Directory_and_Chronicle_1938 — Page 202

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SHANGHAI PROVISIONAL COURT

Article III. The former practice of consular deputies or consular officials appearing to watch proceedings or to sit jointly in the Chinese Court now functioning in the International Settlement shall be discontinued in the Courts established under the present Agreement.

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Article IV. When any person is arrested by the municipal or judicial police he shall, within twenty-four hours, exclusive of holidays, be sent to the Courts established under the present Agreement to be dealt with, failing which he shall be released.

Article V.The Courts established under the present Agreement shall each have a certain number of procurators to be appointed by the Chinese Govern- ment, who shall hold inquests and autopsies (Chien Yen) within the jurisdic- tion of these Courts and shall otherwise perform their functions in accordance with Chinese law in all cases involving the application of Articles 103 to 186 of the Chinese Criminal Code, except where the municipal police of the International Settlement or the party concerned has already initiated prosecu- tion, provided that all preliminary investigations conducted by the procurator shall be held publicly and counsel for the accused shall have the right to be present and heard.

In other cases arising within the jurisdiction of the courts, the municipal police or the party concerned shall prosecute. The procurator shall have the right to express his views in court in all criminal cases in which the prosecu- tion is initiated by the Municipal Police or the party concerned.

Article VI All judicial processes, such as summonses, warrants, orders et cetera, shall be valid only after they have been signed by a judge of the Courts established under the present Agreement, whereupon they shall be served or executed by the judicial police or, as provided below, by the process-servers thereof.

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No person found in the International Settlement shall be handed over to the extra-Settlement authorities without a preliminary investigation in court, at which counsel for the accused shall have the right to be present and heard, except in the case of requests emanating from other modern law courts when the accused may be handed over after his identity has been established by the Court..

All judgments, decisions, and rulings of the Courts shall be executed as soon as they become final as a result of the judicial procedure in force in the said Courts. Whenever necessary, the Municipal Police shall render any assistance within their power as may be requested of them.

The process-servers of the Courts shall be appointed by the Presidents of the Courts respectively and their duties shall be to serve all summonses and deliver other documents of the Courts in connection with civil cases. For the execution of judgments in civil cases, the process-servers shall be accompanied by the judicial police. The officers and members of the judicial police of the Courts shall be appointed by the President of the Branch High Court upon the recommendation of the Municipal Council and shall be subject to dismissal by the President of that Court upon cause shown. Their services will also be terminated by the President at the request of the Municipal Council upon cause shown. They shall wear the uniform designed by the Chinese judicial authorities, and shall be subject to the orders and direction of the Courts and faithful to their duties.

Article VII.-The House of Detention for civil cases and the Women's Prison attached to the Chinese court now functioning in the International Settlement at Shanghai shall be transferred from that Court to the Courts established under the present Agreement and shall be supervised and admini- stered by the Chinese authorities..

All prisoners now serving sentences in the prison attached to the Chinese Court now functioning in the International Settlement and those sentenced by the Courts established under the present Agreement shall, at the discretion of the said Courts, serve their sentences either in such prisons in the Settle- ment or in Chinese prisons outside the Settlement, except that offenders against