648
GOVERNMENT NOTIFICATION.
By order.
THE FRIEND OF CHINA AND HONGKONG GAZETTE.
China prompting them zealously to cooperato with Her Majesty's Officers in carrying out a His Excellency Her Majesty's Plenipotensystem, in the success of which all are so deeply tiary and Superintendent of British Trade is interested, and which, if it should fail o recution, pleased to direct that the annexed Circular, might be attended with very serious consequences. addressed to the Consuls at the Five Ports With regard to the question of sending criminals with reference to and in connection with Or. to Hongkong for trial, it is intended that, in the dinance No. VII. of 1844, for Her Majesty's first instance at least, that course should only be Subjects within the Dominions of the Emperor taken with criminals charged with murder; and of China, be published for general information, even in such cases the depositions taken by the
Consuls must
must be first transmitted to myself, or der that I may ascertain whether, in the opinion of the legal authorities of this Colony, there is a reasonable probability of obtaining a conviction, And you must further bear in mind that the per sonal appearance of the witnesses for the prose cution will in all cases be required by the Supreme Coourt of Hongkong, and that, therefore, you must, arrange with witnesses to proceed to Hong- kong on payment of their expences. With regard to evidence for the defence, the case is different, and you will pay the strictest attention to the provision of the fourth section of the Act of the 6th and 7th Victoria, e 94, on this point.
ADAM. W ELMSLIE.
Victoria, Hongkong, 17th January, 1845.
CIRCULAR, -No. 21
Victoria, Hongkong, 22nd November, 1814,
In transmitting to you the accompanying Ordi. mance, by which the nature of the jurisdiction con- ferred upon you in matters of a Criminal nature is further defined, and the manner in which such jurisdiction is to be exercised by you pointed out, I have to call your particular attention to the follow ing observations
The right of British Consular Officers to exercise dny jurisdiction in China, in matters which in other countries come exclusively under the control of the Jocal Magistrates, depends originally on the extent to which that right has been conceded by the Em. peror of China to the British Crown, and therefore the right is strictly limited to the terms in which the concession is made, one anyth
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The right depende, in the next place, on the ex- tent to which the Queen, in the exercise of the powers vested in Her Majesty by Act of Par- liament, may be pleased to grant to Her Consular Servants, through Her Majesty's Superintendent In China, authority to exercise jurisdiction over British Subjects; and therefore the Ordinances which may from time to time be issued are the only Warrants for the proceedings of the Consuls, and exhibit the rules to which they must scrupu lously adhere.
This state of things in China is an exception to the system universally observed among Cristian Nations, and almost identical with that which pre- vails at the British Consulates in the Levant. But the Emperor of China having, like the Sultans of Turkey, waived in favor of Christian Powers rights
Inherent in territorial Sovereignty, such Christian Powers, in taking advantage of this concession, are bound to provide as far as possible against any injurious effects resulting from it to the territorial Sovereign, and as the maintenance of order and the repression and punishment of crime are objects of greatest importance in every civilized Commu nity, it is obligatory upon Christian Powers, stand
You will keep a police report in the form here. with tannsmitted; and send to me when required, a copy of the whole or any portion thereof; and on the 31st December, of each year a copy of the pro- ceedings in the whole year must be sent to long- kong-
You will forthwith report upon the means at Your disposal for executing sentences of imprison- ment, and on the practice which you have hitherto observed in this respect; and in the meanwhile you are enjoined, whenever recourse is bad to the prisons of the country, to arrange with the local Authorities that any British prisoner who may be confined therein shall be visited daily by any person appointed by you, and if necessary by a Medical Officer deputed for that purpose. var mik
You will be so good as to communicate to me a copy of the Notification to be exhibited in your Consular Office as to the period within which British Subjects arriving within your Port shall enrol themselves. The principil object of the Register being however, to facilitate the exercise of character, you will carefully avoid exposing es control over. British Subjects of bad or doubtful pestate parties to unnecessary vexation in this respect.
In addition to the police register, I send you a considered as British Subjects are to be enrolled. from of Register in which the names of all personsi
It It will not be necessary that you should send me a copy of the Register of British Subjects, but on the 31st December, of each year you will report the number of persons enrolled as British Subjects in that Register.
