Directory_and_Chronicle_1864 — Page 141

and in that case it shall be lawful for Her Majesty's Consul to send such British sub- ject out of the dominions of the Emperor of China and to the Colony of Hongkong in the manner pointed out in Article XX of this Order.

Consuls to report | deportations and the grounds to the Chief Superintendent, who may send to England

any person deported, or vary or remit his punishment.

XXIII. And it is further ordered, That in all cases in which a British subject shall have been sent out of the domin- ions of the Emperor of China to the Colony of Hongkong as provided in Articles XX, XXI, and XXII of this Order, the Consul sending him out shall forthwith report such act of deportation with the grounds of his decision to Her Majesty's Chief Superintendent; and on the arrival of such person at Hongkong, after the sentence of the Consul shall have been duly executed, it shall be lawful for the Chief Superintendent to send him to England; and a party so to be sent to England by the Chief Superin- tendent may be embarked and conveyed to England in the manner provided in Article XX of this Order with regard to the embarkation and conveyance of such party to the Colony of Hongkong: Provided always, that if the Chief Superintendent shall con- sider that any such act of deportation inflicts upon the party a severer punishment than his offence has deserved, it shall be lawful for the Chief Superintendent to vary or remit such punishment, as to him shall seem fit.

Revision of sen- tences of subordinate Consular officers in

Criminal proceedings.

XXIV. And it is further ordered, That a report of every sentence passed by a subordinate Consular officer in the matters referred to in Articles XVIII, XIX, XX, XXI, and XXII, of this Order, and awarding a fine exceeding twenty dollars, or imprisonment for more than ten days, shall be sent in to the superior Consular officer of the district, and on the receipt of such report, such superior Consular officer shall proceed without assessors to revise such sentence as to him may seem fit: and if the sentence should have been pronounced by the subordinate Consular officer without assessors or with the concurrence of assessors, then the decision pronounced by the superior Consular officer on revision of the pro- ceedings shall be final; but if the sentence of the subordinate Consular office: shall have been pronounced with dissent on the part of the assessors or of any or either of them, then the superior Consular officer shall not proceed to revise such sentence, but shall submit the whole proceedings to the Chief Superintendent in the same manner as if the case had been originally heard and decided by the superior Consular officer with dissent on the part of the assessors or of any or either of them.

Persons sentenced

•

XXV. And it is further ordered, That it shall be lawful by Her Majesty's for any of Her Majesty's Consuls to send any person sentenced to Consuls may be sent imprisonment under this Order, at any time while such sentence to Hongkong for im- of imprisonment is in course of execution, to the Colony of Hong- prisonment.

kong in any of Her Majesty's ships of war, or in any British ves- sel, to undergo his term of imprisonment in the common gaol of the said colony ; and it sball be lawful for the Commander of any of Her Majesty's ships of war, or of any Bri- tish vessel, to receive any such person on board, with a copy of such sentence and a warrant from the Consul for its due execution, addressed to the Chief Magistrate of Police of the said colony, and thereupon to convey him in custody to Hongkong, and on his arrival there' to deliver him with the said copy of such sentence and warrant in- to the custody of the said Chief Magistrate of Police, or other Officer of Her Majesty within the said Colony lawfully acting as such, who on the receipt of the said warrant and of the person therein named, shall be authorized to commit, and shall commit such person to the common gaol of the said colony, and such sentence shall be enforced to execution in the said common gaol in the same manner as if the sentence had been awarded by the Supreme Court of the Colony of Hongkong.