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946

THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1885.

GOVERNMENT NOTIFICATION.-No. 430.

The following Circular Despatch, accompanying a copy of the Imperial Act, 48 and 49 Viet.. chap. 49, entitled An Act to carry into effect an International Convention for the Protection of Submari... Telegraph Cables, is published for general information. .

By Command,

Colonial Secretary's Office, Hongkong, 7th November, 1885.

FREDERICK STEWART,

Acting Colonial Sécreter:

CIRCULAR.

DOWNING STREET, 14th September, 1885.

SIR,--With reference to my predecessor's Circular despatch of the 27th of June, 1884, I have the honour to transmit to you, for information and publication in the Colony under your Government; a copy of The Submarine Telegraph Act, 1885.

The date for bringing the Act into force must depend on the day to be agreed on, in pursuane. of Article XVI. of the Convention in the Schedule, for bringing that Convention into force, which has not yet been fixed.

•

The Officer Administering the Government of

HONGKONG.

I have, &c.,

FRED. STANLEY,

A.D. 1885,

Short title.

Confirmation

of Convention.

Punishment for violation of Article two of Convention,

BE

CHAPTER 49.

An Act to carry into effect an International Convention for the Protection of Submarine Telegraph Cables.

[6th August, 1885.]

E it enacted by the Queen's most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Submarine Telegraph Act, 1885.

2. The Convention of the fourteenth of March one thousand eight hundred an I eighty-four mentioned in the schedule to this Act as set forth in that schedule is hereby confirmed, and subject to the provisions of this Act the articles of such Convention (referred to in this Act as the Convention) shall be of the same force as if they were enacted in the body of this Act.

3. (1.) A person shall not unlawfully and wilfully, or by culpable negligene. break or injure any submarine cable to which the Convention for the time being applies, in such manner as might interrupt or obstruct in whole or in part telegraphic communication

(2.) Any person who acts or attempts to act in contravention of this section shall be guilty of a misdemeanour, and on conviction-

(a.) if he acted wilfully, shall be liable to penal servitude for a term not exceedin

five years, or to imprisonment, with or without hard labour, for a term 1 exceeding two years and to a fine either in lieu of or in addition to such pete servitude or imprisonment; and

(b.) if he acted by culpable negligence, shall be liable to imprisonment for a ter

not exceeding three months, without hard labour, and to a fine not excee one hundred pounds either in lieu of or in addition to such imprisonment. (3.) Where a person does any act with the object of preserving the life or lis of himself or of any other person, or of preserving the vessel to which he belong any other vessel, and takes all reasonable precautions to avoid injury to a submar cable, such person shall not be deemed to have acted unlawfully and wilfully with the meaning of this section.