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11
ORDER IN COUNCIL.
Court thinks fit. The Judge of the Supreme Court shall, when required by one of Her Majesty's Principal Secretaries of State, transmit the same to the Secretary of State, and may send therewith any observations he thinks fit.
VI.-WAR, INSURRECTION, OR REBELLION.
81. If any British subject commits any of the following offences, that ng war, &c. is to say :—
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(1.) In China, while Her Majesty is at peace with the Emperor of China, levies war or takes part in any operation of war against the Emperor of China, or aids or abets any person in carrying on war, insurrection, or rebellion against the Emperor of China. (2.) In Japan, while Her Majesty is at peace with the Tycoon of Japan, levies war or takes part in any operation of war against the Tycoon of Japan, or aids or abets any person in carrying on war, insurrec- tion, or rebellion, against the Tycoon of Japan; every person so offending shall be deemed guilty of a misdemeanour, and on con- viction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprisonment.
In addition to such punishment every such conviction shall of itself. and without further proceedings, make the person convicted liable to deportation; and the Court before which he is convicted may order that he be deported from China or Japan to such place as the Court directs.
82. If any British subject, without the licence of Her Majesty (proof whereof shall lie on the party accused) takes part in any operation of war in the service of the Emperor of China against any person engaged in carrying on war, insurrection, or rebellion against the Emperor of China, he shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding 5,000 dollars, or by a fine not exceeding 5,000 dollars without imprison-
ment.
83. If the Court before which any person charged with having com- mitted such a misdemeanour as in the two last preceding Articles mentioned 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 accord- ingly.
VII--TREATIES AND REGUlations.
84. If any British subject in China or in Japan violates or fails to observe any stipulation of any Treaty between Her Majesty, her heirs or successors, and the Emperor of China, or the Tycoon of Japan, for the time being in force, in respect of the violation whereof any penalty is stipulated for in the Treaty, he shall be deemed guilty of an offence against the Treaty, and on conviction thereof under this Order shall be liable to a penalty not exceeding the penalty stipulated for in the Treaty.
85. Her Majesty's Minister in China may from time to time make such Regulations as seem fit for the peace, order, and good government of British subjects resident in or resorting to China, and for the observance of the stipulations of Treaties between Her Majesty, her heirs or successors, and the Emperor of China, and for maintenance of friendly relations
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