Directory_and_Chronicle_1888 — Page 799

Courts in Cores

to be deemed

Provincial

Courts.

Bupreme Court at Shanghai to have jurisdiction

in Corea.

Por ers and Ju- risdiction under

of Corean Treaty.

42

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

(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 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.

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, Jeet 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

6.-Where, by virtue of any Imperial Act, or of any of the China and Council; how far Japan Orders in Council, or this Order, or otherwise, any provisions of Applicable.

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 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.

Jurisdiction in Banen ( of murder and manslaught-

Crimes on the high seas.

7.-(i.) In 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 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 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-