CO129-486 - Public Offices - 1924 — Page 133

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Ship" includes any vessel used in navigation, however propelled, with her tackle, furniture and apparel, and any boat or other craft.

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"

The Treasury means the Commissioners of His C Majesty's Treasury.

Treaty "includes any Convention, Agreement, or Ar- rangement made by or on behalf of His Majesty with any State or Government, whether the Government of China is a party thereto or not.

ment.

Will

means will, codicil, or other testamentary instru-

Expressions used in any rules, regulations, or orders made under this Order shall, unless a contrary intention appears, have the same respective meanings as in this Order.

4. (1) In this Order, unless the contrary intention appears, words importing the masculine gender shall include the feminine, and words in the singular shall include the plural, and words in the plural shall include the singular.

(2) Where this Order confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

(3) Where this Order confers a power, or imposes a duty on or with respect to the holder of an office, as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by, or with respect to, the holder for the time being of the office or the person temporarily acting for the holder.

(4) Where this Order confers a power to make any rules, regulations, or orders, the power shall, unless the contrary inten- tion appears, be construed as including a power, exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, vary, or amend the rules, regulations, or orders.

(5) Where this Order refers to any specified Act or Acts of Parliament, such reference shall, unless a contrary intention appears, be deemed to include any Act or Acts amending or substituted for the same.

(6) This Article shall apply to the construction of any rules, regulations, or orders made under this Order, unless a contrary intention appears.

5. The jurisdiction conferred by this Order extends to the persons and matters following, in so far as. by Treaty, grant, usage, sufferance, or other lawful means His Majesty has juris- diction in relation to such matters and things, that is to say:

(1) British subjects, as herein defined, within the limits

of this Order.

(2) The property and all personal or proprietary rights and liabilities within the said limits of British subjects, whether such subjects are within the said limits of

not.

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(3) Foreigners with respect to whom, and to such extent as, any State, King, Chief, or Government, whose subjects or under whose protection they are, has by any Treaty as herein defined or otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty. Such persons shall, to such extent, be treated as British subjects for the purposes of this Order.

(4) Foreigners, other than those referred to in paragraph (3), in the cases and according to the conditions specified in this Order and not otherwise.

(5) British ships with their boats, and the persons and property on board thereof, or belonging thereto, being within the limits of this Order.

6.-(1) Save as is or may be otherwise provided by Treaty, all His Majesty's jurisdiction exercisable in China for the hearing and determination of criminal or civil matters, or for the maintenance or order, or for the control or administra- tion of persons or property, or in relation thereto, shall be exer- cised under and according to the provisions of this Order, and not otherwise.

(2) Where by agreement among the diplomatic representatives in China of foreign States, Regulations have been or are made, and have been or are published in the same manner as King's Regulations are to be published under this Order, for the estab- lishment, control or procedure of a Court of Consuls, or other like Court, to deal with disputes or suits relating to the property or proceedings of any board, committee, association or other like group of persons which has been appointed for public purposes at any treaty port or foreign settlement or concession in China, and on which other nations besides Great Britain are represented, and such Regulations have been or are approved by the Secre- tary of State, the jurisdiction of the said Court shall not, so far as persons subject to this Order are concerned, be deemed to conflict with this Article, and the Court shall enforce on all persons subject to its jurisdiction the orders and decrees of such Court of Consuls or other like Court.

PART II-CONSTITUTION AND POWERS OF COURTS. (i) Supreme Court.

"

Court styled His Britannic 7.-(1) There shall be a

(in this Order referred to Majesty's Supreme Court for China

2.3 the Supreme Court,' and comprised in the term Court "').

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the

(2) There shall be a Judge, and as many Assistant Judges

of the Supreme Court as may from time to time be required, who shall respectively be appointed by His Majesty by warrant under his Royal sign manual.

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