British subjects.
Foreigners.
Her Majesty's
be exercised
Order.
174
ORDER IN COUNCIL
3. The provisions of this Order relating to British subjects apply to all subjects of Her Majesty, whether by birth or by naturalization.
The provisions of this Order relating to foreigners apply to subjects 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.
4. All Her Majesty's jurisdiction exercisable in China or in Japan for jurisdiction to the judicial hearing and determination of matters in difference between according to this British subjects, or between foreigners and British subjects, or for the 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.
Law of England
tered.
5. Subject to the other provisions of this Order, the civil and criminal to be adminis- jurisdiction aforesaid shall, as far as circumstances admit, be exercised 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.
What to be deemed criminal acts.
Style and seal of Supreme Court.
Place of sitting.
Tenure of office of Judge,
6. Except as to offences made or declared such by this Order, or by 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.
7. There shall be a Court styled Her Britannic Majesty's Supreme Court for China aud Japan.
The Supreme Court shall have a seal bearing its style and such device us one of Her Majesty's Principal Secretaries of State from time to time directs.
8. The Supreme Court shall hold its ordinary sittings at Shanghai, 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.-22. Revoked.
23. The Judge, Assistant Judge, and Law Secretary shall hold office Assistant Judge, during the pleasure of Her Majesty, but any warrant of appointment to the office of Judge, Assistant Judge, or Law Secretary shall not be vacated by reason only of a demise of the Crown.
and Law Secretary.
In case at any time Her Majesty thinks fit by warrant under Her Royal sign manual to revoke the warrant appointing any person to be Judge, Assistant Judge, or Law Secretary, or while there is a Judge, Assistant Judge, or Law Secretary in office, thinks fit by warrant under Her Royal sign manual to appoint another person to be Judge, Assistant Judge, or Law Secretary (as the case may be),--then and in every such case, until the warrant of revocation or of new appointment is notified
No comments yet.
Private notes are available after approval.