Directory_and_Chronicle_1900 — Page 283

CHINA, JAPAN, AND COREA ORDER IN COUNCIL, 1881

223

Imperial Acts

Council; how far

6.-Where, by virtue of any Imperial Act or of any of the China and Japan Orders in Council, or this Order, or otherwise, any provisions of and Orders in auy Imperial Acts, or of any Orlers in Council other than this Order, are applicable, applicable in China, or Japan, or Corea, or any forins, 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

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 use 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 ma1ters arising under the China and Japan Orders in Council, or this Order, be construed accordingly.

7.-(i.) In cases of murder or manslaughter, if either the death or Jurisdiction in the criminal act which wholly or partly caused the death happened within cases of murder

and manslaugh. the jurisdiction of a Court acting under the China and Japan Orders in ter 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 crimes on the the Admiralty jurisdiction, by any British subject on board a British ship, high seas. 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 this Article no different sentence can be passed from the sentence which could be passed in England if the crime were tried there.

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

"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.

Jurisdiction

8.-"The Fugitive Offenders Act, 1881," shall apply, in relation to Fugitive British subjects, to China, Japan, and Corea respectively, as if such Offenders Act. countries were British possessions, and for the purposes of Part II. of the said Act and of this Article, China, Japan, and Corea shall be deemed to be one group of British possessions, and Her Majesty's Minister for China, Powers of Japan, or Corea (as the case may be) shall have the powers of a Governor H, M, Minister. or Superior Court of a British possession.

9.-Judicial notice shall be taken of the China and Japan Orders in Judicial Notice Council and of this Order, and of the commencement thereof, and of the to be taken. appointment of Consuls or other officers, and of the constitution and