541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 6

Government Gazette 政府憲報 轅門報 All

1292

Tenure of

Judges and Registrar.

Revocation

of appoint. ments.

Sittings of Supreme Court.

Visitation of Judges.

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

15. The Judge, cach Assistant Judge, and the Registrar shall hold office during the pleasure of His Majesty.

16. In case at any time His Majesty thinks fit by warrant under His Royal sign manual to revoke the warrant appointing any person to be Judge, Assistant Judge, or Registrar, or while there is a Judge, Assistant Judge, or Registrar in office, thinks fit by warrant under His Royal Sign manual to appoint another person to be Judge, Assistant Judge, or Registrar (as the case may be), then, and in every such case, until the warrant of revocation or of new appointment is notified by His Majesty's Minister in China to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force and he shall continue, and be deemed to have continued, entitled to all the privileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in law-as if such warrant of revocation or new appointment had not been made.

17. The Supreme Court shall ordinarily sit at Shanghai; but may, if it seems expedient, sit at any other place within the limits of this Order, and may at any time transfer its ordinary sittings to any such place as the Secretary of State approves. Under this Article the Judges may sit at the same time at different places, and each sitting shall be deemed to be a sitting of the Supreme Court.

18. The Judge or under his directions an Assistant Judge may visit, in a magisterial or judicial capacity, any place in China or Corea, and there inquire of, or hear and determine, any case, civil or criminal, and may examine any records or other documents in any Provincial Court, and give directions as to the keeping thereof.

(ii.) Provincial Courts.

Courts.

Constitution 19. (1.) Every commissioned Consular officer, with the exception of those of Provincial at Shanghai and with such other exceptions (if any) as the Secretary of State thinks fit to make, shall for and in his Consular district hold and form a Court, in this Order referred to as a Provincial Court.

Courts of Record.

(2.) Where His Majesty's Minister in China or Corea, as the case may be, appoints any person to be Acting Consul-General, Consul, or Vice-Consul at any port or place in China or Corea, which is for the time being open to foreign trade, and at which no commissioned Consular officer is resident, that person shall hold and form a Provincial Court for the district for which he is appointed to act.

(3.) Every Provincial Court shall be styled "His Britannic Majesty's Court at Canton" (or as the case may be).

(4.) Every Provincial Court may, with the approval of the Judge of the Supreme Court, appoint a competent person, or persons, to perform such duties and to exercise such powers in and for that Court as are by this Order and any Rules of Court imposed or conferred upon the Registrar and Marshal respectively, and any person so appointed shall perform such duties and exercise such powers accordingly.

(5.) Every Provincial Court shall have a seal bearing its style and such device as the Secretary of State from time to time directs; but where such a seal is not provided, the seal of the Consular officer holding the Court may be use 1.

(iii) Jurisdiction of Courts.

20. The Supreme Court, and each Provincial Court shall in the exercise of every part of its jurisdiction, be a Court of Record.

·

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.