TRADING IN CHINA ORDINANCE

TRADING IN CHINA ORDINANCE

ORDINANCE No. 1 of 1846.

Trading an China.

No. IL of 1846.

An Ordinance to amend Ordinance No. 9 pf 1844, entitled, '.1n Or-
dinance to restrain all Persons within the Colony of Honakong from
Trading in the Empire of China to tile Northward of the Thirty-,
second Degree of North Latitude.'

[23rd January, 1846.

No vessel to be
seized at sea at a
greater distance
thanonehandred
miles from the
coast of Ghlna.

Definition of the
term ships or
vessels sailing
under the Brltiah
flag.

Provisions 'to
the sal a of vessels
discharged of
bllla of sale, trans.
tars, or mortgo,

WHEREAS it is expedient that the said Ordinance, No. 9 of 1844, should vle
amended, by declaring that vessels engaged in the traffic thereby
prohibited:
shall not be seized at sea at a greater distance than one hundred miles
from the coast
o;t` China; by defining the meaning of the terms therein used, of 'ships
or vessels sail-
ing under the British flag;' by making further provision for the title to
vessels
engaged in such prohibited trade, in the event of subsequent sales,
transfers, or mort-
gages; and by introducing more specific provisions as to the form of
procedure for the
seizure and sale of vessels contravening the enactments of said Ordinance

1. Be it therefore enacted by His Excellency the Governor of Hongkong,
with
the advice of the Legislative Council thereof, that no vessel shall be
seized or detained
in pursuance of the provisions o£ the said Ordinance, at sea, at a
greater distance than
oxle hundred miles from the coast of China.

2, And bo it further enacted, that the terms '°ships Qr vessels sailing
under tie'
British flag,' used in the said ordinance, shall be held solely to mean
and include
British vessels navigated according to law, or vessels British owned, and
provided *ith~
jailing letters from the Government of Hongkong.

3. And be it enacted, that the power given by the said Ordinance, o£
selling ships
or vessels discharged of bills of sale, transfers, or mortgages; made or
executed under
tie circumstances therein also mentioned, be confined to eases of sale,
transfer, of mort-
gages made or executed after the seizure of such ships or vessels, and to
cases of sales,
transfers, or mortgages made before seizure, if made to transferees or
mortgagees having
notice that such ship or vessel had been employed in trading contrary to
any of the

prohibitions of the said ordinance.;

Provision as to 4. And be it farther enacted and ordained, that no vessel
shall be seized. or
seizure of vessels.
detained under the provisions of the said ordinance, unless the Chief
Superinletflerit
of Trade shall have issued a general or special warrant or order under
his hand and seal.
fox that purpose, which warrant or order shall also direct that such
vessel shall with
reasonable expedition be brought into the harbour of Hongkong, and be
thdr6
detained until further order of the Chief Superintendent aforesaid, or of
the Supreme'
Court of Hongkong.

Penaltiea,how - g, And'be it further enacted, that all penalties and
forfetuieg which mr~ have
recovered.
been heretofore, or may b© hereafter incurred under this or the said
ordinance,' niay'
at
the instance of the Chief Superintendent of Trade be prosecuted, sued
for, and recovered
in the Supreme Court of Ho>igkong, upon information to be filed by Her
Majesty's.
ORDINANCE No. 1 of 1846.

Trading in Chiiaa.

Attorney General for the said Colony; and that the said Court in
pronouncing any
judgment or order imposing any penalty incurred by a violation of the
said ordinance,
shall have power to authorize andrdirect, that if the same be not paid
within one ca.
lendar month from the time of giving or making such judgment or order,
the said
vessel shall be sold by public auction, in whole or part satisfaction of
the said judg-
ment, as far as the proceeds of the said sale may reach.

(Repealed by effect of H. M.'s Order in Council of 3rd March, 1859: See
Gazette

9th July, 1859.]
Title.
Preamble.
No vessel to be seized at sea at a greater distance than one hundred miles from the coast of China.
Definition of the term ships or vessels sailing under the British flag.
Provisions as to the sale of vessels discharged of bills of sale, transfers, or mortgages.
Provision as to seizure of vessels.
Penalties, how recovered. 208

Title.
Preamble.
No vessel to be seized at sea at a greater distance than one hundred miles from the coast of China.
Definition of the term ships or vessels sailing under the British flag.
Provisions as to the sale of vessels discharged of bills of sale, transfers, or mortgages.
Provision as to seizure of vessels.
Penalties, how recovered. 208

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