Directory_and_Chronicle_1889 — Page 866

Pos

Pov ers and Ju.

risdiction under

Ject to provisions of Corean Treaty.

42

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

5.—The power and jurisdiction exerc`sable under this Order, or under this Order sub the said Orders in Council as applied to Corea, shall, in relation to Corea, be exercisel 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

Council; how *pplicable.

6.—Where, by virtue of any Imperiil Act, or of any of the China and fa 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, or Japan, or Corea, or any forms, regulations, or pro- cédure 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 a laptations 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 anthority having the like or analogous functions; and the seal of the Coneular 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 Cises of murder

7. (i.) In cases of murder or manslaughter, if either the death or and manslaught the criminal act which wholly or partly caused the death, happened within the jurisdiction of a Curt acting under the China and Japan Orders in Council or this Order, such Court shall have the like juris liction over any person being a British subject, who is charged either as the principal offender or acccessory before the fae' to murder, or as accessory after the fact to murder or manslaughter, as if both such criminal act and the death bad happened within such juris liction.

Cranes on the high seas.

Adaptations under Foreign Jurisdiction Act.

Fugitive Offen der ■ Ac1.

(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- mittel 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 Englan 1 if the crime were tried there.

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

"The Admiralty Offences (Colonial) Act, 1849." "The Aduardty Offences (C-lonia ) Ae', 1860.” "The Merchant Shipping Act, 1867," section 11.

And the said enactmen ́s s all, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to China, Japan, and Crea.

8.- The Fugitive Offenders Act, 1881," shall apply, in relation to British subjects, to China, Japan, and Corea respectively, as if such

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