541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 18

1304

Inquests.

Patents and trade-marks.

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

Inquests.

68.(1.) The Court shall have and discharge all the powers and duties appertaining to the office of Coroner in England, in relation to deaths of British subjects happening in the district of the Court.

(2.) The Court may also exercise the said powers in relation to deaths of any persons having happened at sea on board British ships arriving in the district, and to deaths of British subjects having happened at sea on board foreign ships so arriving.

(3.) The jurisdiction of the Court under this Article shall be exercised sub- ject to the following provisions

(a.) Where a British subject is charged with causing the death, the Court may, without holding an inquest, proceed forthwith with the preliminary examination.

(b) Where a British subject is not charged with causing the death, the Court shall, without any jury, hold an inquest, taking the de- positions of those who know the facts. If, during or after the inquest, a British subject is so charged, the depositions shall be read over in the presence of the witnesses and of the accused, who shall be entitled to cross-examine each witness, and the pro- cedure shall be as in other cases of preliminary examination. If after the inquest the Court does not see fit to cause any person to be charged, the Court shall certify its opinion of the cause of the death. When the inquest is held by a Provincial Court, the certificate and the depositions shall be sent forthwith to the Supreme Court, and that Court may give any directions which may seem proper in the circumstances,

(4.) In this Article the expression "the Court" includes the Registrar of the Supreme Court.

Statutory or other Offences.

69. Any act, which, if done in the United Kingdom, or in a British posses- sion, would be an offence against any of the following Statutes of the Imperial Parliament or Orders in Council, that is to say --

The Merchandize Marks Act, 1887;

The Patents, Designs, and Trade-marks Acts, 1883 to 1888;

Any Act, Statute, or Order in Council for the time being in force relating to

copyright, or to inventions, designs, or trade-marks ;

Any Statute amending, or substituted for, any of the above-mentioned

Statutes;

Shall, if done by a British subject in China or Corea, be punishable as a grave offence against this Order, whether such act is done in relation to any property or right of a British subject, or of a foreigner, or native, or otherwise howsoever ;

Provided---

(1.) That a copy of any such Statute or Order in Council shall be published in the public office of the Consulates at Shanghai and Seoul, and shall be there open for inspection by any person at all reasonable times; and a person shall not be punished under this Article for anything done before the expiration of one month after such publication, unless the person offending is proved to have had express notice of the Statute or Order in Council.