705854-1870-PROCLAMATION — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 8TM OCTOBER, 1870.

Payment of such Penalties to the Satisfaction of Two Justices of the Peace, or other Magistrate or Magistrates having the Authority of Two Justices of the Peace: and "(3.) All illegally enlisted Persons shall, immediately on the Discovery of the Offence, be taken on Shore, and shall not be allowed to return to the Ship.

"ILLEGAL SHIPBUILDING AND ILLEGAL EXPEDITIONS.

"If any Person within Her Majesty's Dominions, without the License of Her Majesty, does any of the following Acts; that is to say,

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(1.) Builds or agrees to build, or causes to be built any Ship with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State: or

"(2.) Issues or delivers any Commission for any Ship with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State: or

(3.) Equips any Ship with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State: or "(4.) Despatches, or causes or allows to be despatched, any Ship with Intent or Knowledge, or having reasonable Cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State:

Such Person shall be deemed to have committed an Offence against this Act, and the following Consequences shall ensue : "(1.) The Offender shall be punishable by Fine and Im- prisonment, 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.

"(2.) The Ship in respect of which any such Offence is committed, and her Equipment, shall be forfeited to Her Majesty:

Provided, that a Person building, causing to be built, or equipping a Ship in any of the Cases aforesaid, in pursuance of a Contract made before the Commencement of such War as aforesaid, shall not be liable to any of the Penalties imposed by this Section in respect of such building or equipping if he satisfies the Conditions following; that is to say,-

"(1.) If forthwith upon a Proclamation of Neutrality being issued by Her Majesty he gives Notice to the Secretary of State that he is so building, causing to be built, or equipping such Ship, and furnishes such Particulars of the Contract and of any Matters relating to or done, or to be done under the Contract as may be required by the Secretary of State:

"(2.) If he gives such Security, and takes and permits to be taken such other Measures, if any, as the Secretary of

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State may prescribe for ensuring that such Ship shall not be despatched, delivered, or removed without the License of Her Majesty until the Termination of such War as aforesaid.

"Where any Ship is built by Order of or on behalf of any Foreign State when at War with a friendly State, or is delivered to or to the Order of such Foreign State, or any Person who to the Knowledge of the Person building is an Agent of such Foreign State, or is paid for by such Foreign State or such Agent, and is employed in the Military or Naval Service of such Foreign State, such Ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the Burden shall lie on the Builder of such Ship of proving that he did not know that the Ship was intended to be so employed in the Military or Naval Service of such Foreign State.

"If

any Person within the Dominions of Her Majesty, and without the License of Her Majesty,-

"By adding to the Number of the Guns, or by changing Equipment for War, increases or augments, or procures to be those on board for other Guns, or by the Addition of any increased or augmented, or is knowingly concerned in increasing or augmenting the warlike Force of any Ship which at the Time of her being within the Dominions of Her Majesty was a Ship in the Military or Naval Service of any Foreign State at War with any friendly State,-

"Such Person 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.

"If any Person within the Limits of Her Majesty's Dominions, and without the License of Her Majesty, -

"Prepares or fits out any Nuval or Military Expedition to proceed against the Dominions of any friendly State, the following Consequences shall ensue :

"(1.) Every Persou engaged in such Preparation or fitting out, or assisting therein, or employed in any Capacity in such Expedition, shall be guilty of an Offence against this Act, and shall be punishable by Fine and Impri- sonment, 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.

"(2.) All Ships, and their Equipments, and all Arms and Munitions of War, used in or forming Part of such Expedition, shall be forfeited to Her Majesty.

"Any Person who aids, abets, counsels, or procures the Commission of any Offence against this Act shall be liable to be tried and punished as a principal Offender.”

And whereas by the said Act it is further provided that Ships built, commissioned, equipped, or despatched in contravention of the said Act, may be condemned and forfeited by Judgment of the Court of Admiralty; and that if the Secretary of State or Chief Executive Authority is satisfied that there is a reasonable and probable Cause for believing that a Ship within Her Majesty's Dominions has been, or is being built, commissioned, or equipped, contrary to the said Act, and is about to be taken beyond the Limits of such Dominions, or that a Ship is about to be despatched contrary to the Act, such Secretary of State, or Chief Executive Authority, shall have Power to issue a Warrant authorising the Seizure and Search of such Ship and her Detention until she has been either condemned or released by Process of Law. And whereas certain Powers of Seizure and Detention are conferred by the said Act on certain Local Authorities;

Now, in order that none of Our Subjects may unwarily render themselves liable to the Penalties imposed by the said Statute, We do hereby strictly command, that no Person or Persons whatsoever do commit any Act, Matter, or Thing whatsoever contrary to the Provisions of the said Statute, upon Pain of the several Penalties by the said Statute imposed, and of Our high Displeasure.

And We do hereby further warn and admonish all Our loving Subjects, and all Persons whatsoever entitled to Our Protection, to observe towards each of the aforesaid Sovereigns, their Subjects, and Territories, and towards all Belligerents whatsoever, with whom we are at Peace, the Duties of Neutrality; and to respect, in all and each of them, the Exercise of those Belligerent Rights which We and Our Royal Predecessors have always claimed to exercise.