Directory_and_Chronicle_1868 — Page 286

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H. B. M. SUBJECTS IN CHINA AND JAPAN.

The term "British vessel" includes every vessel being a British ship within the meaning of The Merchant Shipping Act, 1854, or any other Act of Parliament for the time being in force for the regulation of merchant shipping, and any vessel owned wholly or in part by any person entitled to be the owner of a British ship in the sense aforesaid,—and any vessel provided with sailing-letters from the Governor or Officer administering the Government of Hongkong, or from the Chief Superintendent of Trade:

The term "Treaty" includes Convention and any Agreement, Regulations, Rules, Articles, Tariff, or other instrument an- nexed to a Treaty or agreed on in pursuance of any stipu lation thereof:

The term mouth" means calendar month:

Words importing the plural or the singular may be construed as referring to one person or thing, or more than one person or thing, and words importing the masculine as referring to females (as the case may require).

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3. The provisions of this Order relating to British subjects apply to British subjects. all subjects of Her Majesty, whether by birth or by naturalization.

The provisions of this Order relating to foreigners apply to sub- Foreigners. jects of the Emperor of China and of the Tycoon of Japan respectively and subjects or citizens of any State other than China or Japan (not being enemies of Her Majesty).

II. GENERAL PROVISIONS RESPECTING HER MAJESTY'S JURISDICTION.

exercised according

4. All Her Majesty's jurisdiction exerciscable in China or in Her Majesty's Japan for the judicial hearing and determination of matters in difference jurisdictions to be between British subjects, or between foreigners and British subjects,—or to this Order. for the administration or control of the property or persons of British subjects, or for the repression or punishment of crimes or offences com- mitted by British subjects,--or for the maintenance of order among Bri- tish subjects, shall be exercised under and according to the provisious of this Order, and not otherwise.

administered

5. Subject to the other provisions of this Order, the civil and cri- Law of England to be minal jurisdiction aforesaid shall, as far as circumstances admit, be exercised upon the principles of and in conformity with the Common Law, the Rules of Equity, the Statute Law, and other Law for the time being in force in and for England, and with the powers vested in and accord- ing to the course of procedure and practice observed by and before Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions and authorities.

6. Except as to offences made or declared such by this Order, or by What to be deemed any Regulation or Rule made under it.—

Any act other than an act that would by a Court or Justice having criminal jurisdiction in England be deemed a crime or offence making the person doing such act liable to punishment in England shall not, in the exercise of criminal jurisdiction under this Order, be deemed a crime or offence making the person doing such act liable to punishment.

III. CONSTITUTION OF HER MAJESTY'S COURTS.

1.-The Supreme Court at Shanghai.

erinunal acta.

7. There shall be a Court styled Her Britannic Majesty's Supreme style and seat of Court for China and Japan.

The Supreme Court shall have a scal bearing its style and such

Supreme Court,

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Page 286 Page 286

Page 286 Page 286