H. B. M. SUBJECTS IN CHINA AND JAPAN.
3
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 subjects Foreigners. 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
Order.
4. All Her Majesty's jurisdiction exercisable in China or in Japan for Her Majesty's the judicial hearing and determination of matters in difference between jurisdiction to British subjects, or between foreigners and British subjects, or for the according to this administration or control of the property or persons of British subjects,—or for the repression or punishment of crimes or offences committed by British subjects, or for the maintenance of order among British subjects,-shall be exercised under and according to the provisions of this Order, and not otherwise.
1ered.
5. Subject to the other provisions of this Order, the civil and criminal Law of England jurisdiction aforesaid shall, as far as circumstances admit, be exercised to be admiois- 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 according 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 any Regulation or Rule made under it---
Any act other than an act that would by a Court of 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 COURT. 1.-The Supreme Court at Shanghai.
deemed criminal
acts.
7. There shall be a Court styled Her Britannic Majesty's Supreme style and seal of Court for China and Japan.
The Supreme Court shall have a seal bearing its style and such device as one of Her Majesty's Principal Secretaries of State from time to time directs.
Supreme Court.
8. The Supreme Court shall hold its ordinary sittings at Shanghai, Place of sitting. or, on emergency, at any other place within the district of the Consulate of Shanghai; but may at any time transfer its ordinary sittings to any such place in China as one of Her Majesty's Principal Secretaries of State or Her Majesty's Minister in China approves.
9. There shall be one Judge of the Supreme Court.
Judge.
He shall be appointed by Her Majesty, by warrant under Her Royal Appointment, sign manual.
He shall be a subject of Her Majesty (by birth or naturalization) who qualification. at the time of his appointment is a member of the bar of England, Scotland, or Ireland, of not less than seven years' standing, or has filled the office of Assistant Judge or Law Secretary in the Supreme Court, or the office of Judge or Legal Vice-Consul or Law Secretary in Her Majesty's Consular Service.
10. The Judge may from time to time, in case of his absence or in- Deputy of tended absence from the district of the Consulate of Shanghai, either in Judge. the discharge of his duty or with permission of one of Her Majesty's Principal Secretaries of State, or in case of illness, appoint, by writing un- der his hand and the seal of the Supreme Court, a fit person to be his
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