290
THE HONGKONG GOVERNMENT GAZETTE, 1ST NOVEMBER, 1862.
intent to be so enlisted, entered, engaged, or employed as aforesaid, wacther any enlisting money, pay, or reward should have been, or should be actually given or received, or not; in any or either of such cases, every person so offending should be deemed guilty of a misdemeanour, and upon being convicted thereof, upon any information or indictment, should be punishable by fine and imprisonment, as in the said Act is mentioned:
any
And that if any person within any part of the United Kingdom, or in any part of His Majesty's dominions beyond the seas, should, without the leave and license of His Majesty for that purpose first had and obtained as aforesaid, equip, furnish; fit out, or armi, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or should knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel should be employd in the service of any foreign Prince, State, or Potentate, or of foreign Colony, Province, or part of any Province or People, or of any person or persous exercising or assuming to exercise any powers of government in or over any foreig State, Colony, Province, or part of any Province or People, as a transport or store-ship, or with intent to cruize or commit hostilities against any Prince, State, or Potentate, or against the subjects or citizens of any Priace, State, or Potentate, or against the persons exercising or assuming to exercise the powers of government in any Colony, Province, or part of acy Province or Country, or against the inhabitants of any foreign Colony, Province or part of any Province, or Country, with whom His Majesty should not then be at war; or should, within the United Kingdom, or any of His Majesty's dominions, or in any Settlement, Colony, Territory, Island, or Place belonging or subject to His Majesty, issue or deliver any Commission for any ship or vessel, to the intent that such ship or vessel should be employed as aforesaid, every such person so offending should be deemned guilty of a misdemeanour, and should, upon conviction thereof, upon any imforma- tion or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court in which such offender should be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of any such ship or vessel, should be forfeited; and it should be lawful for any Officer of His Majesty's Customs or Excise, or any Officer of His Majesty's Navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of Customs or Excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid, and in such places and in such manner in which the Officers of His Majesty's Customs or Excise and the Officers of His Majesty's Navy are empowered respectively to make seizures under the laws of Customs and Excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner and in such Courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of Customs and Excise, or of the laws of trade and navigation: Her Majesty, by and with the advice of Her Privy Council, being desirous of enabling Her subjects to engage in and enter the Naval and Military Service of the Emperor of China, is pleased to Order, and it is hereby Ordered, that from and after the first day of September next, it shall be lawful for Horatio Nelson Lay, one of Her Majesty's subjects, and Sherard Osborn, a Captain in Her Majesty's Navy, to enter into the Military and Naval Service of the said Emperor, and to accept "any Commission, Warrant, or other appointment under the said Emperor, and to accept any money, pay, or reward for their services, and to fit out, equip, purchase, and acquire ships or vessels of war for the use of the said Emperor, and to engage and enlist British subjects to enter the Military and Naval Service of the said Emperor. And it is hereby further Ordered, that it shall be lawful for every British subject to enlist and enter himself by engaging and enlisting himself with the said Horatio Nelson Lay and Sherard Osborn, and no other person or persons whatsoever, in the Military and Naval Service of the said Emperor, and to serve the said Emperor in any Military, Warlike, or other operations, either by land or by sea, and for that purpose to go to any place or places beyond the seas, and to accept any Commission, Warrant, or other appointment from or under the said Emperor, and to accept any money, pay, or reward for his service: Provided always, that the license and permission hereby given shall be in force only for the term of two years from the said first day of September next, unless, by Order in Council made in manner aforesaid, such period should be further extended.
ARTHUR HELPS.
No. 110.
GOVERNMENT NOTIFICATION.
The following Circular Despatch from His Grace The DUKE OF NEWCASTLE, respecting the nationality of Children born of Foreign Farents in the British Colonies, is, by direction of the Acting Governor, published for general information.
By His Excellency's Command,
Colonial Secretary's Office, Hongkong, 28th October, 1862.
W. H. ALEXANDER,
Acting Colonial Secretary.
CIRCULAR.
Downing Street, 25th August, 1862.
SIR,--It has been brought to my notice that persons born of foreign parents in British territory are exposed to various inconveniences by their inability to procure such evidence as will satisfy Foreign Governments that they are British subjects. There is no doubt that the children of foreigners born in the British dominions are entitled to the character, rights, and privileges of British subjects, unless their parents at the time of their birth were alien enemies, that is to say, subjects of a power then at enmity with Great Britain.
The Law Officers of the Crown, to whom this question has been referred, are of opinion that it would be impossible with- out risk of inconvenience to authorize British functionaries to issue official certificates declaring absolutely that the person named in such certificate is a British subject; but they do not see any objection to a mere statement of belief to the same effect.
In case, therefore, it should be proved to your satisfaction that any person has been born in the Colony under your government of foreign parents, not being alien enemies, you will be at liberty to give either to him, or to any person applying for it on his behalf, a written statement of your belief that he has been so born, and that he is consequently a British subject. I annex a form of statement which appears to me calculated to answer the proposed purpose, leaving you to vary it according to the circumstances of the application or your own judgment.
I also annex a copy of the Correspondence which has given occasion to this Circular.-I have the honor to be, Sir, your most obedient humble servant,
The Officer Administering the Government of Longkang.
NEWCASTLE.
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