660694-1888-H-M-s-Order-in-Council-Foreign-Deserters-Act — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 3RD MARCH, 1888.

GOVERNMENT NOTIFICATION.--No. 92.

The following Circular Despatch accompanying a copy of an Order of Her Majesty in Council, is published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 3rd March, 1888.

FREDERICK STEWART, Colonial Secretary.

CIRCULAR.

DOWNING STREET,

9th January, 1888.

SIR,-I have the honour to transmit to you, for publication in the Colony under

your Government,

a copy of an Order of Her Majesty in Council, extending the provisions of the "Foreign Deserters Act, 1852," to the Republic of Paraguay.

I have the honour to be,

Sir,

Your most obedient humble Servant,

H. T. HOLLAND.

The Officer Administering the Government of

HONGKONG.

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT,

The 29th day of December, 1887.

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL,

WHEREAS by the "Foreign Deserters Act, 1852," it is provided that whenever it is made to appear to Her Majesty that due facilities are or will be given for recovering and apprehending seamen who desert from British merchant ships in the territories of any foreign Power, IIer Majesty may, by Order in Council stating that such facilities are or will be given, declare that seamen, not being slaves, who desert from merchant ships belonging to a subject of such Power when within Her Majesty's dominions shall be liable to be apprehended and carried on board their respective ships, and

may limit the operation of such Order, and may render the operation thereof subject to such conditions and qualifications, if any, as may be deemed expedient :

And whereas it hath been made to appear to Her Majesty that due facilities for recovering and apprehending seamen who desert from British merchant ships in the territories of the Republic of Paraguay will be given under a Treaty between the Governments of Great Britain and Paraguay signed at Assumption on the 16th October, Ï884:

NOW, THEREFORE, IIer Majesty, by virtue of the powers vested in Her by the said "Foreign Deserters Act, 1852," and by and with the advice of Her Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that, from and after the publication hereof in the London Gazette, seamen, not being slaves (and not being British subjects), who desert from merchant ships belonging to the Republic of Paraguay within Her Majesty's dominions shall be liable to be apprehended and carried on board their respective ships; provided always, that if any such deserter has committed any crime in Her Majesty's dominions he may be detained until he has been tried by a competent Court, and until his sentence (if any) has been fully carried into effect.

And the Secretary of State for the Home Department, the Secretary of State for the Colonies, and the Secretary of State for India in Council, are to give the necessary directions herein accordingly.

C. L. PEEL.