Directory_and_Chronicle_1899 — Page 268

Interpretation.

Consular Courts Corea.

Her Majesty's Jurisdiction to be exercised

218

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1884

The expression, the “China and Japan Orders in Council," means the following

The China and Japan Order in Council, 1865, as amended by the Orders in Council dated the 13th May, 1869, and the 30th April, 1877;

The Order in Council of the 19th June, 1868; and the 21st July,

1876, relating to Consular fees;

The China and Japan Maritime Order in Council, 1874;

The China and Japan Order in Council, 1878;

The China and Japan Order in Council, 1881;

The Shanghai Shipping Registry Order in Council, 1883;

and any Order in Council amending or extending this or any of the above- mentioned Orders in Council.

The expression "Corea" means the dominions for the time being of the King of Corea, including the territorial waters thereof.

Other expressions to which meanings are assigned by the China and Japan Order in Council have the same meanings in this Order unless the subject or context otherwise requires.

In the Cuina and Japan Orders in Council, and in this Order, the expression "British subject" shall include a British protected person in so far as by Treaty, capitulation, grant, usage, sufferance, or other lawful means, Her Majesty has jurisdiction in relation to such persons in China, 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, to 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 anu 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 according to this Corea, under the Foreign Jurisdiction Acts, shall be exercised by a Court

acting under this Order.

Order.

Courts in Cores

to be deemed

Provincial

Courts.

Power and Ju-

this order sub-

of Corean Treaty.

(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 tuereof, 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.) Revoked.

5. The power and jurisdiction exercisable under this Order, or under risdiction under the said Orders in Council, as applied to Corea, shall, in relation to Curea, ject to provision 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.