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THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
2. Words in this Order have the same meanings (unless the subject or context otherwise requires) as in the Siam (Foreign Jurisdiction) Order in Council of 1856.
The expression "the Siam Orders in Council, 1856 to 1876," or the expression "the said Orders in Council," means the Siam (Foreign Jurisdiction) Order in Council of 1856, the Orders in Council relating to Siam dated respectively the 12th September. 1863, and the 10th November, 1866, and the Siam (Foreign Jurisdiction) Order in Council of 1876, and the said Orders in Council and this present Order are included in the expression "the Siam Orders in Council."
in the For all the
of the Siam Orders in Council, the expression "Siam," or of any purposes dominions of the Kings of Siam." or any equivalent expression, includes the said territories of Chieng- mai, Lakon, and Lampoonchi.
The expression the Consul-General" means Her Majesty's Consul-General at Bangkok.
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The expression a Secretary of State means one of Her Majesty's Principal Secretaries of State. 3. The Consul-General shall, on receipt of this Order, cause a printed copy thereof to be affixed and publicly exhibited in this Court during one calendar month, and this Order shall come into opera- tion on the expiration of one calendar month from the time when such copy is first so affixed and exhibited, but proof shall not in any proceeding or matter be required that the provisions of this Article have been complied with, nor shall any act or proceeding be invalidated by any failure to comply with any of such provisions.
4. A Consul or Vice-Consul holding Her Majesty's Commission for Siam or any part thereof, or any person acting temporarily with the approval of a Secretary of State, or in case of emergency ap- pointed temporarily by the Consul-General in writing as and for a Consul or Vice-Consul as aforesaid, shall in and for such district as may be assigned by his Commission, or by any direction of a Secretary of State, hold and form a Consular Court hereinafter called a District Court, and shall have a seal bearing the name or description of such district, or of the place at which the Court is held.
Every such District Court shall, subject to the provisions of this Order, have and exercise within its district all the powers and jurisdiction which can be exercised by the Consul-General under the Siam Orders in Council, and the Treaties or Agreements for the time being in force between Great Britain and Siam.
5. An appeal may be brought from a Judgment or Order of a District Court to the Consul- General in the like cases and in the like manner, and subject to the like regulations in, and subject to which an appeal can under the said Orders in Council be brought to the Supreme Court of the Straits Settlements; and for the purposes of this Article the provisions of the said Orders in Council shall have effect as if such District Court were therein mentioned instead of the Consul-General, and as if the Consul-General were therein mentioned instead of the said Supreme Court.
For the purposes of hearing and determining any such appeal the Consul-General may proceed in the same manner and shall have the same powers as if the appeal were an original proceeding instituted. in his Court, and he shall certify his decision to the District Court, which shall give effect thereto.
6. Where an appeal is brought under this Order to the Court of the Consul-General a further appeal shall lie to the Supreme Court of the Straits Settlements in the like cases and manner and on the like grounds and conditions in and on which an appeal can under the said Orders in Council be brought from the Consul-General to the said Supreme Court.
7. In every case in which, under the said Orders in Council, a report of any proceedings, Order, Judgment, or sentence is directed to be made to Her Majesty's Principal Secretary of State for Foreign Affairs, such report, if made by a District Court, shall be transmitted through the Consul-General, who shall transmit therewith his observations and recommendation (if any) in the matter.
8. The power of deportation under the said Orders in Council shall not be exercised by a District Court without the approbation in writing of the Consul-General.
9. Any Rules, Regulations, Rules of Practice, or Tables or Rates of Fees made by a District Court under this Order shall not have any effect unless approved in writing by the Consul-General, and shall also be subject to the provisions of the said Orders in Council with respect to allowance or disallowance by a Secretary of State, in the same cases and manner as Rules or Regulations made by the Consul-General.
10. Every Court acting under the Siam Orders in Council shall have power to rehear civil
any matter, and to review its judgments or Orders in any case in which, in the opinion of the Court, justice so requires, on such terms as to costs and otherwise as the Court thinks just.
11. In any matter in which an appeal lies as of right or otherwise from any Court acting under the Siam Orders in Council to the Supreme Court of the Straits Settlements, it shall be lawful for that Supreme Court, by special leave, to enlarge the time for appealing or to permit an appeal to be brought on such terms as to costs or otherwise as it thinks fit, although the time limited for appeal has elapsed, or any other formal requisite for an appeal has not been complied with.
12. The Governor in Council of the Straits Settlements shall have power, in the name of Her Majesty, to remit in whole or in part any sentence passed by a Court exercising criminal jurisdiction under the Siam Orders in Council, and every such Court shall give effect to any such remission.