1918

THE CHINA AND COREA (AMENDMENT) ORDER
IN COUNCIL, 1909.
Issued October, 1909.
1. This Order may be cited as “The Chii a and Corea (Amendmeut) Order in
Council, 1909,” and shall be read as one with “The China nnd Corea Order in
Council, 1904,” i ereinafter referred to as the “ Principal Order.”
2. In place of that contained in .Article 5 of “The China and Corea (Amend¬
ment) Order in Council, 1907,” the following Article shall take effect instead of
Article 75 of the Principal Order: —
(1.) Every person subject to the criminal jurisdiction of the Court who prints,
publishes, or offers for sale any printed or written newspaper or other publication
containing seditious matter shall be guilty of a grave offence against the Principal
Order, and may, in addition to, or in lieu of, any other punishment, be ordered either
to give security for good behaviour or to be deported.
(2) Where any printed or written newspaper or other publication containing
seditious matter is printed, published, or offered for sale within the limits of the
Principal Order by a Company registered in the United Kingdom or in a British
possession, the Court may, after notice to the Company, and on proof of the facts,
require the Company to give security to abstain from such printing, publishing, or
offering for sale in future. If the Company fail to give security, or if the Company
is shown to have again printed, published, or offered for sale such newspaper or
other publication containing seditious matter after giving such security, the Court
may make an order prohibiting the Company from carrying on business within the
limits of the Order, or may make such other orders as to the Court may seem just.
The Court may also declare all the property of the Company within the limits of the
Order to be forfeited to His Majesty the King, and shall dispose of it, subject to any
general or special directions of the Secretary of State, as it thinks fit.
(3.) Matter calculated to excite tumult or di-order, or to excite enmity between
His Majesty’s subjects and the Government of China, or the Government of Corea,
or the authorities or subjects of any Power in amity with His Majesty, being within
the limits of this Order, or between the Government of China and its subjects or the
Government of Corea and its subjects, shall be deemed to be seditious matter within
the meaning of this Article.
(4.) An offence against this Article shall not be tried except on a charge and by
the Supreme Court.
(5.) Notwithstanding anything contained in the Principal Order, the charge
may, for reasons to be recorded on the minutes, be heard and determined before a
Judge sitting without a jury or assessors.
3. —(1.) The power of His Majesty’s Minister in China to make King’s Regula¬
tions under Article 155 of the Principal Order, or to join with the Ministers of any
foreign Powers in amity with His Majesty in making or adopting municipal Regula¬
tions under Article 156 of the Principal Order, shall extend to making, or joining in
making or adopting, Regulations for the creation, maintenance, discipline, and control
of a police force for any foreign Concession or Settlement in China.
(2.) Such Regulations may provide for the dismissal, fine (not exceeding one
month’s pay), confinement to barracks, reduction in rank, class, or seniority, suspen¬
sion or removal from special duty, of any member of the force by the person for the
time being in command thereof.
(3.) The Minister may also issue to such person a warrant empowering him
■while in command of the force to inflict summary punishment upon members of the
force by imprisonment with hard labour for a period not exceeding filteen days.
Such warrant may be at any time withdrawn.