Directory_and_Chronicle_1925 — Page 364

Directories & Chronicles 香港指南 All

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Sitting of Supreme Court.

Visitation of Judges.

Constitution of Provinc Courts.

Courts of Record.

Jurisdiction of

Supreme Court at Shanghai.

Jurisdiction of Provincial. Courts.

Concurrent

jurisdiction of Supreme Court.

Registrar.

ORDERS IN COUNCIL

17. The Supreme Court shall ordinarily sit at Shanghai; but may, if it seems expedient, sit at any other place within the limits of this Order, and may at any time transfer its ordinary sittings to any such place as the Secretary of State approves. Under this Article the Judges may sit at the same time at different places, and each sitting shall be deemed to be a sitting of the Supreme Court.

18. The Judge or under his directions an Assistant Judge may visit, in a magisterial or judicial capacity, any place in China or Corea, and there inquire of, or hear and determine, any case, civil or criminal, and may examine any records or order documents in any Provincial Court, and give directions as to the keeping thereof.

(ii) Provincial Courts.

19. (1) Every commissioned Consular officer, with the exception of those at Shanghai and with such other exceptions (if any) as the Secre- tary of State thinks fit to make, shall for and in his Consular district hold and form a Court, in this Order referred to as a Provincial Court.

(2) Where His Majesty's Minister in China or Corea, as the case may be, appoints any person to be Acting Consul-General, Consul, or Vice-Consul at any port or place in China or Corea, which is for the time being open to foreign trade, and at which no commissioned Consular officer is resident, that person shall hold and form a Provincial Court for the district for which he is appointed to act.

(3) Every Provincial Court shall be styled "His Britannic Majesty's Court at Canton" (or as the case may be).

(4) Every Provincial Court may, with the approval of the Judge of the Supreme Court, appoint a competent person, or persons, to perform such duties and to exercise such powers in and for that Court as are by this Order and any Rules of Court imposed or conferred upon the Regis- trar and Marshal respectively, and any person so appointed shall perform such duties and exercise such powers accordingly.

(5) Every Provincial Court shall have a seal bearing its style and such device as the Secretary of State from time to time directs; but where such a seal is not provided, the seal of the Consular officer holding the Court may be used.

(iii) Jurisdiction of Courts.

20. The Supreme Court, and each Provincial Court, shall, in the exercise of every part of its jurisdiction, be a Court of Record.

21. All His Majesty's jurisdiction, civil and criminal, including any jurisdiction by this Order conferred expressly on a Provincial Court, shall for and within the district of the Consulate of Shanghai be vested exclusively in the Supreme Court as its ordinary original jurisdiction.

22. All His Majesty's jurisdiction, civil and criminal, not under this Order vested exclusively in the Supreme Court, shall to the extent and in the manner provided by this Order be vested in the Provincial Courts.

23. The Supreme Court shall have in all matters, civil and criminal, an original jurisdiction, concurrent with the jurisdiction of the several Provincial Courts, to be exercised subject and according to the provisions of this Order.

Jurisdiction of 24.-(1) The Registrar of the Supreme Court shall, subject to any directions of the Judge, hold preliminary examinations, and shall hear and determine such criminal cases in that Court as are not, under this Order, required to be heard and determined on a charge.

(2) The Registrar shall also have authority to hear and determine such civil actions as may be assigned to him by the Judge, but actions

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