BRITISH ORDINANCE, "to amend the Ordinance No. 7 of 1844, intituled 'An Ordinance for the better Administration of Justice in the Consular Courts, and to establish a Registration of British Subjects, within the dominions of the Emperor of China*.'" Hong Kong, July 7, 1845.

Anno 9 Victoria Reginæ.-No. 1 of 1845.

WHEREAS by the said Ordinance No. 7 of 1844, in the 9th section thereof, giving, under certain restrictions, a power to Consuls to deport in the case of a second conviction, it is provided that said convictions shall be "duly confirmed by the Chief Superintendent of British Trade:" and whereas it is expedient that the sentences or judgments of the Consuls in said ordinance mentioned, should not require to be subject to the revision of such Chief Superintendent of Trade, so far as is provided for in and by the said 9th section, and that accordingly the words therein, that is to say, " duly confirmed by the Chief Superintendent of British Trade," should be expunged therefrom:

I. Be it therefore ordained, that the said 9th section of No. 7 of 1844 be, and it is hereby repealed.

II. And in order more effectually to repress crimes and offences on the part of British subjects in the dominions of the Emperor of China, be it hereby further enacted, that it shall and may be lawful for any of Her Majesty's Consuls to cause any British subject who shall have been twice convicted of any crime and offence in the Consular Court under sentence, and who shall not be able to find good and sufficient surety to the satisfaction of Her Majesty's Consul for his future good behaviour, to be sent out of the dominions of the Emperor of China; and to this end any such Consul as aforesaid shall have power and authority, as soon as may be practicable after execution of the sentence on second conviction, or at any time while such sentence is in execution, to send to the colony of Hong Kong any British subject, and to detain in custody any such person until a suitable opportunity for sending him out of the said dominions shall present itself; and any person to be sent out of the said dominions as

* See Page 185.

aforesaid may be embarked on board one of Her Majesty's vessels of war, or if there should be no such vessel of war which can be employed for such purpose, then on board any British vessel bound for Hong Kong, in the same manner as if such person was a distressed British seaman. But in all cases in which a British subject shall have been sent out of the dominions of the Emperor of China as aforesaid, the officer sending him out shall forthwith report his having done so to Her Majesty's Chief Superintendent of Trade; and should any person so sent out of the dominions of the Emperor of China return to the said dominions without the sanction of Her Majesty's Chief Superintendent of Trade or Principal Secretary of State for Foreign Affairs, he shall no longer be entitled to be protected as a British subject in the said dominions. Provided always, that on the arrival of such person at Hong Kong, it shall and may be lawful to and for Her Majesty's Chief Superintendent of Trade, either to confirm the said sentence of deportation, and forward him to England as a distressed British seaman, or to remit him back as such to that part of the said dominions from whence he was so removed or deported.

JOHN FRANCIS DAVIS, Governor, &c. Passed the Legislative Council of Hong Kong, this 7th day of July, 1845.

ADOLPHUS E. SHELLEY, Clerk of Councils.

BRITISH NOTIFICATION, announcing equal toleration by the Chinese Government to Protestants and Papists. Hong Kong, December 23, 1845.

Victoria,

His Excellency Her Majesty's Plenipotentiary, &c., has much satisfaction in giving publicity to the annexed reply from the Chinese Minister to an official note from the Plenipotentiary, in which, with reference to the late edict at Shanghae, equal toleration was claimed for Protestants and Papists. It will be his Excellency's care, by proper instructions to Her Majesty's Consuls at the northern ports, to ensure the due promulgation of the proclamations promised by the Chinese Minister. ADAM W. ELMSLIE.

VOL. VII.

By Order,

(ANNEX.)-Commissioner Keying to Sir John Davis

(Translation.)

Taoukwang, December 20, 1845. KEYING, High Imperial Commissioner, &c., sends the following reply to the Honourable Envoy's despatch concerning equal toleration of the religion professed by the English.

[Here follows an extract of the contents of that despatch.] When I previously concluded the Commercial Treaty with the United States, one of the articles gave permission to erect chapels in the 5 Ports, and all nations were to have the same privilege, without the slightest distinction. Subsequently, the French Envoy, Lagrené, requested that natives, if they were good men, should be entirely exempted from punishment on account of the religion they professed. I, the Great Minister, then again represented this matter to the Throne; upon which the Imperial reply was received that it should be done as proposed, without drawing any distinction between the rites of the several religions.

