541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 27

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905. 1313

Admiralty.

100.-(1.) The Supreme Court shall have Admiralty jurisdiction for and Admiralty within the limits of this Order, and over vessels and persons coming within the

same.

(2.) The following enactments of the Colonial Courts of Admiralty Act, 1890, that is to say, section 2, sub-sections (2) to (1); sections 5 and 6; section 16, sub-section (3); shall apply to the Supreme Court as if that Court were a Colonial Court of Admiralty, and as if China and Corea were a British possession; and for the purpose of this application the expressions judgment" and "appeal" shall in the enactments so applied have the same respective meanings as are assigned thereto in section 15 of the said Act.

Jurisdiction.

Matrimonial.

101. The Supreme Court shall, as far as circumstances admit, have for and Matrimonial within China and Corea, with respect to British subjects, all such jurisdiction in jurisdiction. matrimonial causes except the jurisdiction relative to dissolution or nullity or jactitation of marriage, as for the time being belongs to the High Court in England.

Imnucy.

102.-(1.) The Supreme Court shall, as far as circumstances admit, have for Laney and within China and Corea, in relation to British subjects, all such jurisdiction jurisdiction. relative to the custody and management of the persons and estates of lunatics, as for the time being belongs to the Lord Chancellor or other Judge or Judges in England intrusted by virtue of His Majesty's sign manual with the care and commitment of the custody of the persons and estates of lunatics, and also such jurisdiction as may be exercised in England by a judicial authority under the provisions of the Lunacy Act, 1890, or any Act amending the same.

(2.) A Provincial Court shall, as far as circumstances permit, have, in relation to Britith subjects, such jurisdiction relative to the custody and manage- ment of the persons and estates of lunatics as for the time being may be prescribed by Rules of Court, and until such Rules are made, and so far as such Rules do not apply, as may be exercised in England by a judicial authority and by the Masters in Lunacy under the provisions of the Lunacy Act, 1890, or any Act amending the same.

(3.) In any such case the Provincial Court may, of its own motion, or on the application of any person interested, take or authorize such steps as to the Court may seem necessary or expedient for the immediate protection of the person and property of any person appearing to the Court to be a lunatic, and may, from time to time, revoke, or vary, or supplement any order or proceeding taken in the matter.

(4.) Subject to the provisions of this Article and to any Rules of Court. a Provincial Court shall not proceed in any such matter except under and according to the directions of the Supreme Court.

(5.) Sections 5 to 7 of the Lunatics Removal (India) Act, 1851 (14 and 15 Vict., cap. 81), shall apply to China and Corea, with the substitution of “the Supreme Court" for "the Supreme Court of Judicature at any of the Presidencies of India." Provided that the jurisdiction of the Supreme Court under those sections may be exercised in and for Corea by the Provincial Court at Seoul.