Punishment for serving with Forces of the Emperor of China, without licence.
Report by Provincial Court.
Penalties for violation of Treaties.
Trade except to
open ports unlawful.
Report of Provincial Court.
Seizure of vessel, &c.
240
ORDER IN COUNCIL
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.
84. If the Court before which any person charge 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. to 91.-Revoked
VIII.-UNLAwful Trade WITH JAPAN
92. All trade of British subjects in, to, or from any part of Japan, except such ports and towns as are for the time being open 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 misdemeanour, 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.
93. If the Court before which any person charged with having committed such a misdemeanour 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 war, or any of Her Majesty's Naval Officers authorised in this behalf by the Officer having the Command of Her Majesty's Naval Forces in Japan, by writing under his hand 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,
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