541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 39

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905. 1325

proceedings

judgment of

154.-(1.) The Supreme Court may, upon the application of any British Garnishee subject or foreigner who has obtained a judgment or order for the recovery or in aid of payment of money in a foreign Court in China or Corea against a person subject lademe to the jurisdiction of that Court, and upon a certificate by the proper officer of the Court. foreign Court that such judgment has been recovered or order made (specifying the amount), and that it is still unsatisfied, and that a British subject is alleged to be indebted to such debtor and is within the jurisdiction, order that all debts owing or accruing from such British subject (hereinafter called the garnishee) to such debtor shall be attached to answer the judgment or order; and by the same or a subsequent order, may order the garnishee to pay his debt or so much as may be sufficient to satisfy the judgment or order of the foreign Court.

(2.) The proceedings for the summoning of the garnishee, for the ascertain- ment of his liability, and for the payment of money ordered by the Court to be paid, and all matters for giving effect to this Article, may be regulated by Rules of Court.

(3.) An order shall not be made under this Article unless the Court is satis- fied that the foreign Court is authorised to exercise similar powers in the case of a debt due from a person subject to the jurisdiction of that Court to a British subject against whom a judgment has been obtained in a Court established under this Order

PART VIII.

REGULATIONS.

lations.

155. His Majesty's Ministers in China and Corea shall have power collectively King's Regu with respect to China and Corca or any parts thereof, or severally with respect to China or Corea, or any parts thereof as the case may be, to make Regulations (to be called King's Regulations) for the following purposes, that is to say :-

(a.) For the peace, order, and good government of British subjects in relation to matters not provided for by this Order, and to matters intended by this Order to be prescribed by Regulation.

(b.) For securing the observance of any Treaty for the time being in force relating to any place or of any native or local law or custom, wheth er relating to trade, commerce, revenue, or any other matter.

(c.) For regulating or preventing the importation or exportation in British ships or by British subjects of arms or munitions of war, or any parts or ingredients thereof, and for giving effect to any Treaty relating to the importation or exportation of the same.

(d.) For requiring Returns to be made of the nature, quantity, and value of articles exported from or imported into his district, or any part there- of, by or on account of any British subject who is subject to this Order, or in any British ship, and for prescribing the times and manner at or in which and the persons by whom, such Returns are to be made.

(2) Any Regulations made un ler this Article may provide for forfeiture of any goods, receptacles, or things in relation to which, or to the contents of which, any breach is committed of such Regulations, or of any Treaty or any native or local law or custom, the observance of which is providel for by such Regulations.