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for the time being, and with the powers vested in the Courts. of Justice and Justices of the Peace in England, according to their respective jurisdiction and authority.
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(3) In the application of the Perjury Act, 1911 (1 & 2 Geo. V, c. 6), by the Court in the exercise of its criminal juris- diction on the principles of and in conformity with English law for the time being, the words judicial proceeding in the said Act shall be deemed to include a proceeding before a Chinese Court, or a Court in China of any State in amity with His Majesty.
(4) If any person subject to the jurisdiction of the Court does any act in relation to proceedings in a Chinese Court, or before a Chinese judicial officer, or in a Court or before a judicial officer in China of any State in amity with His Majesty, which, if done in the course of, or in relation to, any proceedings in the Court, would have been punishable as an offence, such person shall be guilty of an offence, and shall be liable, on conviction, to such punishment as he would have been liable to if the offence had been committed in the course of, or in relation to, proceedings in the Court.
Local Jurisdiction in Criminal Matters.
40. Every court may cause to be summoned or arrested, and brought before it, any person subject to and being within the limits of its jurisdiction, and accused of having committed an offence cognizable under this Order, and may deal with the accused according to the jurisdiction of the Court and in con- formity with the provisions of this Order.
41. For the purposes of criminal jurisdiction every offence and cause of complaint committed or arising within the limits of this Order shall be deemed to have been committed or to have arisen. either in the place where the same actually was committed or arose, or in any place where the person charged or complained of happens to be at the time of the institution or commencement of the charge or complaint.
42. Where a person accused of an offence escapes or removes from the Consular district within which the offence was com- mitted, and is found within another Consular district. the Court within whose district he is found may proceed in the case to trial and punishment, or to preliminary examination (as the case may require) in like manner as if the offence had been committed in its own district; or may, on the requisition or with the consent of the Court within whose district the offence was committed, send him in custody to that Court, or require him to give security for his surrender to that Court, there to be dealt with according to law.
Where any person is to be so sent in custody, a warrant shall be issued by the Court within whose district he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and
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to carry him to and deliver him up to the Court within whose district the offence was committed, according to the warrant.
43.-(1) In cases of murder or manslaughter, if either the death, or the criminal act which wholly or partly caused the death, happened within the jurisdiction of a Court acting under this Order, that Court shall have the like jurisdiction over any British subject who is accused either as the principal offender, or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both the criminal act and the death had happened within that jurisdiction.
(2) In the case of any offence committed on the high seas, or within the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, the Court shall, subject to the provisions of this Order, have jurisdiction as if the offence had been committed within the jurisdiction of that Court. In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the offence were tried there.
(3) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of the Foreign Jurisdiction Act, 1890, of the following enactments, that is to say :--
The Admiralty Offences (Colonial) Act, 1849 (12 & 13 Vict. c. 96).
The Admiralty Offences (Colonial) Act, 1860 (23 & 24 Vict. c. 88).
The Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), Part XIII.
And those enactments shall apply accordingly and be adminis- tered in China.
Apprehension and Custody of Accused Persons. 44.—(1) Where a person accused of an offence is arrested on a warrant issuing out of any Court, he shall be brought before the Court within forty-eight hours after the arrest, unless in any case circumstances unavoidably prevent his being brought before the Court within that time, which circumstances shall be recorded in the Minutes.
(2) In every case, he shall be brought before the Court as soon as circumstances reasonably admit, and the time and circum- stances shall be recorded in the Minutes.
45.—(1) Where an accused person is in custody, he shall not be remanded at any time for more than seven days, unless circum- stances appear to the Court to make it necessary or proper that he should be remanded for a longer time, which circumstances, and the time of remand, shall be recorded in the Minutes.
(2) In no case shall a remand be for more than fourteen days at one time, unless in case of illness of the accused or other case of necessity.
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