720366-1861-GOVERNMENT-NOTIFICATION-NO-52 — Page 8

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THE HONGKONG GOVERNMENT GAZETTE, 11TH MAY, 1861.

concurrent jurisdic-

in civil suits between British subjects.

with a warrant from the said Consul, addressed to the Chief Magistrate of Police of the said Colony, and, thereupon, to convey him in custody to Hongkong, and on his arrival there to deliver him, with the said warrant, into the custody of the said Chief Magistrate of Police, or other officer within the said Colony lawfully acting as such, who, on the receipt of the said warrant, and of the party therein named, shall be authorized to commit and shall commit, such party so sent for trial to any jail of or in the said Colony, and it shall be lawful for the keeper of the said jail to cause such party to be detained in safe and proper custody, and to be produced upon the order of the said Supreme Court; and the Supreme Court at the sessions to be next holden shall proceed to hear and determine the charge against such party in the same manner as if the crime with which he may be charged had been committed within the Colony of Hongkong.

And it is further ordered, that Her Majesty's Consul on any occasion of sending a prisoner to Hong Kong for trial, shall observe the provisions made with regard to prisoners sent for trial to a British Colony in an Act passed in the sixth and seventh years of Her Majesty's reign, intituled "An Act 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."

Supreme Court of XXVIII. And it is further ordered, that the Supreme Court of the Colony of Hongkong to have Hong Kong shall have, and may exercise concurrently with Her Majesty's Consul, autho- tion with the Cousul rity and jurisdiction in regard to all suits of a Civil nature between British subjects arising within any parts of the dominions of the Emperor of Japan: Provided always, that the said Supreme Court shall not be bound, unless in a fit case it shall deem it right so to do, by writ of "certiorari" or otherwise, to debar or prohibit the Consul from hear- ing and deterinining, pursuant to the provisions of the several Articles of this Order, any suit of a Civil nature between British subjects, or to stay the proceedings of the Consul in any such matter.

Consuls may pro- mote reconcilement in cases of assault.

Definition of crimes

demeanours,

:

XXIX. And it is further ordered, that in cases of assault not coming within the terms of Article: XXII, of this Order, it shall be lawful for the Consul before whom complaint is made, to promote reconciliation between the parties, and to suffer compen- - sation and amends to be made, and the proceedings thereby to be stayed.

XXX. And it is further ordered, that save and except as regards offences com- and offences and mis-mitted by British subjects against the stipulations of Treaties between Her Majesty and the Tycoon of Japan, or against rules and regulations for the observance of the stipulations of such Treaties, duly affixed and exhibited according to the provisions of Article V of this Order, or against rules and regulations for the peace, order, and good government of Her Majesty's subjects being within the dominions of the Tycoon of Japan, duly exhibited and affixed as aforesaid, and save and except as regards the offence of engaging in trade, declared in Article XXXII of this Order to be unlawful, no act done by a British subject being within the dominions of the Tycoon of Japan shall be deemed and taken to be a crime, or misdemeanour, or offence, rendering the person committing it liable to punishment, which, if done within that part of Her Ma- esty's dominions called England, would not, by a Court of Justice having criminal jurisdiction in England, have been deemed and taken to be a crime or misdemeanour, or offence, rendering the person so committing it liable to punishment.

Minutes of proceed- ings before Consuls to be drawn up and pre- served.

Trade of British sub- jects in contravention of Treaty with Japan

punishable.

XXXI. And it is further ordered, that a Minute of the proceedings in every case heard and determined before a Consul, in pursuance of this Order, shall be drawn up and signed by the Consul, and shall, in cases when Assessors are present, be open for the inspection of such Assessors, and for their signature if they shall concur therein; and such minute, together with the depositions of the witnesses, shall be preserved in the public office of the said Consul, and a copy of every such minute and of such depo- sitions shall, if the Consul-General see fit to require them, be transmitted by the Côn- sul to the said Consul-General.

XXXII. And whereas it is stipulated in and by the said Treaty agreed upon and concluded between Her Majesty and His said Majesty the Tycoon of Japan as afore- declared unlawful and said, that the ports and towns of Hakodadi, Kanagawa, and Nagasaki, shall be opened to British subjects on the first day of July, one thousand eight hundred and fifty-nine, and that, in addition thereto, the following ports and towns shall be opened to them at the dates thereinafter and hereinafter specified, that is to say, Nee-e-gata, or if Nee-e- gata be found unsuitable as a harbour, another convenient port on the west coast of Nipon, on the first day of January, one thousand eight hundred and sixty, and Hiogo on the first day of January, one thousand eight hundred and sixty-three:

Now it is hereby further ordered, that all trade whatsoever of Her Majesty's sub- jects in, to, or from any part of the dominions of the Tycoon of Japan, excepting the