GOVERNMENT BILLS.
pecially by the government contracts, but this cannot palliate a breach of faith. They have and for NOTICE is hereby given, that the rates of made the bargain with their eyes open,
Exchange for present month will be the buildings they were the best judges of the pro- bable expence with cutting and levelling it is underimentioned, viz 31-
For Bills on the Supreme Government of In-somewhat different rocks and large stones dia, Two Indred and twenty two Rupees may be met with, which did not enter into their calculations-under such circumstances for One hundred Republican Dollars. For Bills on the Lords of the Treasury, Fifty pence, sterling, for One Republican Dollar.
Commissariat, Victoria,
·Tat
Jat January!
1845.
EALED Tenders will be received by Deputy Commissary General Miller at the Commis siriat Office until Friday the 24th day of January instant at noon from persons disposed to furnish the Ordnance Deputment at this Station with the following articles immediately namely
Target Frames, Iron
Covers for do. Painted Calico Páns of Clubs (2) HE Buckets Fire, Wabden --* Cupboards, Officers.
Fenders do.
? Doris
Soldiers
Wheel Barrows.
20
100
∙10. 178
24
12:
Wéll Buckets each with 4 ft. Chain 12 And for such further quantities of the same Articles as may be required from time to time for one year.
A pattern of the articles may be seen on applica tin at the Ordnance Office.
The ratos to be expressed in Mexican Dollars and payment will be made quarterly for the articles supplied.
Security will be required for the performance of the contract.
Commissariat
Victoria 10th January 1845.
Dec, 10 *DUC
Jany,
LATEST DATES.
SINGAPORE Aug- ENGLAND UNITED STATES... Angt 1 MANILA CALCETTA
· Nov, 15. Oct 6 SHANGHAL any:
22 Fog.onow-poo Dec. 28
AMOT
Japy. Oct. 18
BOMBA --
cover Nov, 23.
Mabkas BATAVIA MOR
THE FRIEND OF CHINA,
·AND HONGKONG GAZETTE, - VICTORIA, SATURDAY, JANUÁRY, 18th 1915,
for compensation for losses, but they have no they must look to the liberality of government legal claim, nor can they give up the contract on the plon that it is a losing one
It is not impossible that there may be a strike among the operatives, and an attempt to force exhorbitant terms from their employers Should such an occurrence lake place, or should there be any attempt to intimidate those who are willing to work, the Magistrates will doubtless be on the alert, and punish those who break faith, or hold out threats.
II. M. ships Agincourt and Iris are hourly expected from Chusan. The Feren Steamer parted company with them on Wednesday evoning and came into port on Thursday fore- noon; since then the weather has been thick and blowing fresh, from which it is probable the two ships are prevented running in, or they may have anchored in the vicinity of the island.
CHUSAN,
At this port by our advices rumours werd pre- valent, as they have been of late in this quarter, that Fgo-chow-foo, and Ningpo are to be given up as trading ports; and that Chusan is to be retained in their stead and made Consular port. This is confidently spoken of among native and foreign resi dente, So confident indeed is the impression of such an event not being remoto, that the Chinese are building extensively for themselves and foreigners.
The 18th Royal Irish are to be relieved by the 93th in March.
Mr. Thom HIM. Consul at Ningpo wason a visit to Shanghachd miles
The Medusa steamer had sailed for the river Min, there to wait the ariifal of the Agincourt to take Sir Thoinns Cochrone to Foo-chow-foo, Tho
Iris shortly would proceed to Hongkong and return with H. E. Generaj D'Aguilar; he will visit the various ports now open. The Wolf will remain on the station a month longer and then sad for Hongkong, The Mezeppa made a splendid run
In conclusion, I have merely to observe that you NOTICE-A Moil for Eugland via Singapore & Bombay of ten days from Hongkong to Chusan. This we will bear in mind that although you are
Ing as they do in China, with relation to their owed under the circumstances stated in the clipper "Island Queen," will be closed at 5 r. . Mon believe is one of the quickest passages on record,”
day 20th inst
Post Office, Victoria,
15th January, 1815.
FOO-CHOW-FOO.
Subjects, in the place of the territorial Sovereign, to send out of the Chinese dominions a British to provide as far as possible for these great ends. Subject who may have been twice convicted, it is
The present Ordinance, as well as other preced-
not obligatory upon you to do so in every case of a ang it, has been issued for this purpose. But it is second conviction. It is only when the character. essential that Hør Majestes Consular Officers in of the Offender is such as to render his continuance in China incomparture with the peace and good Juna straum bear in mind that, in conferring upon order of Society, that you should resort to this ex-give satisfaction to our mercantile readers. It | thrown, by those whose duty it is to regulate our
them powers of jurisdiction of such a comprehen. give and unusual character, it is the desire of her
Majesty's Government that "those powers should not be needlessly or lighly employef; but that, on the country, whenever differences can be adjusted in a conciliatory manner, a termination
treme measure,
I have the honor to be, &c. &c.
