Directory_and_Chronicle_1933 — Page 154

102

Case reported

Supreme Court.

ORDERS IN COUNCIL

which under this Order are required or directed to be heard with a jury or assessors shall not be so assigned.

(3) For the purposes of this Article the Registrar shall exercise all the powers and jurisdiction of a Provincial Court, and the provisions 'of this Order with respect to appeal and reserved case in criminal tatters and to appeal in civil matters shall apply accordingly,

25.-(1) Where any case, cívil or criminal, commenced in a Pro- or removed to vincial Court, appears to that Court to be beyond its jurisdiction, or to be one which for any other reason ought to be tried in the Supreme Court, the Provincial Court shall report the case to the Supreme Court for directions.

Courts auxiliary to one another.

Conciliation.

Modes of trial.

Process of Supreme Court of Hongkong.

Immunity of

Legation.

Operation of Imperial Acts, &c.

(2) The Supreme Court may of its own motion, or upon the report of a Provincial Court, or on the application of any party concerned, require any case, civil or criminal, pending in any Provincial Court to be transferred to, or tried in, the Supreme Court, or may direct in what Court and in what mode, subject to the provisions of this Order, any such case shall be tried.

26. The Supreme Court and every Provincial Court shall be auxiliary to one another in all particulars relative to the administration of justice, civil or criminal.

27. Every Judge and Officer of Courts established under this Order shall, as far as there is proper opportunity, promote reconciliation and encourage and facilitate the settlement in an amicable way and without recourse to litigation of matters in difference between British subjects, or between British subjects and foreigners in China or Corea.

28. Subject to the provisions of this Order, criminal and civil cases may be tried as follows:-

(a) In the case of the Supreme Court, by the Court itself, or by the

Court with a jury, or with assessors.

(b) In the case of a Provincial Court by the Court itself, or by the

Court with assessors.

29. Any of His Majesty's Courts in China or Corea may cause any summons, order, or judgment issuing from the Supreme Court of Hong- kong, in any civil proceeding, and accompanied by a request in writing under the seal of that Court, to be served in China or Corea.

30.-(1) Notwithstanding anything in this Order, the Court shall not exercise any jurisdiction in any proceeding whatsoever over His Majesty's Minister, or over his official or other residences, or his official or other property.

(2) Notwithstanding anything in this Order, the Court shall not exercise, except with the consent of the Minister signified in writing to the Court, any jurisdiction in any proceeding over any person attached to or being a member of, or in the service of, the Legation. The consent of the Minister may be given, either specially with respect to any person, or generally with respect to any class of persons so attached.

(3) If in any case under this Order it appears to the Court that the attendance of the Minister, or of any person attached to or being a mem- ber of the Legation, or being in the service of the Legation, to give evidence before the Court is requisite in the interest of justice, the Court may address to the Minister a request in writing for such attendance.

(4) A person attending to give evidence before the Court shall not be compelled or allowed to give any evidence or produce any document, if, in the opinion of the Minister, signified by him personally or in writing to the Court, the giving or production thereof would be injurious to His Majesty's service.

31. Where, by virtue of any Imperial Act, or of this Order, or other- wise, any provisions of any Imperial Acts, or of any law of a British