Directory_and_Chronicle_1935 — Page 101

H.B.M. SUBJECTS IN CHINA AND COREA

(3) Foreigners in the cases and according to the conditions specified

in this Order and not otherwise.

(4) Foreigners, with respect to whom any State, King, Chief, or Government, whose subjects, or under whose protection they are, has by any Treaty as herein defined or otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty.

(5) British ships with their boats, and the persons and property on board thereof, or belonging thereto, being within the limits of this Order.

Jurisdiction..

6. All His Majesty's jurisdiction exercisable in China or Corea for Exercise of the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, and not otherwise.

II. CONSTITUTION AND POWERS OF COURTS. (i) Supreme Court.

of Supreme

7.-(1) There shall be a Court styled "His Britaunic Majesty's Constitution Supreme Court for China and Corea" (in this Order referred to as the Supreme Court, and comprised in the term "the Court").

(2) Subject to the provisions of this Order, there shall be a Judge, and as many Assistant Judges of the Supreme Court as may from time to time be required, who shall respectively be appointed by His Majesty by warrant under His Royal sign manual,

Every Judge shall be at the time of his appointment a member of the Bar of England, Scotland, or Ireland, of not less than seven years' standing.

(3) The Judges, or any two of them, shall sit together for the pur- poses described in this Order, and the Supreme Court so constituted is hereinafter in this Order referred to as the "Full Court.

"}

(4) When the Full Court consists of not more than two Judges, and there is a difference of opinion, the opinion of the Judge, or, in his absence, the Senior Assistant Judge, shall prevail.

+

(5) Subject to any Rules of Court, the Judge shall make any such arrangements as he thinks fit for the distribution of the business of the Court.

(6) If the Chief Justice in office at the passing of this Order becomes the Judge of the Supreme Court under this Order, he shall retain the title of Chief Justice during his tenure of office.

Court.

65

8. During a vacancy in the office of Judge, or in case of the illness or Acting Judge. incapacity of the Judge, or of his absence from the district of the Consul- ate of Shanghai, the Secretary of State may appoint a fit person to act as Judge, but unless or until such appointment is made, the Assistant Judge or Senior Assistant Judge shall act as Judge.

An Acting Judge shall, during the continuance of his appointment,

have all the power and authority of the Judge..

.

9. During a vacancy or temporary vacancy in the office of Assistant Acting Assist- Judge, or in case of the absence, or illness, or other incapacity of an ant Judge. Assistant Judge, the Judge may, by writing under his band and the seal of the Supreme Court, appoint any fit person, approved by the Secretary of State, or by His Majesty's Minister in China, to act as and for such Assistant Judge for the time therein mentioned or during the vacancy, as the case may be; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court, or by the Secretary of State.

3