IV. And be it enacted, that if any person offending as a petty officer, seaman, marine, or servant, against any of the provisions of this ordinance, shall, within one year after the offence, give information on oath before a competent magistrate, against any person whatsoever who shall have committed any offence against this ordinance, and shall give evidence on oath against him before any magistrate or court before whom such offender shall be tried, or if such petty officer, seaman, marine, or servant so offending, shall give information so that such offender shall be convicted, then and in such case such informer shall receive such part of any forfeited sum of money as is hereinafter provided, and shall not be liable to any of the pains or forfeitures provided by this ordinance.

V. And be it enacted, that the Superintendent of the Trade of Her Majesty's subjects in China, and no other person whatsoever, unless duly authorized by him, shall commence, institute and conduct all proceedings for any offence against this ordinance, which may be taken in Her Majesty's Courts in China.

VI. And be it enacted, that it shall be lawful for the Superintendent of the Trade of Her Majesty's subjects in China to remit wholly or in part any penalty or forfeiture provided by this ordinance, and to award a part not exceeding one moiety of any sum forfeited by any offender convicted under the provisions of this ordinance, to any person who shall have given such information or assistance as shall have led to the conviction of such offender. VII. And be it enacted, that it shall be lawful for any of Her Majesty's Consuls in China, or the Commanders of any of Her Majesty's ships within 100 miles from the coast of China, or any other officers duly authorised in that behalf, to seize and send for adjudication to Hong Kong any ship or vessel sailing under the British flag, the master whereof shall appear on sufficient grounds to such Consul, Commander, or other officer, to have offended against the provisions of this ordinance: provided always, that the said Consuls, Commanders of Her Majesty's ships, and others, shall be specially instructed and authorized by the Superintendent of Trade aforesaid so to do, and that nothing herein contained shall be construed to give such power as aforesaid, without the said special instructions and authorization of the said Superintendent of Trade.

VIII. And be it further enacted, that all ships or vessels sailing under the British flag, which shall have been employed in any way so as to offend against the provisions of this ordinance, shall, together with their cargoes, be liable to be seized, and sold to satisfy any penalty incurred by such employment, and that all bills of sale, mortgages, and other transfers of property therein, made within three months after such vessel shall have been so unlawfully employed, or within three months from the time of any suit having commenced against the owner or master thereof, for any offence against this ordinance, or made at any time whatsoever to the knowledge of the purchaser, with the view to evade recovery of the penalties herein provided, shall, against the said liability to be sold for the purposes aforesaid, be void and of none effect.

IX. And be it enacted, that wherever this or any other ordinance, in describing or referring to the offence or the subject matter on or with respect to which it shall be committed, or the offender or the party affected with the offence, hath used or shall use words importing the singular number or the masculine gender only, yet the ordinance shall be understood to include. several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the context repugnant to such construction.

HENRY POTTINGER, Superintendent of Trade, &c. Passed the Legislative Council, the 20th day of March,

1844.

RICHARD BURGASS, Clerk of the Legislative Council.

BRITISH ORDINANCE, "to carry into effect the Treaties between Great Britain and China, and to indemnify Her Majesty's Consuls and all other persons in China who may have hitherto assisted therein." Hong Kong, April 10, 1844.

Anno 6 & 7 Victoria Reginæ.-No. 5 of 1844. WHEREAS by the Treaties made and concluded between the respective empires of China and Great Britain (parts whereof

are set forth in the schedule to this ordinance annexed), certain provisions are made to regulate the intercourse between the two nations: and whereas for the preservation of peace and amity, and the due observance of the said Treaties, it is expedient to punish offenders against the provisions thereof:

I. Be it therefore enacted by his Excellency the Governor of Hong Kong and Superintendent of the Trade of Her Majesty's subjects in China, with the advice of the Legislative Council of Hong Kong, that the parts of the said Treaties aforesaid shall be deemed and taken to be ordinances for Her Majesty's subjects within the dominions of the Emperor of China, or within any ship or vessel at a distance of not more than 100 miles from the coast of China, and shall have the same force and effect as if each and every part thereof had been severally enacted herein, and due obedience enjoined thereto.

II. And be it enacted, that the said Superintendent of Trade, and Her Majesty's Consuls in China, shall have full power and authority to enfore the due observance of the said Treaties, according to the provisions contained therein, and shall and may inflict all fines and penalties provided thereby in a summary manner, and shall have full power to levy the same by distress, and sale of the goods and chattels of any offender, or of the ship, its cargo and furniture, the owner, master, or any one or more of the crew whereof shall offend against the provisions of the said Treaties; and, in default of payment of any penalty, to commit any offender to prison for any time not exceeding four calendar months, or until the said penalty shall be paid.

