Consulate and two Assessors, who shall be subjects of Her Majesty resident within that Consulate. JOHN BOWRING. Passed the Legislative Council of Hong Kong, this 17th day of January, 1855. L. D'ALMADA E CASTRO, Clerk of Councils. BRITISH ORDINANCE, "to establish a proper system of Registration for Colonial Vessels."—Hong Kong, March 3, 1855. [18 Vict. No. 4, of 1855.] WHEREAS many illegal acts have resulted from the improper use of registers granted at Hong Kong under the provisions of the Imperial Acts to vessels employed solely in trading with the mainland of China, and it is necessary that legal trading should be protected and illegal trading prevented: I. Be it therefore enacted and ordained by His Excellency the Governor of Hong Kong, with the advice of the Legislative Council thereof, that from and after the passing of this Ordinance no ship or vessel whatsoever owned by a British subject shall be at liberty to trade in any of the harbours of this colony unless in the case of an outward trading ship or vessel she be provided with a certificate of registry in conformity with the Imperial Acts of Parliament on that behalf; and in the case of a China trading ship or vessel she has in all respects complied with the requirements of this Ordinance. II. And be it further enacted and ordained, that henceforward when any person or persons shall be desirous of obtaining a register for a ship or vessel in this colony, it shall be necessary for such person or persons to forward to the Colonial Secretary a declaration in writing stating whether the ship or vessel for which such register is sought is intended to be employed solely in trade with China or on more distant voyages, and that according to such statement a register shall be granted to such ship or vessel, either an imperial register as prescribed by the Imperial Acts in that behalf or a colonial register as laid down in this Ordinance; provided always that should such declaration be false or the ship or vessel to which it relates not be employed in conformity with it, the register thereby obtained whether imperial or colonial shall ipso facto become null and void. III. And be it further enacted and ordained, that a colonial register shall be given under the hand of the Governor, LieutenantGovernor, or officer administering the Government of this colony on production of the following documents: The harbour master's certificate as hereinafter provided by Section VII. A declaration of ownership with proof thereof to the satisfaction of the Colonial Secretary. A joint and several bond of the owner and two sureties binding each and every of the several obligees under a penal sum of 1,000 dollars, to comply with all the provisions of this Ordinance and with all the laws binding on British subjects with regard to trade with China. IV. And be it further enacted and ordained, that it shall not be lawful for the owner or owners of any colonial registered ship or vessel to give her any name other than that of her registry, and such owner or owners, before such ship or vessel shall after registry take in any cargo or leave this colony, are required to paint or cause to be painted in white or yellow letters, not less than four inches long, her name upon some conspicuous part of her stern in a distinct and legible manner, and both in Roman and Chinese characters, and shall so keep and preserve the same upon pain on breach of the provisions of this section in addition to any other pains and penalties and forfeitures in this Ordinance contained, to a penalty not exceeding 500 dollars. V. And be it further enacted and ordained, that the register of every colonial registered ship or vessel shall be produced once at least every six months to the Harbour Master, who shall endorse the date of such production on such register upon pain on failure of such production of the forfeiture of such register, unless satisfactory cause for such non-production be shown to the Colonial Secretary. VI. And be it further enacted and ordained, that it shall be lawful for Chinese residents within this colony to apply for and obtain colonial registers, provided the person or persons applying as owners be registered lessees of crown lands within this colony, and that such owner or owners tender as securities for the due performance by them of all the requirements of this Ordinance two other crown lessees, and that such owners and such lessees be severally reported by the Registrar-General to the satisfaction of the Colonial Secretary to be each worth 2,000 dollars in this colony, and should such owner or owners be member or members of any shop or partnership that the seal of such shop or partnership be also affixed to the security to be given by such owner. VII. And be it further enacted and ordained, that the certificate to be granted by the Harbour Master do specify the proper measurement of the ship or vessel requiring a colonial register and that such ship or vessel has proper anchors and chains, canvas sails, her bottom sheathed with metal, and that her master is a British subject or a person conversant with the English language. VIII. And be it further enacted and ordained, that a fee of 25 dollars be paid on the granting of the Harbour Master's certificate, and that on the issue of every colonial register a further fee of 25 dollars shall be paid to the Colonial Secretary, and that these two sums shall include all charges necessary for the issue of a colonial register. IX. And be it further enacted and ordained, that upon any change of ownership in any colonial ship or vessel registered under this Ordinance, such change as aforesaid shall be endorsed upon her register under the hand of the Governor, Lieutenant-Governor, or officer administering the Government, upon the payment of a fee of 25 dollars to the Colonial Secretary, the requisite declaration of ownership and bond