony with intent that they should be put on board foreign Coolie Ships are all instances of acts which may be made punishable by a Local Ordinance.

It is unnecessary to say that bare intent cannot be made punishable unless it be coupled with some completed act and that the act must be committed within the Jurisdiction.

This Legislature cannot make Laws affecting British Subjects in respect of acts committed by them out of Jurisdiction of Hongkong except under the special authority given to it by Section II of the Imperial Act 18 and 19 Vic: c:104 ("The Chinese Passengers Act 1855").

I wish to draw attention, however to Article 159 of Her Majesty's Order in Council of the 9th day of March 1868 for the Government of Her Majesty's Subjects in China and Japan. It is as follows:-

The Supreme Court of Hong Kong may take Cognizance of offences committed by British Subjects within the Peninsula of Kowloon and of suits originating there when the party offending or the party sued comes or is...

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3. 245 Pager Bauffened Provisions or Fittings or Coolies out of this Colony with intent that they should be put on board foreign Coolie Ships are all instances of acts which may be made punishable by a Local Ordinance. It is unnecessary to say that bare intent cannot be made punishable unless it be coupled with some completed act and that the act must be committed within the Jurisdiction. This Legislature cannot make Laws affecting British Subjects in respect of acts committed by them out of Jurisdiction of Hongkong except under the special authority given to it by Section II of the Imperial Act 18 and 19 Vic: c:104 ("The Chinese Passengers Act 1855"). I wish to draw attention, however to Article 159 of Her Majesty's Order in Council of the 9th day of March 1868 for the Government of Her Majesty's Subjects in China and Japan. It is as follows:- The Supreme Court of Hong Kong may take Cognizance of offences committed by British Subjects within the Peninsula of Kowloon and of suits originating there when the party offending or the party sued comes or is...

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3. 245 Paver Baufened Provisions or Fittings or Corlies out of this Colony with intent that they should be put on board haces Coolie Ships are all instances of ac ́s which may be made furnishable. by a Loen Ordinance. It is muncapary to say that bare intent cannot be made Punishable unless it be with sone co Compled act and that the act must be committed within even the Jurisdiction... This Legislature annot make Laus affecting British Subjects in respect of acts committed by them out of Juridiction of Fronghong except the under the special upon it by Section II of the Imperial Act 18 and 19 Vic: 0:104 (". The Chimere Papengers Act 1853-"). I wish to draw attention, however to Article 159 of Her Majesty's Order in Conneil of the 9th day of March 1868 for the Government of Her Majesty's Subjects in China aus Japan. It is as follows:- The Supreme Court of Hong Kong may lake Cognizance of offences "Committed by British Subjects "within the Peninsula of lucre " and of suits originating there "when the party offending on "the party oned comes or is

2026-05-21 01:10:09 · Baseline

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245

Paver Baufened

Provisions or Fittings or Corlies out of this Colony with intent that they should be put on board haces Coolie Ships

are all instances of ac ́s which may be made furnishable.

by a Loen Ordinance.

It is muncapary to say that bare intent cannot be made

Punishable unless it be

with

sone

Compled

act and that the

act must be committed within

even

the Jurisdiction...

This Legislature annot make Laus affecting British Subjects in respect of acts committed by them out of Juridiction of Fronghong except

the

under

the

special

upon it by Section II of the Imperial

Act 18 and 19 Vic: 0:104 (". The Chimere Papengers Act 1853-").

I wish to draw attention, however to Article 159 of Her Majesty's Order in Conneil of the 9th day of March 1868 for the Government of Her Majesty's Subjects in China aus Japan. It is as follows:-

The Supreme Court of Hong Kong may lake Cognizance of offences "Committed by British Subjects "within the Peninsula of lucre " and of suits originating there "when the party offending on "the party oned comes or is

CO129-162 - Sir Kennedy - 1873 [1-3] — Page 249

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