Directory_and_Chronicle_1886 — Page 744

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

Consular Courts in Corea.

ineans, Her Majesty has jurisdiction in relation to such persons in Chin a Japan, and Corea respectively.

This Order may be cited as the China, Japan, and Corea Order in Council, 1884.

3.--Any person for the time being, acting as Consul-General, Consul. or Vice-Consul holding Her Majesty's commission for Corea or any part. thereof, or any person acting temporarily with the approval of a Secretary of State, or in case of emergency appointed temporarily by or acting with the approval of Her Majesty's Minister for Corea, as and for a Consul- General, Consul, or Vice-Consul as aforesaid, shall in and for such district as may be assigned by his commission or appointment, or as may be so approved, hold and form a Court for the purposes of this Order.

4. For the purposes and subject to the provisions of this Order— (i.) All Her Majesty's jurisdiction exercisable, for the time being, in Corea, under the Foreign Jurisdiction Acts, shall be exercised by a Court according to this acting under this Order.

Her Majesty's Jurisdiction to be exercised

Order.

Courts in Corea

to be deemed Provincial Courts.

Supreme Court at Shanghai to

in Corea.

(ii.) Such jurisdiction shall be exercised under and in accordance with the provisions of the China and Japan Orders in Council, and of any Rules and Regulations made under the authority thereof, and for the time being in force so far as the same are applicable, as if in those provisions expressions referring to Japan, or to any Government, Sovereign, person, thing, or matter in or relating to Japan, referred also mutatis mutandis to Corea, and to the corresponding Government, Sovereign, person, thing, or matter in or relating to Corea; and for the purposes of the said Orders in Council, Rules and Regulations as applied by this Order, a Court acting under this Order shall be deemed to be a Provincial Court.

(iii.) All powers and jurisdiction, whether original, appellate, or have jurisdiction auxiliary, which can, under the said Orders, be exercised by the Supreme Court at Shanghai, or any Judge thereof, in relation to Japan, or any district thereof, or Provincial Court therein, shall be exercisable in relation to Corea, and any district or Provincial Court therein.

Powers and Ju- risdiction under

of

Treaty.

5.-The powers and jurisdiction exercisable under this Order, or under this Order sub the said Orders in Council, as applied to Corea, shall, in relation to Corea, ject to provisions be exercised subject to the provisions of the Treaty dated the 26th November, 1883, between Her Majesty and the King of Corea, and to the Regulations and Protocol appended to the said Treaty, and to the pro- visions of any other Treaty for the time being in force between Her Majesty and the King of Corea, and the provisions of the said Treaty, Regulations, and Protocol shall have effect as if incorporated in this Order.

Imperial Acts and Orders in

*pplicable,

6.-Where, by virtue of any Imperial Act, or of any of the China and Council; how for Japan Orders in Council, or this Order, or otherwise, any provisions of any Imperial Acts, or of any Orders in Council other than this Order, are applicable in China, Japan, or Corea, or any forms, regulations, or pro- cedure prescribed or established by or under any such Order or Act, in relation to any matter, are made applicable for any purpose of any of the China or Japan Orders in Council, or of this Order, such acts, forms, regulations, or procedure shall be deemed applicable, so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and for the purpose of facilitating 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 Consular Court may be substituted for any seal required by any such act, order, form, regulation, or procedure, and in case any

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