Directory_and_Chronicle_1900 — Page 258

Regulations

as to entering waters, &c.

Penalties and proceedings.

Beizure of vessel.

Jurisdiction as to piracy.

Report by

Provincial Court,

198

ORDER IN COUNCIL

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 mi demeanour 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 misdemeanour.

IX. JAPANESE WATERS

95. When and as often as it appears to Her Majesty's Minister in Japan that the unrestricted entrance of British vessels into, or the unrestricted passage of British vessels through, any straits or other water in Japan may lead to acts of disturbance or 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 regulations for prohibiting or for restricting, in such manner as seems expedient, the entrance or passage of any British vessel (other than a vessel of war of Her Majesty) int or through any such straits or other water as aforesaid, as defined in the Regulation.

Her Majesty's Minister may from time to time revoke or alter any such regulation.

96. The forgoing provisions of this Order relative to the making, printing, publication, enforcement, and proof of Regulations to be made by Her Majesty's Minister in China, and to the mode of proceeding in respect of any charge for an offence against any such Regulations, shall extend and apply, mutatis mutandis, to any Regulation made by Her Majesty's Minister in Japan, as last aforesaid.

97. If any person navigating a British vessel wilfully violates, or wilfully attempts to violate, any such Regulation, the officer commanding any vessel of war of Her Majesty, or in charge of any boat belonging to such vessel of war, may use force for the purpose of compelling him to desist from the violation or attempted violation of the Regulation, and if it appears necessary or expedient may seize the vessel, and such Command- ing Officer may either detain her at the place of seizure, or take her, or cause her to be taken, to any port or place in Japan or elsewhere where the offender may be more conveniently prosecuted for such offence.

Any such vessel may lawfully be detained at the place of seizure, or at the port or place to which she is so taken, under the authority of any such Commanding Officer, or of any of Her Majesty's Consular Officers in Japan until the conclusion of any proceedings taken in respect of the offence.

X. PIRACY

98. Any British subject being in China or in Japan may be proceeded against, tried, and punished under this Order for the crime of piracy

wherever committed.

99. If the Court before which a British subject charged with the crime of piracy 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

ngly.