Directory_and_Chronicle_1864 — Page 135

Directories & Chronicles 香港指南 All

the rules and regulations for the observance of such treaties, shall be heard and de- termined by the Chief Superintendent or Consul without assessors: Provided always, that in no case shall the penalty to be attached to a breach of the said rules and re- gulations exceed five hundred dollars, or three months' imprisonment.

Proceedings for en- forcement of Rules and regulations other than those for the obser- vance of Treaties.

VI. And it is further ordered, That any charge against a British subject for a breach of rules and regulations other than those relating to the observance of treaties, shall in like manner be heard and determined by the Chief Superintendent or Con- sul; and in all cases in which the penalty shall not exceed two hundred dollars or one month's imprisonment, the Chief Superintendent or Consul shall hear and determine the charge summarily without the aid of assessors; but where the penalty attached to a breach of the rules and regulations other than those relating to the observance of treaties shall amount to more than two hundred dollars or to imprisonment for more than one month, it shall be obligatory upon the Consul, but not upon the Chief Superintendent, before he shall proceed to hear the charge. to summon two British subjects of good repute residing within his district to sit with him as assessors, which assessors shall however have no authority to decide on the in- nocence or guilt of the party charged, or on the amount of fine or imprisonment to be awarded to him on conviction; but it shall rest with the Consul to decide on the guilt or innocence of the party charged, and on the amount of fine or imprisonment to be awarded to him: Provided always, that in no case shall the penalty to be at- tached to a breach of rules and regulations other than those for the observance of treaties exceed five hundred dollars or three months' imprisonment; and provided further, that in the event of the said assessors or either of them dissenting from the conviction of the party charged, or from the penalty of fine or imprisonment awarded to him by the Consul, the Consul shall take a note of such dissent, with the grounds thereof, and shall require good and sufficient security for the appearance of the party `convicted at a future time in order to undergo his sentence or receive his discharge; and the Consul shall within twenty days report his decision, with all the particulars of the case, together with the dissent of the assessors or either of them, and the grounds thereof, to the Chief Superintendent; and the Chief Superintendent shall have authority to confirm, or vary, or reverse the decision of the Cousul, as to him may seem fit: Provided always, that if an appeal shall be entered against the decision of the Consul, no such report shall be made to the Chief Superintendent on the ground of the dissent of the assessors or either of them, but the appeal shall be prose- cuted in the manner hereinafter ordered.

Revision of deci-

sions of subordinate | latin. And it is further ordered, That in any question re-

to the observance of treaties, or of rules regulations Consular Officers. for the observance of treaties, or of rules and regulations other than those for the observance of treaties, a report of any or every decision made by a subordinate Consular officer, with or without the aid of assessors, shall be sent in to the superior Consular officer of the district, and that on the receipt of such report, the superior Consular officer of such district shall proceed, without assessors, to revise such decision as to him may seem fit, and such revision shall have, for the

purposes of this order, the same effect as if the case had been originally heard and determined by such superior Consular officer with or without the aid of assesors: Provided always, that in any case in which the assessors or either of them shall dissent from the decision of a subordinate Consular officer, such decision shall not be subject to revision by the sup erior Consular officer, hnt, in the event of no appeal being entered as aforesaid shall be submitted to the Chief Superintendent for revision in the same manner as if such decision had been made by the superior Consular officer.

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