And whereas there should be within the said Colony a Court which should be called the Supreme Court of Hong Kong, I have not thought it necessary to repeat in these Drafts the 28th Article of the Order in Council, because the Law Officers on Special Service Count of Hong Kong acted accordingly.
And whereas by an Order in Council bearing date the 9th day of March 1839, it was ordered that we should be authorised to make rules in respect of the appeal jurisdiction in the event of any civil suit arising between British Subjects within the settlement of Hong Kong, pursuant to Section 12 of the said Order in Council.
It is hereby provided that in the case of any civil suit arising between British Subjects within the dominions of Japan, it shall be lawful for any party to such suit to apply to the Consul or Commissioner within whose district the party sued shall be found, to hear and determine such suit, subject to an appeal. I mean that the said Order in Council is sufficient as regards the Criminal Jurisdiction, and that a similar procedure should be followed in civil matters.
Sworn to the Court of H.K. But I think it formalised that a special fund should be set up for the Supreme Court of the Colony, appropriate for the Appeal Jurisdiction of Song Kong, and that every such appeal should be made and conducted in the same manner and under the same conditions as are presented by the said Order in Council in cases where the defendant only was a British Subject.
Know ye now that upon consideration of the premises and of our own motion, we have thought fit to direct and ordain, and do hereby direct and ordain, as follows:
If any party to any such suit...