- 596 THE HONGKONG GOVERNMENT GAZETTE, 14TH DECEMBER, 1878.
Supreme Court for China and Japan.
4.(1.) There shall be a Chief Justice and an Assistant Judge of the Supreme Court for China and Japan.
(2.) The Assistant Judge shall be the Registrar of the Supreme Court; and the office of Law Secretary of the Supreme Court is hereby abolished.
(3.) 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 Chief Justice from time to time by general order, or otherwise, directs; and for that purpose the Assistant Judge shall have all the like jurisdiction, power, and authority as the Chief Justice.
(4.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant Judge shall be entitled, as of course, to a rehearing before the Chief Justice, sitting with the Assistant Judge, or, in the unavoidable absent of the Assistant Judge, alone.
(5.) If, on any such rehearing, there is a difference of opinion between the Chief Justice and the Assistant Judge, the opinion of the Chief Justice shall prevail.
(6.) Throughout the China and Japan Order in Council, 1865, and the Rules made thereunder, the Chief Justice of the Supreme Court shall, as regards China, be deemed to be therein substituted for the Judge of the Supreme Court.
(7.) There shall be attached to the Supreme Court a Chief Clerk, and so many officers and Clerks as the Secretary of State from time to time thinks fit.
Court for Japan.
5.-(1.) There shall be in and for Japan a Court styled HER BRITANNIC MAJESTY'S COURT FOR
JAPAN.
(2.) The Court for Japan shall have a seal, bearing its style and such device as the Secretary of State from time to time directs.
(3.) The Court for Japan shall hold its ordinary sittings at Kanagawa, or, on emergency, at any other place within the district of the Consulate of Kanagawa, but may at any time transfer its ordinary sittings to any place in Japan approved by the Secretary of State or by Her Majesty's Minister in Japan.
(4.) There shall be a Judge and an Assistant Judge of the Court for Japan.
(5.) The Assistant Judge shall hear and determine such causes and matters, civil and criminal, and transact such other part of the business of the Court, as the Judge from time to time by general order, or otherwise, directs; and for that purpose the Assistant Judge shall have all the like jurisdic- tion, power, and authority as the Judge.
(6.) Any party to a suit or proceeding wherein any matter or question is heard and determined by the Assistant Judge shall be entitled, as of course, to a rehearing befor the Judge, sitting with the Assistant Judge, or, in the unavoidable absence of the Assistant Judge, alone.
(7.) If, on any such rehearing, there is a difference of opinion between the Judge and the Assist- ant Judge, the opinion of the Judge shall prevail.
(8.) In Japan, persons accused of crimes which in England are capital shall be tried by the Judge of the Court for Japan, with a jury, and not otherwise.
(9.). There shall be attached to the Court for Japan a Chief Clerk, and so many officers and Clerks as the Secretary of State from time to time thinks fit.
Jurisdiction in Japan.
6.-(1.) Her Majesty's Consul for the district of the Consulate of Kanagawa shall cease to hold and form a Provincial Court.
(2.) Unless and until the Secretary of State otherwise directs, Her Majesty's Consul for the time being for the district of the Consulate of Kanagawa shall be the Assistant Judge of the Court for Japan.
(3.) All Her Majesty's jurisdiction, civil and criminal, exerciseable in Japan shall, for and within the district of the Consulate of Kanagawa, be vested in the Court of Japan as its ordinary original jurisdiction.
(4.) All Her Majesty's jurisdiction, civil and criminal, exerciseable in Japan beyond the district. of the Consulate of Kanagawa, and not under this Order vested in the Court for Japan, shall, to the extent and in the manner provided by the China and Japan Order in Council, 1865, as modified by this Order, be vested in the Provincial Courts in Japan, each for and within its own district.
(5.) The Court for Japan shall have, in all matters, civil and criminal, an extraordinary original jurisdiction throughout Japan, concurrent with the jurisdiction of the several Provincial Courts in Japan, the same to be exercised subject and according to the provisions of the China and Japan Order in Council, 1865, as modified by this Order.
7.-(1.) Subject to the provisions of this Order, the provisions of the China and Japan Order in Council, 1865, and the Rules in force in the Supreme Court and other Courts in China and Japan made under that Order, shall extend and apply to the Court for Japan, as if the same were a Court (not a Provincial Court) established under that Order.