THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
Repeal.
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4. The following parts of the Ottoman Order in Council, 1873, are hereby repealed:
(a.) Article 11.-The last two paragraphs.
(b.) Article 12.-The last paragraph.
(c) Article 13.-The words "and for that purpose shall have the like jurisdiction and authority
as the Assistant Judge."
(d.) Article 93.
(e.) Article 266.--In the first paragraph the words "the Judge of;" and the last paragraph.
Assistant Judge of Supreme Court.
5.-(a.) The Assistant Judge of the Supreme Court shall be, at the time of his appointment, a member of the Bar of England, Scotland, or Ireland, of seven years' standing.
(6.) The Assistant Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Supreme Court as the Judge of the Supreme Court, from time to time, by general order or otherwise, directs.
(c) For that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Judge.
(d. Any party to a civil suit or proceeding, wherein any matter or question is heard and determined by the Assistant Judge, and any party to a criminal proceeding, other than a pro- ceeding by summary trial, wherein any question of law is heard and determined by the Assistant Judge, shall be entitled, as of course, to a re-hearing of the matter or question aforesaid before the Judge, sitting with the Assistant Judge, or, in the unavoidable absence of the Assistant Judge, alone; provided that an application for the re-hearing be made within three days after the day of the decision of the Assistant Judge.
(e.) If, on any such re-hearing, there is a difference of opinion between the age and the Assistant Judge, the opinion of the Judge shall prevail.
Acting Judge or Acting Assistant Judge of Supreme Court.
6. In case of the death or illness, or the absence or intended absence from the district of the Consulate-General of Constantinople, of the Judge or Assistant Judge of the Supreme Court, Her.. Majesty's Ambassador may appoint a fit person to be the Acting Judge, or to be the Acting Assistant Judge, as the case may require; but, unless in any case the Secretary of State otherwise directs, the Assistant Judge, if present, and able to act, shall always be appointed to be the Acting Judge.
Offences on board Ship.
7. Section eleven of the Merchant, Shipping Act, 1867, is hereby extended to the Ottoman dominions, with such adaptations and modifications that the same will, as regards those dominions, read as follows (namely):
If in the Mediterranean Sea, or the Sea of Azof, or if in the Adriatic, Egean, or Black Sea, out of Ottoman waters, a British subject commits an offence on board a British ship, or on board a foreign ship to which he does not belong, the Supreme Court, sitting within the district of the Consulate- General of Constantinople, shall have jurisdiction to hear and determine the case as if the offence had been committed on board a British ship in Ottoman waters; and the Supreme Court may exercise that jurisdiction accordingly if in any case the Court, in its discretion, having regard to all the circumstances, thinks it fit and expedient so to do.
Detention of Ship.
8. Where the Supreme Court issues a summons or warrant against any person on a charge of an offence committed on board of or in relation to a British ship, then, if it appears to the Court that the interests of public justice so require, the Supreme Court may issue a warrant or order for the detention • of the ship, being within the district of the Consulate-General of Constantinople, and may cause the ship to be detained accordingly, until the charge is heard and determined and the order of the Court thereon is fully executed, or for such shorter time as the Court' thinks fit; and the Supreme Court shall have power to make, from time to time, all such orders as appear to it necessary or proper for carrying this provision into effect.
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Offences partly out of Jurisdiction.
9. The Admiralty Offences Colonial Act, 1860, is hereby extended to the Ottoman dominions, with such adaptations and modifications that the same will, as regards those dominions and the jurisdiction of the Court, read as follows (nameley);
Where a person, being feloniously striken, poisoned, or otherwise hurt, in the Ottoman dominions, dies of such stroke, poisoning, or hurt, on the sea, or out of the Ottoman dominions, then every offence committed in respect of any such case, whether amounting to murder or to manslaughter, or to the being accessory before the fact to murder, or after the fact to murder or to manslaughter, may be dealt with, inquired of, tried, determined, and punished in the Ottoman dominions in all respects as if such offence had been wholly committed in the Ottoman dominions.