RESTRAINT OF TRADE IN CHINA ORDINANCE

RESTRAINT OF TRADE IN CHINA ORDINANCE

7ltmde to tile
northward of the
'12d degree of
north latitude
td be ttitlawfhl.

convaying
goods ITonc
forbidden limits.
(ire Ordinance
loo. 1 nr' I$48.1

vessels tor,

nnlawtAtl trade.

1.4ndingmoney
to be employed
in-nn1awfttl

trails. Gnnr>in-
teri;fitg agents.

uik~ nianr:er In
unLtwftil trade.
Shipping goods
Re. Navigating
.hip..

ORDINA;1iGL No., 9~ 0F 1$44.

Restraint of Trade in China.

No. 9 of 1844.

An Ordinance to restrain .all persons within the Colony of Hongkong
from trndina in the Empire of China 'CO the northward of the 32d
decree of north latitude.

(16th April, 1844.

WHEREAS 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,
1.1)rpvided by the said treaties for the same.

1. Be it therefore enacted by His Excellency the Governor of Hongkonn,
with
the advice of the Legislative Council thereof, that all trade whatsoever
1?y any person
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.

2. And be it enacted, if any person within the Colony of Hongkong shall
export
or carry, or contract for exporting or carrying, or shall ship or embark,
or contract for
shipping and enlbarl:ing, from, to, or in the lunits aforesaid, any
treasure, hoods, or
i.uerchandizo whatsoever, or shall fit out, man, navigate, equip,
despatch, use, employ,
let,.tal:e to freight, or on biro any vessel, or so contract, in order to
mnbark in the
trade hereby declared unlawful, or shall knowingly, and wilfully lend and
advance, or
become security for, or contract for the lending or becoming security for
the loan o£
money, or effects employed, or to be employed in such trade as aforesaid,
or shall
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
any other manner engage, or contract to engage, directly or indirectly,
therein as a
partner, agent, or otherwise, or shall knowingly and wilfully ship,
tranship, lade,
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 embarlr, 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

If I iqnrlng sltip. 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 ease, the
Penalties Ptr persons so offending, shall forfeit to Her Majesty, Her
Heirs and Successors, a sung
above otfonces.
not exceeding. ten thousand dollars, and in default of payment of such
penalty,
shall be liable to be imprisoned far any term not exceeding two years.

Penalty on
acumen serving
nn bgaTd chips
engaged in
niaawhd trade.

3. And be it enacted, if any person shall enter and embark on board of
any drip
or vessel as petty officer, seaman, marine or- servant or in any other
capacity knowing
-that the weasel 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,
ORDINANCE NO. 9 OF 1844.

Restraint n/' Trade in China.

Her Heirs and Successors a sum not exceeding five hundred dollars, and in
default
of payment, shall be liable to be imprisoned, with or without hard
labour, for any
period not exceeding three months.

4. And be it enacted that 'if any person offending as a petty officer,
seaman,
marine; or servant, against any one 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 sliaQl 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.

5. 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 Hongkong.

$. And be it enacted that it shall be lawful for the Superintendent of
the Trade
of Her Majesty's subjects in Chiiia, so long as such Superintendent shall
also be
Governor of the Colony of Honglmng, but not otherwise, to remit wholly,
or in part,
any penalty or forfeiture provided by this Ordinance, and to award a part
not exceeding
one moiety of ally sum forfeited, by any offender convicted under the
provisions of this
Ordinance, to any persan who shall have given such information or
assistance, its shall
lave led to the conviction of such offender.

7. And be it enacted, that it shall be lawful for the commanders of any
of Her shiltq to ye

seized.

Majesty's ships, or any other officers duly authorized in that behalf to
seize and detain
.ally ship or vessel sailing under the British flag-, the master whereof,
shall appear on
.sufficient grounds to such commander, or other officer, to have offended
against the
provisions of this Ordinance. Provided always that the said 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. [Amended by Ordinance
No. 1 of 1846.]

8, And be it farther 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 beets so unlawfully employed; or within three months from the
time of any
-suit having been commenced against the owner or master thereof, for any
offence

Seamen ,icing
lllfel'llt:ltioil to
be indemnified
and rewarded.

Superintendent
of Trade Gt
control nii '
iweceedings.

snlteclntendent
of 'ISnde to
remit. penultles
and to rewmfrl
Informers and

others, .

SI

hips liellrle. ie be-

,old in satisfaC- .
tion of penalties
notwithstanding'

property ehereiif.
ORDINANCE No. 9 of 1884.

Restraint of Trade in China.

against this Ordinance, or made at any time whatsoever to the knowledge
of the
purchaser with the view to evade the recovery of the penalties herein
provided, shall as.
against the said liability to be sold for the purposes aforesaid, be void
and of none effect.
EA?nended by Ordinance Aro. 1 of 1846.

[Suspended until amendment. sec C. 0. D., No. 58, 20th Noveinber,1844. Repealed
by effect of H.M.'s Order in Council, 3rd March 1859, Goovernment Notification, Gazette
of 9th July, 1859.]
Title.
Preamble.
Trade of the northward of the 32d degree of north latitude to be unlawful.
Conveying goods from forbidden limits [See Ordinance No. 1 of 1846.]
Fitting out vessels for unlawful trade.
Lending money to be employed in unlawful trade. Guaranteeing agents.
Engaging in any manner in unlawful trade. Shipping goods &c. Navigating Ship.
Insuring ship.
Penalties for above offences.
Penalty on seamen serving on board ships engaged in unlawful trade. Seamen giving information to be indemnified and rewarded.
Superintendent of Trade to control all proceedings.
Superintendent of Trade to remit penalties and to reward informers and others.
Ships to be seized.
Ships liable to be sold in satisfaction of penalties notwithstanding any transfer of property therein.
22

Title.
Preamble.
Trade of the northward of the 32d degree of north latitude to be unlawful.
Conveying goods from forbidden limits [See Ordinance No. 1 of 1846.]
Fitting out vessels for unlawful trade.
Lending money to be employed in unlawful trade. Guaranteeing agents.
Engaging in any manner in unlawful trade. Shipping goods &c. Navigating Ship.
Insuring ship.
Penalties for above offences.
Penalty on seamen serving on board ships engaged in unlawful trade. Seamen giving information to be indemnified and rewarded.
Superintendent of Trade to control all proceedings.
Superintendent of Trade to remit penalties and to reward informers and others.
Ships to be seized.
Ships liable to be sold in satisfaction of penalties notwithstanding any transfer of property therein.
22

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1890

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No. 9 of 1844

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