541023-1905-The-China-and-Corea-Order-in-Council-1904 — Page 8

Government Gazette 政府憲報 轅門報 All

1294

Process of Supreme Court of

Hong Kong.

Immunity of Legation.

Operation of Imperial Acts, &c.

Jury

THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.

29. Any of His Majesty's Courts in China or Corea may cause any summons, order, or judgment issuing from the Supreme Court of Hong Kong, in any civil proceeding, and accompanied by a request in writing under the seal of that Court, to be served in China or Corea,

30.--(1.) Notwithstanding anything in this Order, the Court shall not exercise any jurisdiction in any proceeding whatsoever over His Majesty's Minister, or over his official or other residences, or his official or other property.

(2.) Notwithstanding anything in this Order, the Court shall not exercise, except with the consent of the Minister signified in writing to the Court, any jurisdiction in any proceeding over any person attached to or being a member of, or in the service of, the Legation. The consent of the Minister may be given, either specially with respect to any person, or generally with respect to any class of

persons so attached.

(3.) If in any case under this Order it appears to the Court that the attend- ance of the Minister, or of any person attached to or being a member of the Legation, or being in the service of the Legation, to give evidence before the Court is requisite in the interest of justice, the Court may address to the Minister a request in writing for such attendance.

(4.) A person attending to give evidence before the Court shall not be compelled or allowed to give any evidence or produce any document, if, in the opinion of the Minister, signified by him personally or in writing to the Court the giving or production thereof would be injurious to His Majesty's service.

31. Where, by virtue of any Imperial Act, or of this Order, or otherwise, any provisions of any Imperial Acts, or of any law of a British possession, or of any Orders in Council other than this Order, are applicable in China or Corea, or any forms, regulations, or procedure prescribed or established by or under any such Act, Law or Order, are made applicable for any purpose of this Order, or any other Order relating to China or Corea, such Acts, Laws, Orders, Forms, Regul- ations, or procedure may be construed or used with such alterations and adapt- ations not affecting the substance as may be necessary having regard to local circumstances, and anything required to be done by, to, or before any Court, Judge, officer, or authority may be done by, to, or before a Court, Judge, officer, or authority having the like or analogous functions, or by, to, or before any officer designated by the Secretary of State or by the Court (as the case may require) for that purpose; and the seal of the Supreme or Provincial Court (as the case may be) may be substituted for any other seal, and in case any difficulty occurs in the application it shall be lawful for a Secretary of State to direct by, to, or before whom and in what manner anything is to be done, and such Act, Law, Order, Form, Regulation, or procedure shall be construed accordingly.

Where under any such Imperial Act, Law, or Order any publication is re- quired to be made, as respects any judicial proceeding in any "Gazette" or other- wise, such publication shall in China or Corea be made in such newspaper or by such other mode as the Court shall think fit to direct.

Jurors and Assessors,

32(1.) Every male resident British subject-being of the age of 21 years or upwards-having a competent knowledge of the English language-having or earning a gross income at such rate as may be fixed by Rules of Court-not having been attainted of treason or felony, or convicted of any crime that is in- famous (unless he has obtained a free pardou),—and not being under ontlawry,- shall be qualified to serve on a jury.

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