CO129-486 - Public Offices - 1924 — Page 144

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

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the Court may order him to be deported from China in manner provided by this Order.

(3) Where a person accused of an offence against this Article is brought before a Provincial Court, that Court shall report the case to the Supreme Court, and the Supreme Court shall there- upon direct in what mode and where the case shall be heard and determined, and the case shall be heard and determined accord- ingly.

76. Any British subject being in China may be proceeded against, tried, and punished under this Order for piracy wherever committed.

If a person accused of piracy is brought before a Provincial Court, that Court shall report the case to the Supreme Court, and the Supreme Court shall thereupon give such directions as it may think fit with respect to the trial.

77. If any British subject in China violates or fails to observe any stipulation of any Treaty between His Majesty, His predeces- sors, heirs or successors, and the Republic of China, 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 in accordance with the stipulations of the Treaty.

78. (1) Where, by agreement among the Diplomatic representatives in China of foreign States, or some of them, in conjunction with the Chinese authorities, Sanitary, or Police, or Port, or Game, or other International Regulations are estab- lished, and the same, as far as they affect British subjects, are approved by the Secretary of State, the Court may, subject and according to the provisions of this Order, entertain any complaint made against a British subject for a breach of those Regulations, and may enforce payment of any fine incurred by that subject or person in respect of that breach, in like manner, as nearly as may be, as if that breach were by this Order declared to be an offence against this Order.

(2) Any person committing a breach of any such Regulations shall, on conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or, if no such punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment with or without hard labour for a period not exceeding one month, or to a fine not exceeding £20.

(3) In any such case the fine recovered shall, notwithstanding anything in this Order, be disposed of and applied in manner pro- vided by such Regulations, and where such Regulations contain no provisions as to the manner in which it shall be disposed of and applied, it shall be disposed of and applied in such manner as the Minister may direct.

(4) A certified copy of all such Regulations shall be sent by the Minister to the Judge not later than the date on which such Regulations take effect.

(5) No person shall be convicted of a breach of such Regula- tions committed before the date on which such Regulations were

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published, as provided by Article 213, at the Consulate of the district in which the alleged breach was committed.

79. Every British subject who has acted or is acting in a manner prejudicial to the public safety, or to the defence, peace or security of His Majesty's dominions, or of any part of them, shall be guilty of a grave offence against this Order, and may, in addition to, or in lieu of, any other punishment, be ordered to give security for good behaviour or to be deported.

80.—(1) Every British subject who prints, publishes, or offers for sale any printed or written newspaper or other publication con- taining seditious matter, or has in his possession with intent to publish or distribute any such newspaper or other publication, shall be guilty of a grave offence against this Order, and may, in addition to, or in lieu of, any other punishment, be ordered to give security for good behaviour or to be deported.

(2) Where any printed or written newspaper or other publica- tion containing seditious matter is printed, published, or offered for sale within the limits of this Order by a British Company, the Court may, after notice to the Company, and on proof of the facts, require the Company to give security to abstain from such printing, pub- lishing, or offering for sale in future. If the Company fail to give security, or if the Company is shown to have again printed, published, or offered for sale such newspaper or other publication containing seditious matter after giving such security, the Court may make an Order prohibiting the Company from carrying on business within the limits of the Order, or may make such other Orders as to the Court may seem just. The Court may also declare all the property of the Company within the limits of this Order to be forfeited to His Majesty the King, and shall dispose of it, subject to any general or special directions of the Secretary of State, as it thinks fit.

(3) Matter calculated to excite tumult or disorder, or to excite enmity between His Majesty's subjects and the Government of China, or the authorities or subjects of any Power in amity with His Majesty, being within the limits of this Order, or between the Government of China and its citizens, shall be deemed to be seditious matter within the meaning of this Article.

(4) An offence against this Article shall not be tried except on a charge and by the Supreme Court.

(5) Notwithstanding anything contained in this Order, the charge may, for reasons to be recorded in the minutes, be heard and determined before a Judge sitting without a jury or assessors.

81. In addition and without prejudice to any powers which the Court may possess to order the exclusion of the public from any proceedings, if, in the course of the trial of a person for an offence against either of the two last preceding Articles, applica- tion is made by the prosecutor, in the interests of national safety, that all or any portion of the public should be excluded during any part of the hearing, the Court may make an order to that effect, but the passing of sentence shall in any case take place in.public.

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