Directory_and_Chronicle_1903 — Page 290

H.B.M. SUBJECTS IN CHINA AND JAPAN

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directed, and also to any constable or other peace officer in and for Hongkong, to apprehend the accused in Hongkong, and to carry him to and deliver him up within the jurisdiction of the Court issuing the warrant or order, according to the warrant or order.

159. The Supreme Court of Hongkong may take cognizance of offences Jurisdiction at committed by British subjects within the peninsula of Macao, and of suits Macao. originating there, when the party offending or the party sued comes or is found within the jurisdiction of that Court; but that Court shall not have power to issue any warrant or writ to be executed or served within that peninsula.

160. Save as expressly provided by this Order, all jurisdiction, power, Abolition of and authority of the Supreme Court of Hongkong exercisable in relation jurisdiction of to British subjects resident in or resorting to China or Japan, shall, from and Japan. the commencement of this Order, absolutely cease.

XXI. REPEALS

Court in China

Ordinances

161. From and immediately after the commencement of this Order, Orders and the Orders in Council or any Consular Ordinances described in the repealed. Schedule to this Order shall be repealed; but this repeal shall not affect the past operation of any such Order or Ordinance, or any appointment made or thing done, or right, title, obligation, or liability acquired or accrued thereunder before the commencement of this Order.

XXII. PENDING PROCEEDINGS

162. Nothing in this Order, or in any Rules made under it, shall Saving for apply to or in any manner affect any suit or proceeding, either of a civil pending

proceedings. or of a criminal nature, pending at the commencement of this Order, either with reference to the original proceedings therein or with reference to any appeal therein, or otherwise, subject nevertheless to the following provisions and qualifications:-

(1.) All suits and proceedings, whether of a civil or of a criminal nature, instituted or taken before the commencement of this Order in the district of the Consulate of Shanghai, and pending at the commencement of this Order, are hereby transferred to the jurisdiction of the Supreme Court, and the same may be carried on and shall be tried, heard, and determined in and by the Supreme Court in like manner as nearly as may be in all respects as if the same had been instituted or taken in the district of the Consulate of Shanghai after the commencement of this Order. (2.) In any suit or proceeding, whether of a civil or of a criminal nature, the Court before which the same is pending at the com- mencement of this Order, after hearing the parties, either of its own motion, or on the application of either party, or by consent, may, if it sees fit, from time to time direct that the procedure and practice prescribed by this Order, or by any Rule made under it, be followed in any respect.

163. Nothing in this Order shall take away any right of appeal of any Appeals in suit of a civil nature pending at the commencement of this Order, or inter- pending suits. fere with the bringing or prosecution of any appeal in any such suit that might have been brought or prosecuted if this Order had not been made, or take away or abridge any jurisdiction, power, or authority of any Court, Judge, Officer, or person in relation to any appeal in any such suit, or to the execution or enforcement of any judgment, decree, or order made before or after the commencement of this Order, in or respecting any appeal in any such suit; and notwithstanding this Order, any appeal in any such suit shall lie and may be brought and prosecuted, and any such judgment, decree, or order may be made, executed, and enforced in like manner and with the like effect and consequences in all respects as if this Order bad not been made subject only to this qualification: that in case of any appeal

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Times of com- mencement.

Proclamation of Order.