43
CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.
mitted within the district of such 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.
under Foreign
(iii.) The foregoing provisions of this Article shall be deemed to be Adaptations adaptations for the purposes of this Order, and of "The Foreign Juris- Jurisdiction diction 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.
Act.
Offenders Act,
Powers of
8. "The Fugitive Offenders Act, 1881," shall apply, in relation to Fugitive 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 HM, Minister, 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.
to be taken.
9.--Judicial notice shall be taken of the China and Japan Orders in Judicial notice Council and of this Order, and of the commencement thereof, and of the appointment of Consuls or other officers, and of the constitution and limits of the Consular Courts and districts, and 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.
Provisions of
The provisions of "The Evidence Act, 1851" (14 and 15 Vict., Evidence Act, cap. 99), sections 7 and 11, relating to the proof of judicial and other 1851, to apply. 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 When to come into operation, 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 Publication, manner, and priuted 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 and the Right Honour- able the Earl of Derby, two 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.
NOTIFICATION RESPECTING THE OPERATION OF THE CHINA, JAPAN, AND COREA ORDER IN COUNCIL OF 26TH JUNE, 1884.
Whereas by the China, Japan, and Corea Order in Council, 1884, it is provided that the said Order in Council 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 the said Order, directs.