CO129-486 - Public Offices - 1924 — Page 154

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157.—(1) Every person doing an act or taking a proceeding in the Court shall do so in his own name and not otherwise, and either-

(a) By himself; or

(b) By a legal practitioner who, if a British subject, is entered on a roll of such practitioners kept by the Supreme Court, or, if not a British subject, is authorized by the Court to appear in the case; or (c) By his attorney or agent thereunto lawfully authorized

in writing and approved by the Court.

(2) Where the act is done or proceeding taken by an attorney or by an agent (other than a legal practitioner), the power of attorney, or instrument authorizing the agent, or an authent icated copy thereof, shall be first filed in the Court.

(3) Where the authority has reference only to the particular proceeding, the original document shall be filed.

(4) Where the authority is general, or has reference to other matters in which the attorney or agent is empowered to act, an authenticated copy of the document may be filed.

(5) Any person doing any act or taking any proceeding in the Court in the name or on behalf of another person, not being lawfully authorised thereunto, and knowing himself not to be so authorized, is guilty of a contempt of Court.

158.—(1) In any case, criminal or civil, and at any stage thereof, the Court, either of its own motion or on the application of any party, may summon a British subject to attend to give evidence, or to produce documents, or to be examined but a Provincial Court shall have power to summon British subjects in its own district only.

(2) If the person summoned, having reasonable notice of the time and place at which he is required to attend, and (in civil cases) his reasonable expenses having been paid or tendered, fails to attend and be sworn, and give evidence, or produce documents or submit to examination accordingly, and does not excuse his failure to the satisfaction of the Court, he shall be guilty of an offence against this Order.

(3) Persons of Chinese or other Asiatic origin or nationality shall be deemed to be persons allowed by law to affirm or declare instead of swearing.

(4) Any person appearing before the Court to give evidence in any case, civil or criminal, may be examined or give evidence in the form or with the ceremony that he declares to be binding on his conscience.

159. Whenever under this Order any person is to be taken for trial or imprisonment or by way of deportation or for any other to the Supreme Court or elsewhere in China, or to Hong purpose Kong, England, or elsewhere, the Court or other authority by this Order authorised to cause him to be so taken may for that purpose (if necessary) cause him to be embarked on board one of His Majesty's ships of war, or if there is no such ship availabic,

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then on board any British or other fit ship, at any port or place whether within or beyond the particular jurisdiction or district of that Court or authority, and in order to such embarkment may (if necessary) cause him to be taken, in custody or otherwise by land or by water, from any place to the port or place of embarkment.

The writ, order, or warrant of the Court, by virtue whereof any person is to be so taken, shall be sufficient authority to every constable, officer, or other person acting thereunder, and to the commander or master of any ship of war, or other ship (whether the constable, officer, or other person, or the ship or the com- inander or master thereof, is named therein or not), to receive, detain, take, and deliver up such person, according to the writ, order or warrant.

Where the writ, order, or warrant is executed under the im- mediate direction of the Court or authority issuing it, the writ, order, or warrant shall be delivered to the constable, officer, or other person acting thereunder, and a duplicate thereof shall be delivered to the commander or master of any ship in which the person to whom the writ, order, or warrant relates is embarked. Where the writ, order, or warrant issues from the Supreme Court, and is executed by a Provincial Court, a copy thereof certified under the seal of the Court executing the same shall be delivered to the constable, officer, or other person acting there- under, and to the commander or master of any ship in which the person taken is embarked; and any such copy shall be for all purposes conclusive evidence of the order of which it purports to be a copy.

160. Subject to the other provisions of this Order, all expenses of removal of prisoners and others from or to any place in China or from or to Hong Kong, and the expenses of deportation and of the sending of any person to England, shall be defrayed in such manner as the Secretary of State from time to time directs. Any master of a British ship when required shall be bound to take such persons for a reasonable remuneration, to be deter- mined by a Judge of the Supreme Court, and in case of non- compliance shall be liable to a penalty not exceeding £50.

161. The following Acts, namely:—

The Foreign Tribunals Evidence Act, 1856 (19 & 20 Vict. c. 113);

The Evidence by Commission Act, 1859 (22 Vict. c. 20); The Evidence by Commission Act, 1885 (48 & 49 Vict. c. 74);

or so much thereof as is for the time being in force, are extended

to China, with the adaptation following, namely:

In the said Acts the Supreme Court is substituted for a

Supreme Court in a Colony.

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