THE HONGKONG GOVERNMENT GAZETTE, 8TH SEPTEMBER, 1894.
Art. III-In the Higher Prize Court one President and cight Councillors shall be appointed. The President shall be a Privy Councillor.
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Of the Councillors one shall be a Privy Councillor, two Admirals, three Judges of the Supreme Court, one the Head of the Legislative Bureau, and one the Head of the Political Bureau of the Foreign Department.
Art. IV. The Presidents of the Prize Court and of the Higher Prize Court shall respectively superintend the affairs of the courts and personally preside over the Examinations. When incapacitated from the discharge of their official duties they shall appoint Councillors of the respective offices to take their places.
Art. V.-Two Prosecutors shall be appointed in both the Prize Court and the Higher Prize Court.
The Prosecutors of the Prize Court shall be Public Prosecutors and those of the Higher Prize Court shall be Higher Executive officials.
Art. VI.-The Presidents, Councillors, and Prosecutors of the Prize Court and the Higher Prize Court shall be appointed by the Minister President of State with the sanction of the Emperor.
Art. VII.-Clerks shall be appointed in the Prize Court and the Higher Prize Court. Clerks shall be of hannin rank and shall be appointed by the respective Presidents.
Art. VIII.-For the judgment of the Prize Court the joint deliberation of not less than five members, of whom the President shall be one, shall be required, while for that of the Higher Prize Court that of the President and not less than six of the Councillors shall be required.
Art. IX.-The opening and the closing of the Prize Court shall be determined by express Imperial Ordinances. The Higher Prize Court shall be established in Tokyo, while the situation of the Prize Court shall be determined by Imperial Ordinance.
CHAPTER II.-PROCEEDINGS OF THE EXAMINATION OF PRIZES OF War.
Art. X. The commander of a war-ship that has captured a prize shall take the captured vessel to the harbour where the Prize Court is situated, or shall make one of his officers take charge of the prize and take it to that harbour, where a written statement bearing on the case shall be forwarded at once to the Court.
In the written statement the cause of the capture and any other facts tending to legalize the proceeding shall be set forth, and it shall be accompanied by all the books and papers received from the captain or crew of or found on board the captured ship.
Art. XI.-When the President of the Prize Court has received the written statement described in the preceding article, one of the Councillors shall be appointed to take charge of the particular
case.
The Judge commissioned to take charge of the particular case shall proceed at once to open the documents in the presence of the commander or prize master and the captain of the captured vessel
and make a list of them.
Art. XII.-The Councillor commissioned to take charge of the particular case shall proceed to hear the statements which the captain and the crew of the captured ship have to make, and, when thought necessary, the statements of the crew of the vessel that has effected the capture and those of the passengers of the captured ship. Notes of these statements shall be made by the clerks.
Art. XIII.-The Councillor in charge shall, after the examination of facts deemed necessary for determining whether the whole or part of the capture shall constitute a prize or be released, draw up a written report and forward the same to the Procurator of the Court together with the report and accompanying papers mentioned in Art. 10.
Art. XIV.The Procurator shall draw up a memorial in respect to the examination and lay the same before the Prize Court together with all the documents forwarded to him.
The Procurator may designate those points of facts which are deemed necessary for drawing up his memorial and ask the Councillor in charge to make a special investigation thereof.
Art. XV.-In case the Prosecutor urges in his memorial the instant liberation of the capture, and in case this is deemed proper by the Prize Court, the Court shall draw up a decision for instant liberation, and shall forward it to the Prosecutor.