541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 7

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

1293

of Supreme

21. All His Majesty's jurisdiction, civil and criminal, including any jurisdie- Jurisdiction tion by this Order conferred expressly on a Provincial Court, shall for and within Cont at the district of the Consulate of Shanghai be vested exclusively in the Supreme Court as its ordinary original jurisdiction.

Shanghai.

of Provincial

22. All His Majesty's jurisdiction, civil and criminal, not under this Order Jurisdiction vested exclusively in the Supreme Court, shall to the extent and in the manner Courts. provided by this Order be vested in the Provincial Courts.

jurisdiction

23. The Supreme Court shall have in all matters, civil and criminal, an Concurrent original jurisdiction, concurrent with the jurisdiction of the several Provincial of Supreme Courts, to be exercised subject and according to the provisions of this Order.

Court.

of Registrar.

24. (1.) The Registrar of the Supreme Court shall subject to any directions Jurisdiction of the Judge, hold preliminary examinations, and shall hear and determine such criminal cases in that Court as are not, under this Order, required to be heard and determined on a charge.

(2.) The Registrar shall also have authority to hear and determine such civil actions as may be assigned to him by the Judge, but actions which under this Order are required or directed to be heard with a jury or assessors shall not be so assigned.

(3.) For the purposes of this Article the Registrar shall exercise all the powers and jurisdiction of a Provincial Court, and the provisions of this Order with respect to appeal and reserved case in criminal matters and to appeal in civil matters shall apply accordingly.

or removed

25.-(1.) Where any case, civil or criminal, commenced in a Provincial Case reported Court, appears to that Court to be beyond its jurisdiction, or to be one which for to Supreme any other reason ought to be tried in the Supreme Court, the Provincial Court shall report the case to the Supreme Court for directions.

(2.) The Supreme Court may of its own motion, or upon the report of a Provincial Court, or on the application of any party concerned, require any case, civil or criminal, pending in any Provincial Court to be transferred to, or tried in, the Supreme Court, or may direct in what Court and in what mode, subject to the provisions of this Order, any such case shall be tried.

Court.

26. The Supreme Court and every Provincial Court shall be auxiliary to one Courts to be another in all particulars relative to the administration of justice, civil or criminal. auxiliary to

one another.

27. Every Judge and Officer of the Courts established under this Order shall conciliation. as far as there is proper opportunity, promote reconciliation and encourage and facilitate the settlement in an amicable way and without recourse to litigation, of matters in difference between British subjects, or between British subjects and foreigners in China or Corca.

28. Subject to the provisions of this Order, criminal and civil cases may be Modes of tried as follows:

(a.) In the case of the Supreme Court, by the Court itself, or by the Court

with a jury, or with assessors.

(b.) In the case of a Provincial Court by the Court itself, or by the Court

with assessors.

trial.