Directory_and_Chronicle_1864 — Page 142

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Consuls may pro- mote reconciliation in cases of Assault.

fer compensation and Definition of crimes and offences and mis- demeanours,

XXVI. And it is further ordered, That in cases of assault it shall be lawful for the Consul before whom complaint is made, to promote reconciliation between the parties, and to suf amends to be made, and the proceedings thereby to be stayed.

XXVII. And it is further ordered, That save and except as regards offences committed by British subjects against the stipulations of Treaties between Her Majesty and the Emperor of China, or against rules and regulations for the observance of the stipulations of such Treaties, duly affixed and exhibited according to the provisions of Article IV of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects, being within the dominions of the Emperor of China, or being within any British ship or vessel at a distance of not more than one hundred miles from the coast of China duly affixed and exhibited as aforesaid, and save and except as regards the offence of engaging in trade declared by Article XXXIV of this Order to be unlawful, no act done by a British subject being within the dominions of the Emperor of China, or being within any ship or vessel at a distance of not more than one hundred miles from the coast of China shall, by the Chief Superintendent or by any of Her Majesty's Consuls, be deemed and taken to be a crime, or misdemeanour, or offence, rendering the person committing it amenable to punishment, which if done within that part of Her Majesty's dominions called England, would not by a court of justice having criminal jurisdiction in England, have been deemed and taken to be a crime, or misdemeanour, or offence, rendering the person so committing it amenable to punishment.

Minutes to be drawn

XXVIII. And it is further ordered, That a minute of the up of proceedings ce- proceedings in every case heard and determined before a Con- ? fore Consuls.

sul in pursuance of this order, shall be drawn up and be signed by the Consul, and shall, in cases where assessors are present, be open for the in- spection of such assessors, and for their signature, if they shall therein concur;

: and such minute, together with the depositions of the witnesses, shall be preserved in the public office of the said Consul, and a copy of every such minute and of such de- positions shall, if the Chief Superintendent shall see fit to require them, be transmit- ted by the Consul to the said Chief Superintendent.

Chief Superinten

dent to have the same jurisdiction as Con- suls in regard to

breaches of Treaties and breaches of Rules and Regulations, and in regard to crimes and offences. Man-

ner in which he is to proceed in such

XXIX. And it is further ordered, That the Chief Superin- tendent shall have the same power and jurisdiction in regard to breaches of treaties, and breaches of rules and regulations, and in regard to crimes and offences committed by British subjects, as are granted to Her Majesty's Consuls by the provisions of this present Order; and if any person charged with an offence against any such treaties, or against any such rules and regulations, or with any crime or offence committed within the dominions of the Emperor of China, or within any British ship or vessel within one hundred miles from the coast of China, or within any ship or vessel on the high seas within the said limits not being law- fully entitled to claim the protection of the flag of any state or nation, or within any Chinese ship or vessel within the said limits, shall escape to, or be found within the Colony of Hongkong, it shall be lawful for the Chief Magistrate of Police of the said colony for the time being, or other officer of Her Majesty within the said colony lawfully acting as such, and he is hereby required, on a requisition addressed to him by the Chief Superintendent under his hand and seal, to cause such person to be apprehended and brought before him the said Chief Magistrate or other Officer; and the said Chief Magistrate or other officer, on such person being brought before him, shall proceed to inquire into the offence laid to the charge of such per-

cases.