Directory_and_Chronicle_1875 — Page 458

H. B. M. SUBJECTS IN CHINA AND JAPAN.

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criminal charge may be inquired of, heard, and determined under this Order, subject only to this qualification,-that (notwithstanding anything in this Order) every charge of an offence against any Treaty or against any Regulation for the observance of the stipulations of any Treaty shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without Assessors.

VIII.-Unlawful Trade with Japan.

92. All trade of British subjects in, to, or from any part of Trade except to open. Japan, except such ports and towns as are for the time being opened ports unlawful, to British subjects by Treaty between Her Majesty, her heirs or successors, and the Tycoon of Japan, is hereby declared unlawful.

If any person engages in such trade as a principal, agent, ship-owner, ship-master, or supercargo, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be liable to be punished (in the discretion of the Court before which he is convicted) by imprisonment for any term not exceeding two years with or without hard labour, and with or without a fine not exceeding 10,000 dollars without imprisonment.

Court.

93. If the Court before which any person charged with having Report of Provincial committed such a misdemeanor is brought is a Provincial Court, the Court shall report to the Judge of the Supreme Court the pendency of the case.

The Judge of the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and (notwithstanding anything in this Order) the case shall be so heard and determined accordingly.

94. The officer commanding any of Her Majesty's vessels of Seizure of vessel, &c, war, or any of Her Majesty's Naval Officers authorized in this behalf by the Officer having the command of Her Majesty's Naval Forces in Japan, by writing under his band, may seize any British vessel engaged or reasonably suspected of being or having been engaged in any trade by this Order declared unlawful, and may either detain the vessel, with the master, officers, supercargo, crew, and other persons engaged in navigating the vessel, or any of them, or take or cause to be taken the vessel, and the master, officers, supercargo, crew, and other persons aforesaid, or any of them to any port or place in Japan or elsewhere, convenient for the prosecution of a charge for the misdemeanor alleged to have been committed.

Any such vessel, master, officers, supercargo, crew, and persons may lawfully be detained at the place of seizure, or at the port or place to which the vessel is so taken under the authority of any such Officer, or of any of Her Majesty's Consular Officers in China or Japan, until the conclusion of any proceedings taken in respect of such misdemeanor.

IX.-JAPANESE WATERS.

95. When and as often as it appears to Her Majesty's Minister Regulations as to enter». in Japan that the unrestricted entrance of British vessels into, or ing waters, &c. the unrestricted passage of British vessels through, any straits or other water in Japan may lead to acts of disturbance of violence, or may otherwise endanger the maintenance of peaceful relations and intercourse between Her Majesty's subjects and the subjects of the Tycoon of Japan, Her Majesty's Minister may make any regulation for prohibiting or for restricting, in such manner as seems expedient, the entrance or passage of any British vessel (other than à vessel