Directory_and_Chronicle_1905 — Page 359

Directories & Chronicles 香港指南 All

THE CHINA AND JAPAN ORDER IN COUNCIL, 1881

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urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by Her Majesty the Queen, that disapproval being signified through one of Her Majesty's Principal Secretaries of State, and until notification of that disapproval has been received and published by Her Majesty's Minister in China.

(b.) That approval, where given, shall be conclusive, and the validity and regularity of any Regulations so approved shall not be called in question in any legal proceeding whatever.

12.-Any Regulations made under this Order may, if Her Majesty's Minister in China thinks fit, impose penalties for offences against the same.

13.-Penalties so imposed shall not exceed the following, namely:-For any offence imprisonment for three months, with or without hard labour, and with or without a fine of $500, or a fine of $500 without imprisonmeut,—with or without a further fine for a continuing offence of $25 for each day during which the offence continues after the original fine is incurred.

14.-Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being inflicted.

15.-All Regulations made under this Order, whether imposing penalties or not, shall be printed, and a printed copy thereof shall be affixed, and be at all times kept exhibited conspicuously in the public office of each Consulate in China.

16.-Printed copies of the Regulations shall be kept on sale at such reasonable price as Her Majesty's Minister in China from time to time directs.

17.—Where a Regulation imposes a penalty, the same shall not be enforceable in any Consular district until a printed copy of the Regulation has been affixed in the public office of the Consulate for that district, and has been kept exhibited conspicuously there during one month.

18.-A charge of an offence against a Regulation made under this Order, imposing a penalty, shall be enquired of, heard, and determined as an ordinary criminal charge under the China and Japan Order in Council, 1865, except that (notwithstanding anything in that Order) where the Regulation is one for securing observance of the stipulations of a Treaty, the charge shall be heard and determined in a summary way, and (where the proceeding is before a Provincial Court) without Assessors.

19.-A printed copy of a Regulation, purporting to be made under this Order, and to be certified under the hand of Her Majesty's Minister in China, or under the hand and Consular seal of one of Her Majesty's Consular Officers in China, shall be conclusive evidence of the due making of the Regulation, and of its contents.

20. The foregoing provisions authorising Regulations for China are bereby extended to Japan, with the substitution of Japan for China, and of the Mikado of Japan for the Emperor of China, and of Her Majesty's Minister in Japan for Her Majesty's Minister in China, and of Her Majesty's Consular Officers in Japan for Her Majesty's Consular Officers in China.

Prison Regulations

21. The respective powers aforesaid extend to the making of Regulations for the government, visitation, care, and superintendence of prisons in China or in Japan and for the infliction of corporal or other punishment on prisoners committing offences against the rules or discipline of a prison; but the provisions of this Order respecting penalties, and respecting the printing, affixing, exhibiting and sale of Regulations, and the mode of trial of charges or offences against Regulations do not apply to Regulations respecting prisons and offences of prisoners.

Mortgages

22.-A deed or other instrument of mortgage, legal or equitable, of lands or houses in China or in Japan, executed by a British subject, may be registered at any time after its execution at the Consulate of the Consular district wherein the property mort gaged is situate.

23. Registration is ma le as follows:-The original and a copy of the deed or other instrument of mortgagǝ, and an affi lavit verifying the execution and place of

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