Directory_and_Chronicle_1927 — Page 406

THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

AT THE COURT AT BUCKINGHAM PALACE, THE 12TH DAY OF AUGUst, 1913:

PRESENT:-

The King's Most Excellent Majesty

Lord President

Mr. Secretary Harcourt

Sir William Carington

Mr. Fischer

Sir Louis Mallet.

Whereas by treaty, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within China:

Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:-

1.-This Order may be cited as "The China (Amendment) Order in Council, 1913," and shall be read as one with the China Order in Council, 1904, hereinafter- referred to as the " Principal Order," and this Order and the China Orders in Council, 1904 to 1910, may be cited together as "The China Orders in Council, 1904 to 1913."

2. In this Order, unless the context otherwise requires :

"Judgment" includes decree, order, sentence, or decision; "Record

means the aggregate of papers relating to an Appeal to His Majesty in Council (including the pleadings, proceedings, evidence and judgments) proper to be laid before His Majesty in Council and on the hearing of the Appeal;

“Registrar "includes the officer having the custody of the Records in the

Supreme Court.

3.-(1) Any person committing a breach of any International Regulations approved by the Secretary of State under Article 74 of the Principal Order shall, on conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or, if* no such punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment with or without hard labour for a period not exceeding one month, or to a fine not exceeding £20.

(2) Where a fine is recovered for breach of such Regulations, and the Regula- tions contain no provisions as to the manner in which it shall be disposed of and applied, it shall be disposed of and applied in such manner as the Minister may direct.

4. In the application of the Perjury Act, 1911, by the Court in the exercise of its criminal jurisdiction on the principles of, and in conformity with, English law for the time being under Article 35 (2) of the Principal Order, the words "judiciał proceeding" in the said Act shall be deemed to include a proceeding before a Chinese Court or a Court in China of any State in amity with His Majesty.

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