CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 55

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(unless he has obtained a free pardon), and not being under out- lawry, shall be qualified to serve on a jury.

(2) All persons so qualified shall be liable to serve, except the following —

Persons in His Majesty's Diplomatic, Consular, or other Civil Service, in actual employment;

Officers, clerks, keepers of prisons, messengers, and other persons attached to or in the service of the Court;

Officers and others on full pay in His Majesty's Navy, Army or Air Force, or in actual employment in the service of any Department connected therewith;

Persons holding appointments in the civil, naval, or military service of Egypt;

Clergymen and ministers actually discharging professional duties;

Legal practitioners in actual practice;

Physicians, surgeons, and apothecaries in actual practice; Persons disabled by mental or bodily infirmity ;

(3) A jury shall consist of five jurors.

(4) In civil and in criminal cases the like challenges shall be allowed as in England, with this addition, that in civil caseA each party may challenge three jurors peremptorily.

(5) A jury shall be required to give a unanimous verdict, pro- vided that, with the consent of the parties, the verdict of a majority may be taken in civil cases.

34. (1) An assessor shall be a competent and impartial British subject, of good repute, nominated and summoned by the Court for the purpose of acting as assessor.

(2) In the Supreme Court there may be one assessor or two assessors, as the Court thinks fit.

(3) In a Provincial Court there shall ordinarily be not fewer than two, and not more than four, assessors. Where, however, by reason of local circumstances, the Court is able to obtain the presence of one assessor only, the Court may, if it thinks fit, sit with one assessor only; and where, for like reasons, the Court is not able to obtain the presence of any assessor, the Court may, if it thinks fit, sit without an assessor--the Court, in every case, recording in the Minutes its reason for sitting with one assessor only or without an assessor.

(4) An assessor shall not have any voice in the decision of the Court in any case, civil or criminal; but an assessor dissenting, in a civil case, from any decision of the Court, or, in a criminal case, from any decision of the Court or the conviction or the amount of punishment awarded, may record in the Minutes his dissent, and the grounds thereof, and shall be entitled to receive, without payment, a certified copy of the Minutes.

35. Any person failing to attend as juror or assessor according to a summons shall be deemed guilty of a contempt of Court. and shall be liable to a fine not exceeding ten pounds.

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Part III.-Criminal Matters.

36. (1) Except as regards offences made or declared such by this or any other Order in Council relating to Egypt or by any Rules or Regulations made under any such Order—

Any act that would not by a Court of Justice having criminal jurisdiction in England be deemed an offence in England shall not, in the exercise of criminal jurisdiction under this Order, be deemed an offence, or be the subject of any criminal proceed- ings under this Order.

(2) Subject to the provisions of this Order, criminal jurisdic- tion under this Order shall, so far as circumstances admit, be exercised on the principles of, and in conformity with, English law 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.

(3) In the application of the Perjury Act, 1911, (a) by the Court in the exercise of its criminal jurisdiction, the words judicial proceeding in the said Act shall be deemed to include a proceeding before an Egyptian Court or a Court in Egypt of any State in amity with His Majesty.

37. 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.

38. For the purposes of criminal jurisdiction every offence and cause of complaint committed or arising in Egypt 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 in Egypt where the person charged or complained of happens to be at the time of the institution or commencement of the proceedings against him,

39. 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.

(a) 1-2 G. 5. c. 6.

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