the-ordinances-of-the-legislative-counci-1890 — Page 56

20 ORDINANCE No. 9 OF 1841.


Restraint of Trade in China.


No. 9 of 1844.

Title .
An Ordinance to restrain all persons within the Colony of Hongkong
from trading in the Empire of China to the northward of the 32d
degree of north latitude.

[ 16th April, 1844. ]
Preamble. HEREAS to secure the due observance of the treaties between the Empires of
Great Britain and China, it is expedient to confine the trade of all persons
within the Colony of Hongkong to the limits included by the five ports in China,
provided by the said treaties for the same.

Trade to the 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with
northward ofthe
24 degree of the advice of the Legislative Council thereof, that all trade whatsoever by any person
north latitude
to be unlawful.
within the Colony of Hongkong, in, to, or from any part of the coast of China, to the
northward of the 32d degree of north latitude, shall be, and is hereby declared to be
unlawful.

Conveying 2. And be it enacted , if any person within the Colony of Hongkong shall export
goods from
forbidden limits. or carry, or contract for exporting or carrying, or shall ship or embark, or contract for
[See Ordinance
No. 1 of 1846 ,]
shipping and embarking, from, to, or in the limits aforesaid, any treasure, goods , or
Fitting out merchandize whatsoever, or shall fit out, man, navigate, equip, despatch, use, employ,
vessels for
unlawful trade. let, take to freight, or on hire any vessel, or so contract, in order to embark in the
trade hereby declared unlawful, or shall knowingly, and wilfully lend and advance, or
Lending money become security for, or contract for the lending or becoming security for the loan of
to be employed ,
in unlawful money, or effects employed, or to be employed in such trade as aforesaid , or shall
trade. Guaran
tecing agents.
knowingly and wilfully, become guarantee or security for, or contract for guaranteeing
any agent employed, or to be employed, in conducting such trade as aforesaid , or in
Engaging in any other manner engage, or contract to engage, directly or indirectly, therein as a
any manner in
unlawful trade.
Shipping goods partner, agent, or otherwise, or shall knowingly and wilfully ship, tranship, lade,
&e. Navigating
ship. receive, or put on board, or contract for shipping, goods, money, or effects, to be
employed in such trade as aforesaid, or shall take the charge of, or command, or
navigate, or enter, or embark, on board of any vessel or contract to do so as captain,
master, mate, surgeon, or supercargo, knowing that the vessel is employed , or intended
Insuring ship. to be employed in such unlawful trade as aforesaid, or shall knowingly and wilfully
insure, or contract for the insuring of any property, or effects whatsoever, employed or
intended to be employed in such trade as aforesaid, then and in every such case , the
Penalties for persons so offending, shall forfeit to Her Majesty, Her Heirs and Successors, a sum
above offences.
not exceeding ten thousand dollars, and in default of payment of such penalty,
shall be liable to be imprisoned for any term not exceeding two years.

Penalty on 3. And be it enacted , if any person shall enter and embark on board of any ship
seamen serving
on board ships
engaged in or vessel as petty officer, seaman, marine or servant or in any other capacity knowing
unlawfultrade
that the vessel is actually employed , or intended to be employed, in the trade hereby
declared to be unlawful, such person so offending, shall forfeit to Her Majesty,