THE HONGKONG GOVERNMENT GAZETTE, 31ST DECEMBER, 1881.
EXTRACT from the "LONDON GAZETTE " of Tuesday, July 26th, 1881. AT THE COURT AT WINDSOR,
The 15th day of July 1881
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.
∙1109
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, Her 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 (not being Danish subjects) who desert from British merchant ships in territories belonging to His Majesty the King of Denmark, will be given under an Agreement between the Governments of Great Britain and Denmark, signed at London on the 21st of June, 1881.
Now, therefore, Her 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 subjects of the King of Denmark 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 Her 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 further pleased to order and declare that upon and after the publication hereof in the " London Gazette," the Order in Couucil relating to seamen who desert from the merchant ships belonging to the subjects of the King of Denmark made, by virtue of the said Act, on the 13th day of June, 1853, and published in the "London Gazette" on the 14th day of June, 1853, shall be revoked, and the same is hereby revoked accordingly.
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.
(Signed)
C. L. PEEL.
AGREEMENT between the Governments of Great Britain and Denmark relative to
Merchant Seamen Deserters.
Signed at London, June 21, 1881.
THE Government of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Government of His Majesty the King of Denmark, being desirous, for the benefit of the commerce of the two countries, to facilitate the discovery, apprehension, and surrender of seamen who may desert from merchant vessels of either country, on the basis of a full and entire reciprocity, have agreed as follows :—
It is mutually agreed that if any seamen or apprentices, not being slaves, should desert from any ship belonging to a subject of either of the Contracting Parties, within any port in the territories or in the possessions or Colonies of the other Contracting Party, the authorities of such port and territory, possession or Colony, shall be bound to give every assistance in their power for the apprehension and sending on board of such deserters, on application to that effect being made to them by the Consul of the country to which the ship of the deserter may belong, or by the deputy or representative of the Consul.
It is understood that the preceding stipulations shall not apply to subjects of the country where the desertion shall take place.
Each of the two High Contracting Parties reserves to itself the right of terminating this Agreement at any time, on giving to the other a year's notice of its wish to that effect.
In witness whereof the Undersigned, duly authorized for that purpose, have signed the present Agreement, and have affixed thereto the seal of their arms.
Done at London in duplicate, the twenty-first day of June, in the year of our Lord one thousand eight hundred and eighty-one.
(L.S.)
GRANVILLE.
(L.S.)
FALBE
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