(Signed) J. F. DAVIS.
True copy.
APAN W. ELMSLJE.
should be promoted and recommended, and that whenover crimes are to be punished, certain and speedy, rather than scyete, punishment is to be preferred.
You will observe that three courses of proceed. To, Her Britannic Majest'y
ing are prescribed. viz. A summary decision; a decision with the assistance of Assessors chosen from the British Community; and a recourse to the Criminal tribunal of Hongkong, k
The object for which the jurisdiction is to be exercised renders it unnecessary to deal with crimes occording to the strict definition of English Law, even if the means at the disposal of the Consujs, and the extent of legal knowledge which they can be expected to possess, admitted of such a course.
The utmost that it appears necessary to attempt in this respect is, that a rule should be laid down that an action which would be criminal in the Bri. tish dominions, should be equally considered as criminal in China. But, in dealing with such crimmal actions, regard must be had to local cir- cumstances and necessities. In the British Domi- mons, many crimes unimportant in thefaselves must be dealt with, in consequence of the denomination by which they are distinguished, in the same formal manner as crimes of a more serious description.: An insignificant theft, being a " felony," must in most cases be submitted to the decision of a jury, equally with the most extensive robbery, But this rule need not be adhered to in the Consular Couris in Ching. There all crimes of a trifling kind, under whatever legal denomination they may be classed, may safely be disposed of summarily by the Consul, and sufficiently atoned for by punish- ment within the limits prescribed by the Ordinance for the sole jurisdiction of the Consul; while crimes of a more serious kind must be reserved for adju- dication by the Consul in a tribunal more formally constituted by the presence of Assessors, a
But, in order to provide the means of dealing with crimes which may be too serious for even this more formal tribunal to decide upon and which in England would be reserved for a Judge of Assize, the Island of Hongkong, has been appointed as the place of trial for offcnces eommitted by British Subjects in the Chinese Dominions.
It is intended that in all places where more than one Consular Officer is residing, the Senteor Con- sular Officer shall hold the Consular Courts esta- blished by the present Ordinance, unless he should for some reasonable cause be temporarily incapa- citated from so doing, and that as little time as circunstances will admit should in all cases in- tervene between the apprehension of a party, and the hearing and decision of the charge brought against him.
In selecting Assessors, you will take in then ro- tation from the respectable members of the British Community. It has not been thought necessary to imposé a legal obligation to sit as Assessors when called upon by the Consular Officer, because per- fect reliance is placed upon the good feeling of the respectable portion of the British Community in
Consulat
NOTICE.
New advertisements, will be received, until 4 O'Clock, on the evenings previous to publi- cation, viz. Tuesdays and Fridays.
5
12sun.
ខ.
G
Thurs
10
11 Sat.
1
༄ ༄ ༄ སྠཽ སྒྲ སྦ ལྔ
II 30 04 64 64 59.7
2 2
|7|T.
|
30 || 17 || 30 | 12 | 300965 6062.8
Chinese-day: Day of Day of Month.Month Week: Max | Brin
8 Wed
METEOROLOGICAL TABLE FROM 6 TO 1271 JANUARY, 1815.
Barometer.
Meats
Maxim Mean- Thermometer
30 15 30 10:30 1100 | 583|62.7
3021 30 15 30 17.7 62 | 55 | 58.5|
Fore
Witcla
30 21 30 21 61 54 57,5 . by E.
Zatter
De.
Fit clear.
Do
Hemarks
The Honorable: Colonial Secretary's reply to a letter from Messrs. Fox, Rawson & Co., which we have been requested to publish, will will be observed that, the auction duty of 21 per cent is not chargeable on damaged goods, sold on account of the Insurers, calf a
Oucalvices from this port-to the 29th Ultima - are of a more cheering nature -Mr. Lày has been placed in a very trying position; one into winch we trust for the reputation of our country, ho other representative of Her Majesty will over he negotiations with the rulers of China. We have already more than once expressed our opinion, un the undignified manner in which the Consul for Foo-chow-fon, was landed at the mouth of the Min Colonial Office, Victoria, Hongkong, river, and allowed to find his way to the seat of his
15th January, 1845,
official duties in a Chinesa boat, with as little Gentlemen, In reply to your letter of the 11th coreftony or respect, as if he had been a common inst, requesting to be informed whether the duty peddler of bazaar jewelley. The Chinese, anar- of 21 per cent is intended to be imposed on rogant and vain people, who carry ceremony to a damaged Gonds sold by auction for the benefit of degree that is absurd, were unquestionably surpris the Underwriters, I am directed by His Exceled at the indecent manner in which the represen leney the Governor to state, that they will be ex-tative of the British government was landed empted in accordance with the clause in the Sta tuto 10 Geb. III. cap. 56 on the subject, m
A have the honor to be Gentlemen,.......
