705848-1870-GOVERNMENT-NOTIFICATION-NO-126 — Page 1

QUI

DII

DROIT

THE HONGKONG

Government Gazette.

No. 42.

No. 126.

Published by Authority.

VICTORIA, SATURDAY, STH OCTOBER, 1870.

GOVERNMENT NOTIFICATION.

VOL. XVI.

Under Instructions from the Right Honorable The Earl of KIMBERLEY, Her Majesty's Principal Secretary of State for the Colonies, the following Copy of the Foreign Enlistment Act, providing for the Preservation of Neutrality during the existence of Hostilities between Foreign States with which Her Majesty is at peace, is published for general information.

By Command,

J. GARDINER AUSTIN,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 3rd October, 1870.

CHAP. 90.

An Act to regulate the conduct of Her Majesty's Subjects during the existence

hostilities between foreign states with which Her Majesty is at peace.

[9th August 1870.]

WE

of

A.D. 1870.

HEREAS it is expedient to make provision for the regulation of the conduct of Her Majesty's subjects

during the existence of hostilities between foreign states with which Her Majesty is at peace: Be 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:

Preliminary.

1. This Act may be cited for all purposes as "The Foreign Enlistment Act, 1870."

Short title of Act,

2. This Act shall extend to all the dominions of Her Majesty, including the adjacent territorial waters. Application of Act. 3. This Act shall come into operation in the United Kingdom immediately on the passing thereof, and Commencement of shall be proclaimed in every British possession by the governor thereof as soon as may be after he receives Act. notice of this Act, and shall come into operation in that British possession on the day of such proclamation, and the time at which this Act comes into operation in any place is, as respects such place, in this Act referred to as the commencement of this Act.

Illegal Enlistment.

state.

4. If any person, without the license of Her Majesty, being a British subject, within cr without Her Penalty on enlistment Majesty's dominions, accepts or agrees to accept any commission or engagement in the military or naval in service of foreign service of any foreign state at war with any foreign state at peace with Her Majesty, and in this Act referred to as a friendly state, or whether a British subject or not within Her Majesty's dominious, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of any such foreign state as aforesaid,---

He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, inay be either with or without hard labour.

5. If any person, without the license of Her Majesty, being a British subject, quits or goes on board any ship with a view of quitting Her Majesty's dominions, with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting Her Majesty's dominions with the like intent,-

He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishinients, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.

Her Majesty's Penalty on leaving dominions with intent to serve a foreign state.

representations as to

6. If any person induces any other person to quit Her Majesty's dominions or to embark on any ship Penalty on emberking within Her Majesty's dominions under a misrepresentation or false representation of the service in which persons under fåso sneh person is to be engaged, with the intent or in order that such person may accept or agree to accept any service. commission or engagement in the military or naval service of any foreign state at war with a friendly state,- Ile shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.