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CHINA (WAR POWERS) ORDER IN COUNCIL, 1917

Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890," or otherwise, in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:-

1. This Order may be cited as "The China (War Powers) Order in Council, 1917," and shall be read as one with the "China Order in Council, 1904” (hereinafter called the "Principal Order"), and with any Order amending the

same.

2. Where in the opinion of the Minister there are reasonable grounds for believing that any British subject has acted, is acting, or is about to act in a manner prejudicial to the public safety, or to the defence, peace, or security of His Majesty's dominions or of any part of them, the Minister may by order in writing direct that such person-

(a) Shall not enter, reside, or remain in any area specified in the order; (b) Shall reside or remain in any area so specified;

(c) Shall conduct himself in such manner, or abstain from such acts, or take such order with any property in his possession or under his control, as may be specified in such order;

(d) Shall be detained in custody in such place as may be specified in the order; and the person so detained shall be deemed for all purposes

to be in legal custody.

3. If any person in respect of whom an order is made under paragraph (a), (b), or (c) of the preceding article fails to comply with any of the provisions of the order, · he shall be guilty of an offence against this Order, and shall be liable on conviction by the Court to imprisonment with or without hard labour for a term not exceeding three years; provided, however, that nothing in this article shall be deemed to empower a Provincial Court to award any sentence greater than is authorised by Article 59 (2) of the Principal Order.

4. Where in the opinion of the Minister it is expedient that any person, in respect of whom the provisions of Article 2 of this Order apply, should be deported from China to some place in His Majesty's dominions, he shall send to the Supreme Court a certificate under his hand and seal to that effect, and the Supreme Court may thereupon order that such person shall be deported from China to the place specified in such certificate. The provisions of the Principal Order, and of any Order amend- ing the same, relative to deportation shall, subject to the provisions of this Order, apply to any deportation effected under this article.

5. If any person deported under this Order returns to China without permission in writing of the Minister (which permission the Minister may give) he shall (with- out prejudice to any liability under Article 83 (11) of the Principal Order) be guilty of an offence against this Order, and shall be liable on conviction by the Court to imprisonment with or without hard labour for a term not exceeding three years; provided, however, that nothing in this article shall be deemed to empower a Provincial Court to award any sentence greater than is authorised by Article 59 (2) of the Principal Order.

6. This Order shall take effect on the day on which the text thereof is first exhibited in the public office of the Supreme Court at Shanghai, along with a certificate under the hand of the Minister stating that he has been informed by telegraph by the Secretary of State that the Order has been passed in the form annexed to the certificate, and shall remain in force only during the continuance of the present war.

And the Right Honourable Arthur James Balfour, one of His Majesty's Prin- cipal Secretaries of State, is to give the necessary directions herein.

ALMERIC FITZROY.