H.B.M. SUBJECTS IN CHINA AND COREA
made in the Minutes that in the judgment of the Supreme Court the person ought not to have been convicted, or order judgment to be given at a subsequent sitting of the Provincial Court, or order a new trial, or make such other order as the Supreme Court thinks just, and shall also give all necessary and proper consequential directions.
(3) The judgment of the full Court shall be delivered in open Court, after the public hearing of any argument offered on behalf of the prosecutor or of the person convicted.
(4) Before delivering judgment, the full Court may, if necessary, cause the case to be amended by the Provincial Court.
(5) The full Court shall not annul a conviction or sentence, or vary a sentence, or order a new trial on the ground—
(a) of any objection which, if stated during the trial, might, in the opinion of the Supreme Court, have been properly met by amendment at the trial; or
(b) of any error in the summoning of assessors; or
(c) Of
Of any person having served as assessor who was not qualified; or (d) Of any objection to any person as assessor which might have
been raised before or at the trial; or
(e) of any informality in the swearing of any witness; or
(f) of any error or omission in the charge, or any informality in procedure which, in the opinion of the Supreme Court, did not affect the substance of the case or subject the convicted person
to any undue prejudice.
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87. There shall be no appeal in a criminal case to His Majesty the Appeal to King in Council from a decision of the Supreme Court, except by special Privy Council. leave of His Majesty in Council.
Fugitive Offenders.
offenders.
88. The Fugitive Offenders Act, 1881, and the Colonial Prisoners Fugitive Removal Act, 1884, shall apply to China and Corea, as if those places were a British possession and part of His Majesty's dominions.
Subject as follows:--
(a) His Majesty's Minister in China or Corea, as the case may require, is hereby substituted for the Governor or Government of a British possession; and
(b) The Supreme Court is hereby substituted for a Superior Court
of a British possession.
(c) The Supreme Court and each Provincial Court is substituted
for a Magistrate of any part of His Majesty's dominions. (d) For the purposes of Part II. of the said Act of 1881, and of this Article in relation thereto, China, Corea, Weihaiwei and Hong. kong shall be deemed to be one group of British possessions.
IV.--CIVIL MATTERS.
89. Subject to the provisions of this Order, the civil jurisdiction of every Court acting under this Order shall, as far as circumstances admit, be exercised on the principles of, and in conformity with, English law for the time being in force.
Procedure.
General provision as jurisdiction.
to civil
90.-(1) Every civil proceeding in the Court shall be taken by All proceed- action, and not otherwise, and shall be designated an action.
(2) For the purposes of any statutory enactment or other provision applicable under this Order to any civil proceeding in the Court, an
ings to be by action.
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