CO129-486 - Public Offices - 1924 — Page 160

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

AS.

(2) An order shall not be made under this Article unless the Court is satisfied that the foreign Court is authorized to exercise similar powers in the case of a debt due from a person subject to its jurisdiction to a British subject against whom a judgment has been obtained in a Court established under this Order.

PART IX.-REGULATIONS.

209.-(1) The Minister shall have power to make Regulations (to be called King's Regulations) for the following purposes, that is to say :-

(a) For the peace, order, and good government of British subjects in relation to matters not provided for by this Order, and to matters intended by this Order to be prescribed by Regulation.

(b) For securing the observance of any Treaty for the time being in force relating to any place or of any native or local law or custom whether relating to trade, com- merce, revenue, or any other matter.

(c) For regulating or preventing the importation or exporta- tion in British ships or by British subjects of arms or munitions of war, or any parts or ingredients thereof, and for giving effect to any Treaty relating to the importation or exportation of the same. (d) For requiring returns to be made of the nature, quantity, and value of articles exported from or imported into China, or any part thereof, by or on account of any British subject who is subject to this Order, or in any British ship, and for prescribing the times and manner at or in which, and the persons by whom, such returns are to be made.

(e) For regulating the issue of bank notes in China by persons subject to the jurisdiction of the Court.

(2) Any Regulations made under this Article may provide for forfeiture of any goods, receptacles, or things in relation to which, or to the contents of which, any breach is committed of such Regulations, or of any Treaty or any native or local law or custom, the observance of which is provided for by such Regu- lations.

(8) 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 pre- scribed, he shall be liable on conviction, to imprisonment, with or without hard labour, for a period not exceeding three months, or to a fine, or to both. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being imposed.

(4) Any fine imposed for a breach of Regulations shall not exceed £50 : Provided that where the breach is of any Regulation relating to customs law, or to the importation or exportation of

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any goods, the fine may extend to a sum equivalent to treble the value of the goods in relation to which the breach is committed: 210. The Minister may, if he thinks fit, join with the Ministers. of any foreign Powers in amity with His Majesty in making or adopting Regulations (to be called. Municipal Regulations) for the municipal government of any foreign concession or settlement in China; and as regards British subjects, such joint Regulations shall be as valid and binding as if they related to British subjects only.

211. (1) The power of the Minister to make Regulations under the two last preceding Articles shall extend to making, or joining in making or adopting, Regulations for the creation, maintenance, discipline, and control of a police force for any foreign Concession or Settlement in China.

(2) Such Regulations may provide for the dismissal, fine (not exceeding one month's pay), confinement to barracks, reduction in rank, class, or seniority, suspension or removal from special duty, of any member of the force by the person for the time being in command thereof.

(3) Any fine inflicted under this Article shall be paid, after deduction of the costs incurred in the imposition or recovery there- of, to the authority by whom the police force is paid.

212.-(1) King's Regulations and Municipal Regulations made or adopted under the three last preceding Articles shall not have effect unless and until they are approved by a Secretary of State, save that in case of urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by a Secretary of State, and until notice of that disapproval has been received and published by the Minister.

(2) 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. Notice of the disapproval of any Regu- lations declared to be urgent shall be sent by the Minister to the Judge not later than the date on which notice of such disapproval

s published.

(s, No person shall be convicted of a breach of such Regula- tions committed before the date on which such regulations were published, as provided by Article 213, at the Consulate of the district in which the alleged breach was committed.

213.--(1) All Regulations approved under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited con- spicuously in the public office of each Consulate in China. Pro- vided that Regulations having only a local application need only be affixed and exhibited in the localities in which they apply.

(2) Printed copies of the Regulations shall be kept on sale at such reasonable price as the Minister from time to time directa. (3) A printed copy of any Regulations purporting to be made under this Order, and to be certified under the hand of the

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