541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 19

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

(2.) That a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained unless the Court is satis- fied that effectual provision exists for the punishment in Consular or other Courts in China or Corea of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject, in relation to, or affecting the interests of British subjects.

70.-(1.) If a British subject-

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(i.) Smuggles, or attempts to smuggle, out of China or Corea any goods Smuggling.

on expertation whereof a duty is payable to the Chinese or

Corean Government ;

(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 1007, 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 hearing 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 Levying war. 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,

() Takes part in any operation of war in the service of the Government 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 imprisonment, 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 3007. without impri-

somment.

(2.) In addition to any such punishment every conviction under the provi- sions of this Article shall of itself, and without further proceedings, 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.

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