Directory_and_Chronicle_1890 — Page 72

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

Power and Ju- 5. The power and jurisdiction exercisable under this Order, or under risdicti n under 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

this Order sub-

of Corean

Treaty.

Imperial Acts

Council; how far applicable.

November, 1883, between H. r Majesty and the King of Corea, and to the Regulations and Protocol appeaded 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 Corca, and the provisions of the said Treaty, Regulations, and Protocol shall have effect as if incorporated in this Order.

6.—Where, by virtue of any Imperial Act, or of any of the China and and Orders in Japan Orders in Council, or this Order, or otherwise, any provisions of any Imperial Acts, cr of any Orders in Council other than this Order, are applicable in China, or 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 inade 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 substitu.ed 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 cases of murder and manslaught-

er.

Crimes on the bigh seas.

Adaptations

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 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- mitted within the district of such Court. In cases tried under the Article no different sen ence can be passed from the sentence which could be passed in England if the crime were tri d there.

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

Act.

Fugitive Offenders Act.

"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 British subjects, to China, Japan, and Corea respectively, as if such