As, however, some of the local mandarins seized crucifixes, pictures, and images, and burnt them, it was subsequently settled that permission should be given to worship them.

I, the Great Minister, do not understand drawing a line of demarkation between the religious ceremonies of the various nations; but virtuous Chinese shall by no means be punished on account of the religion they hold. No matter whether they worship images or do not worship images, there are no prohibitions against them, if, when practising their creed, they act well.

You, the Honourable Envoy, need, therefore, not be solicitous about this matter; for all western nations shall, in this respect, certainly be treated upon the same footing, and receive the same protection.

I have now addressed a letter to the Lieutenant-Governor of Keangsoo, to direct the Inspector of Soochoo, Sungkeang, Taetseang, to publish another proclamation; and likewise officially requested the Governor-General of Fokeen and Chekeang to issue a distinct declaration of the same tenor in the various ports.*

A Government Notification was published at Hong Kong, 28th February, 1846, announcing that a proclamation for equal toleration to Protestants and Papists, had been published at Amoy and the other ports of trade.

Whilst sending an answer, I wish you much happiness at this season, and send this important paper.

Taoukwang, 25th year, 11th month, 22nd day. (December 20, 1845.)

BRITISH NOTIFICATION, announcing the recognition by the Chinese Government of equal rights of British subjects at Canton and the other four Ports. Victoria, Hong Kong, January 19, 1846.

His Excellency Her Britannic Majesty's Plenipotentiary, &c., is pleased to publish the annexed translation of a proclamation issued by the Chinese Minister at Canton, for the first time thus publicly recognizing the equal rights of British subjects at that city and the other 4 Ports, according to the Treaty, and to the pledge which he gave in July, 1843. It is hardly necessary to observe that the greatest prudence and moderation will for the present be necessary on the part of British subjects at Canton.

(ANNEX.) Proclamation of the Chinese Government at Canton. (Translation.) Taoukwang, January 13, 1846.

KEYING, High Imperial Commissioner and GovernorGeneral of the two Kwang, &c., and Hwang, LieutenantGovernor of Kwantung, &c., hereby proclaim to the entire body of gentry and common people, the manifestation of the Imperial goodness.

Whereas Canton is the general resort of merchants from every country beyond the seas, yet since the accession of the present dynasty, for upwards of 2 centuries foreigners have never entered the city; on which account the British Envoys having year after year repeatedly intimated the desire for admission to the city, we, the Governor-General and LieutenantGovernor, have each time directed the local authorities to urge it upon the gentry and common people; but the popular feeling has proved averse to the measure, so as to cause its execution to be deferred.

Now the English Envoy having reverted to this subject of

the former negotiations, we, the Governor-General and Lieutenant-Governor, addressed our joint admonitions to the gentry, through them to be transmitted to the inhabitants. From the statement under the signature of the said gentry, it appeared that the inhabitants of the city and suburbs displayed equal unwillingness to foreigners entering the city. There were, moreover, inflammatory placards stuck up in all places.

Whereupon we, the Governor-General and LieutenantGovernor, in our reply to the Envoy, minutely detailed the state of affairs. The British Envoy, in his despatch to us, insists that, as at the commercial emporium of Foo-chow, and at all the others, free entrance is permitted into the cities, the same should be allowed at Canton, &c.

Ye gentry and people must consider that since amicable relations are established between the 2 countries, the Emperor extends his kind regards equally towards foreigners and natives. Moreover, at the other ports where trade is carried on, such as Foo-chow, Ningpo, and Shanghae (with the single exception of Amoy, which has neither walled city nor suburbs), the English are admitted within the walls without having given rise to any disturbance. Only at Canton do there exist difficulties, and [the proposal] is objected to.

We can but suppose that you the gentry and people are not conversant with the facts and difficulties of the case; and hence a great variety of public opinions has arisen. But it is likely that there be men fond of disturbance, who make this a pretext for exciting commotions. Wherefore, we now issue this proclamation to the gentry and people, within and without the city, for their information. You must each and all break down the barriers of separation, and set aside jealousies and animosities; no longer, as hitherto, offering vexatious opposition. For the due preservation of harmony, we, the Governor-General and Lieutenant-Governor, in connexion with the English Envoy, will place affairs on a sure, good, and permanent footing. Let all reverently obey, and not oppose this special proclamation.

Taoukwang, 25th year, 12th month, 16th day. (13th January, 1846.)