Directory_and_Chronicle_1909 — Page 383

284

Levying

war, etc.

Piracy.

Violation of Treaties.

ORDER IN COUNCIL

(ii) Imports or exports, or attempts to import or export, into or out of China or Corea, any goods, intending and attempting to evade payment of duty payable thereon to the Chinese or Corean Government;

(iii) Imports or exports, or attempts to import or export, into or out of China or Corea any goods the importation or exportation whereof, into or out of China or Corea, is prohibited by law; (iv) Without a proper licence, sells, or attempts to sell, or offers for sale, in China or Corea, any goods whereof the Chinese or Corean Government has by law a monopoly ;

In each of the four cases aforesaid he shall be guilty of an offence against this Order, and on conviction shall be liable to imprisonment, with or without hard labour, for any term not exceeding six months, and with or without a fine not exceeding £100, or to a fine not exceeding £100 without imprisonment.

(2) Where a person is charged with such an offence as in this Article is mentioned, the Court may seize the goods in relation to which the alleged offence was committed, and may hold the same until after the bearing of the charge.

(3) If a person so charged is convicted, then those goods, whether they have been so seized or not, shall be forfeited to His Majesty the King, and the Court shall dispose of them, subject to any general or special directions of the Secretary of State as the Court thinks fit.

71.-(1) If any British subject, without His Majesty's authority, proof whereof shall lie on the party accused, does any of the following things, that is to say:-

(a) Levies war or takes any part in any operation of war against,

or aids or abets any person in carrying on war, insurrection, or rebellion against the Government of China or of Corea; or, (b) Takes part in any operation of war in the service of the Govern- ment of China or of Corea against any persons engaged in carrying on war, insurrection, or rebellion against those respective Governments he shall be guilty of an offence against this Order, and, on conviction thereof, shall be liable to im- prisonment, with or without hard labour, for any term not exceeding two years, and with or without a fine not exceeding £500, or to a fine not exceeding £500 without imprisonment. (2) In addition to any such punishment every conviction under the provisions of this Article shall of itself, and without further proceed- ings, make the person convicted liable to deportation, and the Court may order him to be deported from China or Corea in manner provided by this Order.

(3) Where a person accused of an offence against this Article is brought before a Provincial Court, that Court shall report the case to the Supreme Court, and the Supreme Court shall thereupon direct in what mode and where the case shall be heard and determined, and the case shall be heard and determined accordingly.

72. Any British subject being in China or Corea may be proceeded against, tried, and punished under this Order for piracy wherever committed.

If a person accused of piracy is brought before a Provincial Court, that Court shall report the case to the Supreme Court, and the Supreme Court shall thereupon give such directions as it may think fit with respect to the trial.

73. If any British subject in China or in Corea violates or fails to observe any stipulation of any Treaty between His Majesty, His pre- decessors, heirs, or successors, and the Emperor of China or of Corea