III. And it is hereby enacted, that the said Superintendent of Trade and Consuls, in addition to inflicting the said fines or penalties, shall possess full power and authority to arrest and detain all persons offending against the provisions of the said Treaties, and the ships or vessels owned, commanded, or navigated by such persons, and to imprison such persons until they shall find proper security for their good behaviour, or shall demand to be sent to Hong Kong: provided always, in case any such persons or vessels as shall be arrested, detained, or imprisoned by any of Her Majesty's Consuls, that such Consul shall immediately report the same to the said Superintendent of

Trade for his instructions therein, and may at his discretion, and shall, if required by any person or by the master or owner of any vessel so detained, immediately send the said person or vessel in proper custody to Her Majesty's colony of Hong Kong.

IV. And whereas the said Treaties contain certain provisions to be observed by Her Majesty's 'subjects in China, the infringement of which is not punishable by the law of England, or by any penalty mentioned therein: be it therefore enacted, that it shall be lawful for the said Superintendent of Trade, or any of Her Majesty's Consuls in China, to punish in a summary way any infringement of such provisions as herein last aforesaid, by a fine not exceeding 200 dollars, to be imposed and levied in like manner as hereinbefore provided by this ordinance.

V. And whereas, in cases of flagrant offences being committed against the provisions of the said Treaties, it may be expedient to inflict heavier fines or penalties on the offenders than are provided in the said Treaties or elsewhere in this ordinance: be it therefore enacted, that the Superintendent of Her Majesty's Trade in China shall have full power and authority to enforce and inflict in a summary way, double the amount of any fine or penalty which Her Majesty's said Consuls are by the said Treaties or elsewhere by this ordinance authorised to inflict, which said double fines or penalties shall be recovered in like manner as herein before provided by this ordinance, and in default of payment, the offenders in like manner shall be liable to double the term of imprisonment in lieu thereof, or until the same shall be paid.

VI. And it is hereby enacted, that all rules and regulations heretofore made and published by the said Superintendent of Trade, or by any former Superintendent or Superintendents of Trade, for the government of Her Majesty's subjects in China (except such parts thereof as may have been expressly annulled or repealed), shall continue to be in full force and effect; and that the said Consuls shall have full power and authority to enforce the same, and inflict all fines and penalties provided therein in a summary way, and to levy the same in the like manner as hereinbefore mentioned.

VII. And be it enacted, that the said Superintendent of Trade shall have full power to remit all or any part of all fines,

forfeitures, or penalties herein mentioned, and the same shall (except when they are declared payable to the Chinese Government) be paid to Her Majesty, her heirs and successors, for the public purposes of the State and the maintenance thereof.

VIII. And for the protection of Her Majesty's Consuls in China, be it enacted, that when any action shall be brought against any Consul, for any act done in obedience to the said regulations, or to any instructions of the said Superintendent of Trade, such Consul shall not be responsible for any irregularity in the issuing of such regulations or instructions, or for any want of authority in the said Superintendent to issue the same; and such Consul may plead the general issue, and give such regulations or instructions in evidence, and upon producing such regulations or instructions, and proving that they were issued by, or that the act complained of was performed under, the authority, or with the sanction of the said Superintendent of Trade, a verdict shall pass for the said Consul, who shall recover treble his costs of suit.

IX. And for the protection of Commanders of Her Majesty's ships, and others acting at the requisition of the said Superintendent of Trade, or of any of Her Majesty's Consuls in China in enforcing the Treaties aforesaid, be it enacted, that when any action shall be brought against any such Commander or other person, for any act done in conformity to the requisition of the said Superintendent of Trade or of such Consul, such Commander or other person shall not be responsible for any irregularity in the making of such requisition, or for any want of authority in the said Superintendent of Trade or Consul, to perform, or cause to be performed, the object of such requisition, and such Commander or other person may plead the general issue, and give such requisition in evidence, and upon producing such requisition, and proving that it was made by or under the authority of the said Superintendent of Trade or such Consul, or that the act complained of was done with the sanction of the said Superintendent or Consul, a verdict shall pass for such Commander or other person, who shall recover treble his costs of suit.

X. And for the further protection of persons in China, acting in execution of this ordinance, or in carrying into effect