Directory_and_Chronicle_1885 — Page 740

40c

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884.

difficulty occurs in the application of any such act, order, form, regulation, or procedure, it shall be lawful for a Secretary of State to direct by and to whom and in what manner anything to be done under such act, order, or regulation, is to be done, and such act or order shall, in its application to matters arising under the China and Japan Orders in Council, or this Order be construed accordingly.

and manslaught

7.—(1) In cases of murder or manslaughter, if either the death or Jurisdiction in the criminal act which wholly or partly caused the death, happened within case of murder the jurisdiction of a Court acting under the China and Japan Orders in Council or this Order, such Court shall have the like jurisdiction over any person being a 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 Crimes on the

bigh road. 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 jurisdiction as if the crime had been com- mitted within the district of such Court. 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.

under Forsiga

(iii) The foregoing provisions of this Article shall be deemed to be adaptations adaptations for the purposes of this Order, and of “The Foreign Juris- Jurisdiction diction Act, 1878," of the following enactments described in the first Act. 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.

And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to China, Japan, and Corea.

8.- The Fugitive Offenders Act, 1881," shall apply, in relation to Fugitive British subjects, to China, Japan, and Corea respectively, as if such Offenders Act, countries were British possessions, and for the purposes of Part II. of the said Act and of this Article, China, Japan, and Corea shall be deemed to Power of be one group of British possessions, and Her Majesty's Minister for China, Japan, or Corea (as the case may be), shall have the powers of a Governor or Superior Court of a British possession.

H. M. Minister.

to be taken.

9. Judicial notice shall be taken of the China and Japan Orders in Judicial notice Council and of this Order, and of the commencement thereof, and of the appointment of Consuls or other officers, and of the constitution and limits of the Consular Courts and districts, and of Consular seals and signatures, and of any Rules or Regulations made or in force under the China and Japan Orders in Council or this Order, and no proof shall be required of any of such matters.

Evidence Act,

The provisions of "The Evidence Act, 1851" (14 and 15 Vict., Provisions of cap. 99), sections 7 and 11, relating to the proof of judicial and other 1861, to apply. documents, shall extend and be applied for all purposes as if the Courts, districts, and places to which the China and Japan Orders in Council or this Order applies were in a British Colony.

10.—This Order shall come into operation at such time or times in When to come China, Japan, and Corea respectively as a Secretary of State, by a notice into operation. published in the London Gazette at or after the time of the publication therein of this Order, directs.