hereinbefore in this Ordinance mentioned and directed being first duly made and executed: provided always, that any change of master be endorsed upon the register by the Colonial Secretary, and that a fee of 5 dollars be charged for the said endorse ment. X. And be it further enacted and ordained, that any colonial register granted under this Ordinance shall be in force and effect for one year from the date of such register and no longer, and that such register be renewable by endorsement on the same, under the hand of the Governor, Lieutenant-Governor, or officer administering the Government, on the payment of a fee of 10 dollars, provided always that such register be deposited in the office of the Colonial Secretary one week before the expiration of the year for which the register has been granted, or if the registered ship or vessel be at sea, then on her return to the waters of the colony. XI. And be it further enacted and ordained, that any infringement of the provisions of this Ordinance shall render the colonial register ipso facto void, and shall render the ship or vessel sailing under such register forfeit to the Crown, in addition to the penalty of the bonds hereinbefore set forth. XII. And be it further enacted and ordained, that all fees payable or penalties imposed under this Ordinance shall be paid into the Colonial Treasury, and shall be recoverable in a summary manner before any magistrate or justice of the peace. XIII. And be it further enacted and ordained, that nothing in this Ordinance contained shall be held to annul or interfere with the registration of boats as established under Ordinance No. 7 of 1816. JOHN BOWRING. Passed the Legislative Council of Hong Kong, this 3rd day of March, 1855. L. D'ALMADA E CASTRO, Clerk of Councils. NOTIFICATION, relative to the Cession of Property by Chinese to British Subjects in China.-Hong Kong, March 10, 1856. Superintendency of Trade, Victoria. A QUESTION having arisen as to the law by which contracts entered into with Her Majesty's subjects on Chinese territory by Chinese subjects for the cession of property in China, should be regulated, the matter has been referred by the Earl of Clarendon to the Law Officers of the Crown, whose opinion is as follows: "We are of opinion that British tribunals and judicial authorities in China are bound to observe the rules and principles of public or international law, as they are settled and received by the common consent of European nations. "We do not concur in the conclusion of the Acting AttorneyGeneral, that the Chinese are to be considered as beyond the pale of civilized nations. "In all questions that may come before any British tribunal in China relating to the ownership or occupation of houses or lands, lying within the dominions of the Emperor of China, the law and custom of China, if they can be ascertained, must govern the decision, unless by the terms of the contract the law or usage of some other country be imported into it; and if in any such case the Chinese law cannot be ascertained, the decision must be governed by the principles of natural justice. There is no pretence for the introduction of the English law of real property. "It is a universal principle of law in Europe, that in all questions respecting immovable property, the lex loci rei site prevails; and we think it both right and useful that the same rule should be acted on in the administration of justice in China." (By order) G. W. CAINE, in the absence of the Officiating BRITISH ORDINANCE, " to explain the Law as to Removals of Prisoners," Offenders against the Treaties, &c. with China. -Hong Kong, May 29, 1856. [19 Vict. No. 2, of 1856.] BE it enacted and ordained, by his Excellency the Governor of Hong Kong and Chief Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council of Hong Kong, in manner following: I. The Chief Superintendent or Consul within whose jurisdiction any party charged with having committed an offence in any Consular district in China against the Treaties, Rules, or Regulations, to which the Order of Her Majesty in Council, dated the 13th day of June, 1853,* refers, and further charged with having escaped or departed out of the said last-mentioned district, shall happen to be found, may lawfully, if the said Chief Superintendent or Consul shall think fit, cause the said party to be removed to the Consular district out of which he shall have so escaped or departed. II. All removals whatsoever of prisoners or parties from or to any port in China under any Act of Parliament or Order in Council, or under this or any other Ordinance, shall be effected, and the respective expenses thereof shall be defrayed in like manner as, by Articles XX, XXI, XXII and XXIII, of the said Order in Council of the 13th day of June, 1853, is provided with respect to the embarking, conveying, delivering, commitment, and expenses of persons deported under the authority of the said Articles respectively, so far as the provisions thereof respectively shall be found applicable to the circumstances of each particular case. JOHN BOWRING. Passed the Legislative Council of Hong Kong, this 29th day of May, 1856. L. D'ALMADA E CASTRO, Clerk of Councils. BRITISH ORDINANCE, "to explain certain Enactments relating to Shipping," belonging to Chinese Residents at Hong Kong.-Hong Kong, May 29, 1856. [19 Vict. No. 9, of 1856.] WHEREAS by "The Merchant Shipping Act, 1854," and "The Chinese Passengers Act, 1855," the power to amend the said Acts, in their application to this colony is, under certain conditions, reserved to this Legislature, and it is desirable to exercise the aforesaid power in manner hereinafter appearing: be it enacted and ordained by his Excellency the Governor of Hong Kong, with the advice of the Legislative Council thereof, as follows: I. The British flag may be lawfully used by any Chinese resident * Vol. XLII. Page 254. |