THE HONGKONG GOVERNMENT GAZETTE, 20TH SEPTEMBER, 1884. 765
(3.) All powers and jurisdiction, whether original, appellate, or auxiliary, which can, under the said Orders, be exercised by the Supreme Court at Shanghai, or any Judge thereof in relation to Japan, or any district thereof, or Provincial Court therein, shall be exercisable in relation to Corea, and any district or Provincial Court therein.
5. The powers and jurisdiction exercisable under this Order, under the said Orders in Council, ast applied to Corea, shall, in relation to Corea, be exercised subject to the provisions of the Treaty dated the 26th November, 1883, between Her Majesty and the King of Corea, and to the Regulations and Protocol appended to the said Treaty, and to the provisions of any other Treaty for the time being in force between Her Majesty and the King of Corea, and the provisions of the said Treaty, Regula- tions, and Protocol shall have effect as if incorporated in this Order.
6. Where, by virtue of any Imperial Act, or of any of the China and Japan Orders in Council, or this Order, or otherwise, any provisions of any Imperial Acts, or of any Orders in Council other than this Order, are applicable in China, Japan, or Corea, or any forms, Regulations, or procedure prescribed or established by or under any such Order or Act, in relation to any matter, are made applicable for any purpose of any of the China or Japan Orders in Council, or of this Order, such Acts, Orders, forms, Regulations, or procedure shall be deemed applicable, so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and for the purpose of facilitating their application, they may be construed, or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority may be done by or to a Court, Judge, officer, or authority having the like or analogous functions; and the seal of the Consular Court may be substituted for any seal required by any such Act, Order, form, Regulation, or procedure, and in case any difficulty occurs in the application of any such Act, Order, form, Regulation, or Procedure, it shall be lawful for a Secretary of State to direct by and to whom and in what manner anything to be done under such Act, Order, or Regulation, is to be done, and such Act or Order shall, in its application to matters arising under the China and Japan Orders in Council, ́. or this Order be construed accordingly.
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 such Court. In cases tried under this Article no different sentence can be passed from the scntence 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):
"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.
8. "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 Order, 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 matters.
The provisions of "The Evidence Act, 1851" (14 & 15 Vict., cap. 99), sections 7 and 11, relat- ing 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.