Backing of warrant er Order.
urisdiction at Macao.
Abolition of jurisdiction Court in Chins and Гаран
Order and Ordinances repealed.
Saving for pending proceedings.
28
ORDER IN COUNCIL.
intending plaintiff or prosecutor to the intended defendant one month at least before the commencement of the suit or proceeding, nor unless it is commenced within three months next after the act or omission complained of, or, in case of a continuation of damages, within three months next after the doing of such damage has ceased.
The plaintiff in any such suit shall not succeed if tender of sufficient amends is made by the defendant before the commencement thereof; and if no tender is made, the defendant may, by leave of the Court, at any time pay into Court such sum of money as he thinks fit, whereupon such proceeding and order shall be had and made in and by the Court as may be had and made on the payment of money
into Court in an ordinary suit.
XX. HONGKONG.
158. Where a warrant or order of arrest issued by any of Her Majesty's Courts in China or Japan for the apprehension of a British subject, who is charged with having committed a crime or offence within the jurisdiction of the Court issuing the warrant or order: and who is or is supposed to be in Hongkong, and the warrant or order is produced to any of Her Majesty's Justices of the Peace in and for Hongkong, such Justice may back the warrant order, and the same when so backed shall be sufficient authority to the person to whom the warrant or order was originally directed, and also to any constable or other peace officer in and for Hongkong, to apprehend the accused in Hongkong, and to carry him to and deliver him up within the jurisdiction of the Court issuing the warrant or order, according to the warrant or order.
159. The Supreme Court of Hongkong may take cognizance of offences committed by British subjects within the peninsula of Macao, and of suits originating there, when the party offending or the party sued comes or is found within the jurisdiction of that Court; but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula.
160. Save as expressly provided by this order, all jurisdiction, power, and authority of the Supreme Court of Hongkong exerciseable in relation to British subjects resident in or resorting to China or Japan, shall, from the commencement of this Order, absolutely cease. XXI. REPEALS.
161. From and immediately after the commencement of this Order, the orders in Council or any Consular Ordinances described in the Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made or thing done, or right, title, obligation, or liability acquired or accrued thereunder before the commencement of this Order.
XXII. PENding ProceEDINGS.
162. Nothing in this Order, or in any Rules made under it, shall apply to or in any manner affect any suit or proceeding, either of a civil or of a criminal nature pen ding at the commencement of this Order, either with reference to the original proceedings therein or with reference to any appeal therein, or otherwise, subject nevertheless, to the following provisions and qualifications:-
(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commencement of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order, are hereby transferred to the jurisdiction of the Supreme
1
!
No comments yet.
Private notes are available after approval.