722337-1859-GOVERNMENT-NOTIFICATION-NO-65 — Page 1

THE

Houghong

Government

GAZETTE.

NEW SERIES.

VICTORIA, SATURDAY, 9TH JULY, 1859.

GOVERNMENT NOTIFICATION,

VOL. V. No. 216.

The Contract for publishing this Gazette, cutered into on the 24th September, 1853, was terminated on the 30th ultimo; and notice is hereby giren that a NEW SERIES of this Gazette will be published hereafter, to commence from the 7th instant, under a New Contract, and that

“THE HONGKONG GOVERNMENT GAZETTES will, as before, be the only Official Organ for PROCLAMATIONS, NOTIFICATIONS, and PUBLIC PAPERS, of this Government.

W. T. MERCER, Colonial Secretary.

By Order,

Colonial Secretary's Office, Victoria, Hongkong, 2d July, 1855.

No. 65.

GOVERNMENT NOTIFICATION.

The subjoined Order of Her Majesty in Council, repealing prohibitions on the Trade of Her Majesty's Subjects with China, imposed by the Orders in Council of 24th February, 1843, and 13th June, 1853, having been trans- itted to this Government by the Right Honourable the Secretary of State for the Colonies, is, by direction of His Excellency the Acting Governor, published for general information.

By Order,

Colonial Secretary's Office, Victoria, Hongkong, 8th July, 1859.

AT THE COURT AT BUCKINGHAM PALACE, the 3d day of March, 1859.

PRESENT:

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

W. T. MERCER,

Colonial Secretary.

WHEREAS Her Majesty was pleased, by an Order in Council, passed on the twenty-fourth day of February, one thousand right Lundred and forty-three, in pursuance of the powers vested in Her Majesty by an Act passed in the se sion of Parliament holden in the third i fourth years of the reign of His late Majesty King William the Fourth, intituled An Act to regulate the Trade to China and India," prohibit Her Majesty's subjects from resorting, for the purposes of trade and commerce, to any other ports in the domin ons of the Emperor China than those of Canton, Amoy, Foo-chow-foo, Ningpo, and Shanghae, or than might be in the occupation of Her Majesty's forces; that any of Her Majesty's subjects committing a breach or violation of the said direction should, upon conviction thereof as therein mentioned, be liable to the penalty therein mentioned:

And whereas Her Majesty was also pleased, by another Orler in Council, passed on the thirteenth day of June, one thousand eight Fundred and fifty-three, (amongst other things,) to order and declare that all trade whatsoever of Her Majesty's subjects in, to, or from any rt of the coast of China to the northward of the thirty-second degree of north latitude, should be unlaw.ul, and that every party engaged insach trade as principal, agent, shipowner, ship-master, or supercargo, should be liable to be apprehended, conveyed in custody, tried, and jnshebas therein mentioned; and further, that it should be lawful for any of the Comminders of Her Mj sty's ships, or any other officer authorize in that behalf, to seize any ship or vessel under the British flag which might reasonably be suspected of having been engaged, being engaged, in trade declared to be unlawful as aforesaid, and to bring such ship or vessel, and the master, officer, supervargo, and frew thereof, to the Colony of Hongkong, or to any other place where the Chief Superintendent of British Trade in Chma night, for the te bring, he resident, or direct the same to he brought; and there to detain such ship or vessel, and the masters, officers, supercargo, and crew thereof, until the said Chief Superintendent should have tried and determined the charges which might be brought against them, or any of them, of having been engaged in such unlawful trade as aforestid :

And whereas, by a Treaty agreed upon and concluded between Her Majesty and the Emperor of China, and signed in the English and Chinese languages, at Tien-tsin, on the twenty-sixth day of June, one thousand eight hun red and fifty-eight, it is amongst other things stipulated and agreed, that British subjects may travel for their pleasure, or for purposes of trade, to all parts of the interior of China, under sports which will be issued by their Consuls, and countersigned by the local authorities, and that Bri'ish merchant-ships shall have autho- ray to trade upon the Great River (Yang-ize), but that the Upper and Lower Valley of the said river being disturbed by our laws, no port be for the present open to trade, with the exception of Chin-kiang) which shall be opened in a year from the date of the signing of the said Treaty, and that so soon as peace shall have been restored, British subjects shall also be admitted to trade at such ports as far as Hati-kow, hat exceeting three in number, as the British Minister, after.consultation with the Chinese Secretary of State, may determine shall be ports entry and discharge. And in and by the said Treaty it is further stipulated and agreed, that in addition to the cities and towns of Canton, Amoy, Fuchow (or Foo-chow-fo), Ningpo, and Shanghae, opened bythe Treaty of Nankin, British subjects may frequent the cities and ports of New-Chwang, Tang-Chow, Tai-Wan (Formosa), Chau-Chow (Swatow), and Kiung-Chow (lainan); that they slad be permitted to carry trade with whomsoever they please, and to proceed to and fro at pleasure with their vessels and merchandise; and that they shall enjoy same privileges, advantages, and immunities, at the said towns and ports, as they enjoy at the ports already opened to trade, including the tight of residence, of buying or renting houses, of leasing land therein, and of building churches, hospitals, and cemeteries:

And whereas it is in and by the said Treaty further stipulated and agreed, that the ratifications of the said Treaty under the hands of Her Majesty and of His Majesty the Emperor of China respectively, shall be exchanged at Pekin within a year from the day of the signature of the said Treaty:

And whereas by reason of the aforesaid stipulations of the said Treaty, it is necessary to revoke the prohibitions on the trade of Her Majesty's subjects in China contained in the said "Orders in Council of the twenty-fourth day of February, one thousand eight hundred and ferty-three, and the thirteenth day of June, one thousand eight hundred and fifty-three, respectively: