709919-1868-GOVERNMENT-NOTIFICATION-NO-96 — Page 1

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THE HONGKONG

Government Gazette.

Published by Authority.

VICTORIA, SATURDAY, 15TH AUGUST, 1868.

VOL. XIV.

No. 34.

No. 96.

GOVERNMENT NOTIFICATION.

The following Circular Despatch from His Grace The Secretary of State for the Colonies, trans- mitting Her Majesty's Order in Council of the 14th of May, 1868, enforcing neutrality upon British Subjects during hostilities in Japan, is published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 15th August, 1868.

Circular.

J. GARDINER AUSTIN, Colonial Secretary.

DOWNING STREET, 25th June, 1868. SIR,-I have the honor to enclose a copy of an Order of Her Majesty in Council, enforcing neutrality upon British Subjects during hostilities in Japan, and I have to instruct you to give all due publicity to this Order, and to guide yourself in accordance with its requirements. I have the honor to be, Sir, Your most obedient humble Servant,

Governor

SIR RICHARD GRAVES MACDONNELL, C.B.,

sc..

&c.,

&c.

BUCKINGHAM & CHANDOS.

At the Court at Windsor, the 14th Day of May, 1868.

PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas an Act of Parliament was passed in the session of the sixth and seventh years of Her Majesty's reign, chap- ter ninety-four, "To remove doubts as to the exercise of power and jurisdiction by Her Majesty within divers countries and

'places out of Her Majesty's dominions, and to render the same more effectual;"

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And whereas by the said Act it was enacted, amongst other things, that it was, and should be, lawful for Her Majesty to hold, exercise, and enjoy, any power or jurisdiction which Her Majesty then had, or might at any time thereafter have, within any country or place out of Her Majesty's dominions, in the same and as ample a manner as if Her Majesty had acquired such power or jurisdiction by the cession or conquest of territory:

And whereas Her Majesty has had and now has by Treaty, usage, sufferance, and other lawful means, power and jurisdiction within the Japanese dominions:

And whereas Her Majesty has been pleased from time to time, by and with the advice of Her Privy Council, by Orders in Council, to make provision for the exercise of Her Majesty's said power and jurisdiction, and to ordain Laws and Ordinances for the peace, order, and good government of Her Majesty's subjects within the Japanese dominions, and for the constitution of certain Courts for enforcing obedience to such laws and ordinances:

And whereas hostilities have unhappily commenced, and are being carried on between the Mikado and other belligerents within the Japanese dominions, and whereas Her Majesty is at peace with the Government of Japan, and whereas it has seemed to Her Majesty, by and with the advice of Her Privy Council, to be expedient for the peace, order, and good government of Her Majesty's subjects, being within the Japanese dominions, and for maintaining a strict neutrality in such dominions during such hostilities as aforesaid, to make and ordain such rules and orders as hereinafter mentioned:

Now, therefore, Her Majesty is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:-If any British subject shall, during such hostilities as aforesaid, without the licence of Her Majesty (proof whereof shall lie on the party accused), take part in any operation of war in the service of the Mikado, or of any Power or person engaged in carrying on such hostilities as aforesaid, or shall aid or abet any or either of the contending parties in carrying on such hostilities as aforesaid, by delivering or causing to be delivered to them, or either of them, any ship or vessel equipped, furnished, fitted out or armed with intent or in order that such ship or vessel should be employed in the military or naval service of either of the said contending parties, against the other of such contending parties, every person so offending shall be guilty of misdemeanor, and on conviction thereof, shall be liable (in the discretion of the Court before which he is convicted) to be punished by imprisonment for any term not exceeding two years with or without hard labour, and with or without a fine not exceeding five thousand dollars, or by a fine not exceeding five thousand dollars without imprisonment.

And the Right Honourable Lord Stanley, one of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly.

ARTHUR HELPS.

(Signed),