Directory_and_Chronicle_1918 — Page 369

H.B.M. SUBJECTS IN CHINA AND COREA

arriving in the district, and to deaths of British subjects having hap- pened at sea on board foreign ships so arriving.

(3) The jurisdiction of the Court under this Article shall be exercised subject to the following provisions:-

(a) Where a British subject is charged with causing the death, the Court may, without holding an inquest, proceed forthwith with the preliminary examination.

(b) Where a British subject is not charged with causing the death, the Court shall, without any jury, hold an inquest, taking the depositions of those who know the facts. If, during or after the inquest, a British subject is so charged, the depositions shall be read over in the presence of the witnesses and of the accused, who shall be entitled to cross-examine each witness, and the procedure shall be as in other cases of preliminary examination. If after the inquest the Court does not see fit to cause any person to be charged, the Court shall certify its opinion of the cause of the death. When the inquest is held by a Provincial Court, the certificate and the depositions shall be sent forthwith to the Supreme Court, and that Court may give any directions which may seem proper in the circumstances. (4) In this Article the expression" the Court "includes the Registrar of the Supreme Court.

Statutory or other Offences.

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69. Any act which, if done in the United Kingdom, or in a British Patents and possession, would be an offence against any of the following Statutes of trade-marks, the Imperial Parliament or Orders in Council, that is to say:

The Merchandize Marks Act, 1887;

The Patents, Designs and Trade-marks Act, 1883 to 1888;

Any Act, Statute, or Order in Council for the time being in force relating to copyright, or to inventions, designs, or trade-marks; Any Statute amending, or substituted for, any of the above-men-

tioned Statutes;

Shall, if done by a British subject in China or Corea, be punishable a a grave offence against this Order, whether such act is done in relation to any property or right of a British subject, or of a foreigner or native, or otherwise howsoever;

Provided-

(1) That a copy of any such Statute or Order in Council shall be published in the public office of the Consulates at Shanghai and Seoul, and shall be there open for inspection by any person at all reasonable times; and a person shall not be punished under this Article for anything done before the expiration of one month after such publication, unless the person offending is proved to have had express notice of the Statute or Order in Council.

(2) That a prosecution by or on behalf of a prosecutor who is not a British subject shall not be entertained unless the Court is satisfied that effectual provision exists for the punishment in Consular or other Courts in China or Corea of similar acts committed by the subjects of the State or Power of which such prosecutor is a subject, in relation to, or affecting the interests of, British subjects.

70.-(1) If a British subject----

(i) Smuggies, or attempts to smuggle, out of China or Corea any goods on exportation whereof a duty is payable to the Chinese or Corean Government;

Smuggling.