Your most obdt. humble Servant, FREDERICK W. A BRUĆE.
Colonial Secretary.
To Messrs. Fox Bawson & Co.,
Victoria,
their shores; and consequently the people in au thority for months, have treated hun with contu- mely, refusing him, even at the latest dates, a house to live in fit for the occupation of the most humble European. It is impossible, for those not in the secrcis of Government Honse, to tell what were the motives that induced our rulers, with an idle squadron in the harbour, to act in the manner they did. We do not pretend to bo dreply versed in these matters, but our in- pression is that when a ship, or ships of war, By the Vizen we have late dates from the north are sent to a foreign station, one grand o Mention is made of a correspondence which had jeet is the protection of British subjects and of taken place between H. M. Consul at Shanghai | British representatives. If it is the intention of and "a"Merchant. The conduct of the former the home Government that, the squadron on the is highly reprobrated by all the Shanghai com-¦ China station, should be so employed, we fear they munity; but as we are not yet in possession of have not been sufficiently explicit in their instruc- a copy, we refrain from animadverting upon it. tions, as it is an undeniable fact that, the English in China, do not receive that protection from the The Troop ship Sapphire arrived on Wed-fleet, which their present position renders neces- nesday from Kulungsoo, having on board the sary. We do not a now refer to Canton, but we head quarters of the 4th M. N. I. under com-point to Foochow-foo, a place where the inhabi
ants were perfect strangers to, and had all the pre judices of their countrymen against foreigners, yet in the face of this, we find Mr. Lay thrown
mand of Major Haldane; also. Bt. Capt. and Adjutant Johnstone and Surgeon Robson.
"There is much improvement in the health of the troops at Kulungsoo, though among the off-war of any description to protect him if necessary.
amongst them, without the presence of a ship of
painful subject- one upon which we will not say much-but we fear there has been great neglect somewhere.
cers there are still some cases of fever, The or to add dignity to his mission. This is a troops in garrison there are a wing (five com- panies) of the 4th M. N. I, and detachments of the Madras, Artillery and Madras Sappers and Miners, Major Apthorp K &. I. 2ad M. N. 1. is in command of the garrison,
Luin Afuoh, the man wounded and captured by private Burroughs of the police, has been examined before the Chief Magistrate. The evidence was such, as to induce the Magistrate to commit the prisoner for trial before the Supreme Court.
It appears that Mr. Lay's knowledge of the language, and mild manners, have gained him the respect of the lower classes, who now always trent him, in his defenceless position, with politeness. The influence of character has even induced the Mandarins to unbend, and Mr. Lay, two days be- fore Christmas, was invited to visit the Fan-tae, or Treasurer of the province, at his own residence, in the Provincial City. This is an honour, which here. toforo has never been conferred upon a barbarian, -Governors &c. &c, have always been receiv- We hear that, the building contractors held | ed at temples or in official buildings. Mr. Lay's a meeting a few days ago, for the purpose of reception from the Fan-the-who by the way is arranging their plans for a combination,or union, also the Superintendent of Trade for the district What with a union of the Masters, and unions was of the most friendly nature; stripped of all of of the various tradesmen they employ, we will ficial appearances it was the meeting of two friend be very much at the mercy of our labourers; on a perfect equality, and unless we submit to their extortions build ing and public improvements may be for a clear that, no law time suspended. It is very can compel men to take contracts at lower a good wide street, clean and in excellent repair, rates than they please; but as regards those already made, it is to be hoped that, the parties contracting, will be forced to keep faith. We bear it said, that people have lost money, es
Mr. Law and his assistant are probably the first Europeans that have ever been admitted to Foo chow-loo. After passing the City gates, the build- ings over which are 80 fret bigh, they entered upon with handsome shops and dwelling houses. They were carried in their chairs for about a mile when they reached an open and pared space leading in the gates to the Fantas's residence. Here they
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