THE HONGKONG governMENT GAZETTE, 25тH OCTOBER, 1890.
9. It shall be lawful for Her Majesty the Queen in Council, by Order, to assign to or confer on any court in any British possession, or held under the authority of Her Majesty, any jurisdiction, civil or criminal, original or appellate, which may lawfully by Order in Council be assigned to or conferred on any British court in any foreign country, and to make such provisions and regulations as to Her Majesty in Council seem meet respecting the exercise of the juris liction so assigned or conferred, and respecting the enforcement and execution of the judgments, decrees, orders, and sentences of any such court, and respecting appeals therefrom.
10. It shall be lawful for Her Majesty the Queen in Council to revoke or vary any Order in Council made in pursuance of this Act.
11. Every order in Council made in pursuance of this Act shall be laid before both Houses of Parliament forthwi h after it is made, if Parliament be then in session, and if not, forthwith after the comm rcement of the then next session of Parliament, and shall have effect as if it were enacted in this Act.
12.—(1.) If any Order in Council made in pursuance of this Act as respects any foreign country is in any respect repugnant to the provisions of any Act of Parliament extending to Her Majesty's subjects in that country, or repugnant to any order or re- gulation made under the authority of any such Act of Parliament, or having in that country the force and eff et of any such Act, it shall be read subject to that Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be void.
(2.) An Order in Council made in pursuance of this Act shall not be, or be deemed to have been, void on the ground of repugnancy to the law of England unless it is re- pugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.
any
1073
A.D. 1890,
Power to assign jurisdiction to cases within Foreign Juris.
British courts in
diction Act.
Power to amend
Orders in Council.
Laying before
Parliament, and effect of Orders
in Council.
In what cases void on pag nancy.
Orders in Council
protection of persons acting under Foreign Jurisdiction Acts.
13. (1.) An action, suit, prosecution, or proceeding against any person for any Provisions for act done in pursuance or execution or intended execution of this Act, or of any enact- ment repealed by this Act, or of any Order in Council made under this Act, or of such jurisdiction of Her Majesty as is mentioned in this Act, or in respect of any alleged neglect or default in the execution of this Act, or of any such enactment, Order in Council, or jurisdiction as aforesaid, shall not lie or be instituted-
(a) in any court within Her Majesty's dominions, unless it is commenced within six months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty's dommions within six months after the parties to the action, suit, prosecution, or proceeding have been within the jurisdic- tion of the court in which the same is instituted ; nor
(b.) in any of iler Majesty's courts without Her Majesty's dominions, unless the cause of action arose within the jurisdiction of that court, and the action is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof.
(2.) In any such action, suit, or proceeding, tender of amends before the same was commenced may be pleaded in lieu of or in addition to any other plea. If the action, suit, or proceeding was commenced after such tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after such tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of such tender or payment; but this provision shall not affect costs on any injunction in the action, suit, or proceeding.
ships in certain Eastern seas.
14. It shall be lawful for Her Majesty the Queen in Council to make any law that Jurisdiction over may seem meet for the government of Her Majesty's subjects being in any vessel at a distance of not more than one hundred miles from the coast of China or of Japan, as fully and effectually as any such law inight be made by Her Majesty in Council for the government of Her Majesty's subjects being in China or in Japan.
15. Where any Order in Council made in pursuance of this Act extends to persons enjoying Her Majesty's protection, that expression shall include all subjects of the several princes and states in India.
16. In this Act,-
"
The expression "foreign country means any country or place out of Her
Majesty's dominions:
"
The expression “British court in a foreign country means any British court having jurisdiction out of Her Majesty's dominions in pursuance of an Order in Council whether made un der any Act or otherwise:
The expression jurisdiction" includes power.
Provision as to subjects of Indian
princes.
Definitions.