CO129-003 - Foreign Office - 1843 — Page 429

BRITISH ORDER IN OUNCIL, appoint- ing a Court of Justice at Canton, for the trial of Offences committed by British Subjects in China-9th

1833.

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AT THE COURT AT BRIGHTON, THE 9TH DAY OF DECEMBER, 1833,-PRESENT, THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL

WHEREAS, by a certain Act of Parliament

made, and passed in the third and fourth year of His Majesty's reign, intituled An Act to regulate "the Trade to China and India," it is, amongst other things, enacted, that it shall, and may be lawful for His Majesty, by any such Order or Orders as to His Majesty in Council shall appear expedient and salutary, to create a Court of Justice, with Criminal and Admiralty Jurisdiction, for the trial of Offences committed by His Majesty's Sub- jects within the Dominions of the Emperor of China, and the Ports and Havens thereof, and on the High Seas within 100 miles of the Coast of China, and to appoint one of the Superintendents in the said Act mentioned to be the officer to hold such Court, and other officers for executing the process thereof; now, therefore, in pursuance of the said Act, and in execution of the powers there- by in His Majesty in Council in that behalf vested, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, that there shall be a Court of Justice, with Criminal and Admi. ralty Jurisdiction, for the purposes aforesaid, which Court shall be holden at Canton, in the said Dominions, or on board any British Ship or Vessel in the Port or Harbour of Canton, and that the said Court shall be holden by the Chief Superin- tendent for the time being, appointed or to be appointed, by His Majesty under and in pursuance of the said Act of Parliament :

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And it is further ordered, that the practice and proceedings of the said Court upon the trial of all issues of fact or law, to be joined upon any indict- ments or informations to be therein brought or prosecuted, shall be conformable to, and corre- spond with the practice and proceedings of the Courts of Oyer and Terminer and Goal delivery in England, upon the trial of such issues in such Courts, so far as it may be practicable to maintain such conformity and correspondence, regard being had to the difference of local circumstances; and especially it is hereby ordered, that every such issue of fact, or of mixed fact and law, shall be by the said Chief Superintendent for the time being, and a Jury of twelve men,-and that upon every such trial, the examination of witnesses for and against, the party or parties charged shall take place viva voce, in open Court; and that the sen- tence or judgment of the said Court upon every such trial, founded upon the verdict of such jury, shall be pronounced in open Court, by such Chief Superintendent as the presiding Judge thereof.

And, whereas, it will be necessary to frame and prescribe rules of practice and proceeding to be observed upon all such prosecutions, in order to ascertain how far the same can be brought into conformity with the practice and proceeding of His Majesty's Courts of Oyer and Terminer and Goal delivery in England, and how far it may be necessary to deviate from such practice and pro- coeding by reason of the differences of local cir- cumstances-it is, therefore, further ordered, that such Chief Superintendent for the time being, shall be, and he is hereby authorised, from tinic to time, but subject to the provisions aforesaid, to promulgate all such rules and practice and pro- ceeding as it may be necessary to adopt and fol- low, upon, or previously to, the cominitment of any person to take his trial in the said Court, and respecting taking of bail for the appearance of such person at such trial, and respecting the form and manner of preferring and finding indictments, and of exhibiting criminal informations against any persons charged with any crimes or offences before the said Court; and respecting the manner of summoning and convening Jurors for the trial of such indictments, or informations; and respecting qualifications of such Jurors, and the mode of summoning and compelling the attendance of witnesses; and respecting the process of the said Court, and the mode of carrying the same into execution; and respecting the tunes and places of holding such Courts, and the duties of the re- spective Ministerial Officers attending the same, whom he is hereby authorised to appoint provision- ally, subject to His Majesty's approbation; and also respecting every other matter and thing con- nected with the Administration of Justice therein which it may be found necessary to regulate:

And it is further ordered, that all rules so to be promulgated as aforesaid, shall be binding and take effect from the respective days of the dates thereof, but that the same shall, by such Chief Superintendent, be transmitted to one of His Majesty's Principal Secretaries of State, for His Majesty's approbation or disallowance, and that any such rule shall cease to be binding, or to have any force or effect, from and after the time of which his Majesty's disallowance thereof shall be made known to the Chief Superintendent for the time being:

And it is further ordered, that a record shall be duly made and preserved of all the proceed- ings, Judgments and Sentences of the said Court, which record shall be retained in the custody of an Officer of the said Court to be by the Chief Superintendent specially charged with the performance of that duty :

And the Right Honourable Viscount Paliner- ston, one of His Majesty's Principal Secretaries. the necessary directions: of State, is to give in accordingly.

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(True Copy)

C. C. GREVILLE.

RICHARD WOOSNAM

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