THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
931
7. (1.) In cases of murder or manslaughter. if either the death or the criminal act which wholly or partly caused the death, happened within the jurisdiction of a Court acting under the China and Japan Orders in Council or this Order, such Court shall have the like jurisdiction over any person, being a British subject, who is charged either as the principal offender or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both such criminal act and the death had happened within such jurisdiction.
(2.) In the case of any crime committed on the high seas, or within the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been committed within the district of sucli Court. In cases tried under this Article, no different sentence can be passed from the sentence which could be passed in England if the crime were tried there.
(3.) The foregoing provisions of this Article shall be deemed to be adaptations for the purposes of this Order, and of The Foreign Jurisdiction Act, 1878," of the following enactments described in the first schedule to that Act (that is to say):-
LA
The Admiralty Offences (Colonial) Act, 1849."
The Admiralty Offences (Colonial) Act, 1860." "The Merchant Shipping Act, 1867," section 11.
And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to China, Japan, and Corea.
Q
9. "The Fugitive Offenders Act, 1881," shall apply, in relation to British subjects, to China, Japan, and Corea respectively, as if such countries were British possessions, and for the purposes of Part II of the said Act and of this Article, China, Japan, and Corea shall be deemed to be one group of British possessions, and Her Majesty's Minister for China, Japan, or Corea (as the case may be), shall have the powers of a Governor or Superior Court of a British possession.
9. Judicial notice shall be taken of the China and Japan Orders in Council and of this Urder, and of the commencement thereof, and of the appointment of Consuls or other officers, and of the constitu- tion and limits of the Consular Courts and districts, and of Consular seals and signatures, and of any Rules or Regulations made or in force under the China and Japan Orders in Council or this Order, and no proof shall be required of any of such inatters.
W
The provisions of The Evidence Act, 1851" (14 & 15 Viet. cap. 99), sections 7 and 11, relating to the proof of Judicial and other documents, shall extend and be applied for all purposes as if the Courts, districts, and places to which the China and Japan Orders in Council or this Order applies were in a British Colony.
10. This Order shall come into operation at such time or times in China, Japan, and Corea respectively as a Secretary of State, by a notice published in the London Gazette" at or after the time of the publication therein of this Order, directs.
11. This Order shall be published in China. Japan, and Corea in such manner, and printed copies thereof shall be kept for sale at the Consular Courts there at such prices as a Secretary of State from
time to time directs.
And the Right Honourable the Earl Granville, one of Her Majesty's Principal Secretaries of State, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein as to them may respectively appertain.
C. L. PEEL.
W
AT THE COURT AT WINDSOR,
The 26th day of June, 1884.
PRESENT,
THE QUEEN'S MOST EXCELLENT MAJESTY
LORD PRESIDENT
LORD STEWARD
SECRETARY SIR WILLIAM VERNON HARCOURT
MR. GLADSTONE .
HEREAS Her Majesty the Queen has power and jurisdiction within the dominions of the Kings of Siam and the territories of Chiengmai, Lakon, and Lampoonchi, belonging to Siam: NOW, THEREFORE, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and the Act of the Session of the 20th and 21st of Her Majesty, cap. 75, and otherwise in her vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered as follows:-
1. This Order may be cited as the "Siam Order in Council, 1884.”