Directory_and_Chronicle_1885 — Page 1016

THE SIAM ORDER IN COUNCIL, 1884.

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Consul-General or a Consul or Vice-Consul, or as can, under the said Orders in Council, or the Foreign Jurisdiction Acts, or any Acts of Parliament relating to Siam or to the Straits Settlements, be exercised at Singapore or elsewhere in the Straits Settlements by the Supreme Court of the Straits Settlements in relation to crimes committed or matters arising in Siam; and a Judge acting in Siam in pursuance of this Article may pass any sentence or give any judgment or make any order which could be passed, given, or made by the said Supreme Court in relation to the same offence or matter, and for the purpose of the 5th section of "The Foreign Jurisdic- tion Act, 1843" (or any enactment for the time being in force amending or sub- stituted for that section) in relation to the execution of sentences, the Colony of the Straits Settlements is hereby appointed as a Colony in which any sentence so passed may be executed.

An Appeal may be brought from a Judgment or Order of a Judge acting under this Article in the like cases and in the like manner (mutatis mutandis) in which an appeal might be brought if such judgment or order were given or made by the Consul-General.

15. Where in pursuance of the IXth Article of the Treaty between Great Britain and Siam, dated the 3rd September, 1883, an appeal is brought to Bangkok from any Siamese Judge or Judges, Commissioner or Commissioners, the Consul General shall take such steps as may be necessary or as may be directed by a Secretary of State in order that the final decision on appeal may be recorded at Bangkok and duly trans- mitted to the Court from which the appeal is brought, and in order that effect may be given thereto by such Court.

16. Where, by virtue of the Siam Orders in Council or otherwise, any Imperial Acts are applicable in Siam, or any forms, regulations, or procedure prescribed or established by or under any such Őrder or Act in relation to any matter ar? made applicable to any other matter, such Acts, forms, regulations, or procedure shall be deemed applicable so far only as the constitution and jurisdiction of the Courts acting under the Orders and the local circumstances permit, and for the purpose of facilita- ting their application they may be construed or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, judge, officer, or authority may be done by or to a Court, judge, officer, or authority having the like or analogous functions; and the seal of the Court may be substituted for any seal required by any such Act, form, regulation, or procedure.

17.—(1.) În 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, such Court shall have the like jurisdiction over any British subject who is charged 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 such criminal act and the death had happened within such jurisdiction.

(ii) In the case of any crime 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, a Court acting under this Order shall have jurisdic- tion as if the crime had been committed within the district of such Court.

(iii.) In cases tried under this Article, no different sentence can be passed from the sentence which could be passed in England if the crime were tried there.

(iv.) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes of this Order and of "The Foreign Jurisdiction Act, 1878," of the following enactments described in the first schedule to that Act (that is to say):

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The Admiralty Offences (Colonial) Act, 1849.”

The Admiralty Offences (Colonial) Act, 1860."

"The Merchant Shipping Act, 1867," section 11.

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And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise) extend to all places to which this Order applies.

18. The Fugitive Offenders Act, 1881," shall, with respect to British subjects, apply to all places to which this Order applies, as if such places were British posses-