6582-1907-China-and-Corea-Amendment-Order-in-Council-1907 — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, JUNE 7, 1907.

8. The following Article shall be substituted for Article 108 of the Principal Order :- If any person named executor in a will takes possession of, and administers or otherwise deals with any part of the property of the deceased, and does not obtain probate within one month after the death or after the termination of any proceedings respecting probate or administration, he shall be liable to pay double the amount of any fees chargeable on obtain- ing probate, and he shall also be liable to a fine not exceeding one hundred pounds.

9. Article 112 of the Principal Order shall be amended by the substitution of the sum of one hundred pounds for the sum of fifty pounds therein mentioned.

10. Any person desirous of levying a distress for rent may apply to the Court to appoint a bailiff to levy such distress, and the Court may thereupon, and upon the applicant giving sufficient security to answer for any misconduct on the part of such bailiff, appoint a person to act as bailiff to levy such distress.

11. The following Articles shall be subsituted for Article 114 of the Principal Order :- (1.) Any party to an action in the Supreme Court, other than an Admiralty action, or to an appeal to the Supreme Court, aggrieved by the decision of that Court or by the verdict of a jury, may move the Supreme Court to rehear such action or appeal.

(2.) The motion shall be heard by the full Court unless the Judge of the Supreme Court otherwise orders,

(3.) On such motion the Supreme Court may make any order that may be made by the Court of Appeal in England in the exercise of its ordinary appellate jurisdiction.

(4.) An application for a rehearing shall be made within the prescribed time.

12. The following provision shall be substituted for Article 151 (1) of the Principal Order:-

(1.) Where a foreigner desires to institute or take in the Court an action against a British subject, or a British subject desires to institute or take in the Court an action against a foreigner the Court shall entertain the same, and the action shall be heard and determined either by the Judge sitting alone or, if all parties consent or the Court so directs, with a jury or assessors, but in all other respects according to the ordinary procedure of the Court.

13. The following provision shall be substituted for Article 155 (3) of the Principal

Order:-

Any person committing a breach of any such Regulations shall, on conviction, be liable to the punishment, forfeiture, or fine therein prescribed, or if no such punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment, with or without hard labour, for a period not exceeding three months, or to a fine, or to both. Regulations imposing penalties shall be so framed as to allow in every case of part only of the highest penalty being imposed. 14. The following Article shall take effect instead of Article 157 of the Principal Order

King's Regulations and municipal Regulations made or adopted under Articles 155 and 156 of the Principal Order shall not have effect unless and until they are approved by Secretary of State, save that in case of urgency declared in any such Regulations, the same shall take effect before that approval, and shall continue to have effect unless and until they are disapproved by a Secretary of State, and until notice of that disapproval has been received and published by the Minister.

15. Every Consular officer shall, as far as there is proper opportunity, promote recon- ciliation 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 Corea.

16. "The China, Japan, and Corea (Patents) Order in Council, 1899," "The China. and Corea (upreme Court) Order in Council, 1900," and the following Articles of the Principal Order are hereby repealed, viz.: Articles 27, 69, 75, 84, 108, 114, 151 (1), 155 (3), 157; but this repeal shall not (a) affect the past operation of such Orders or such Articles, or any right, title, obligation, or liability thereunder, or (b) interfere with the institution or prosecution of any legal proceedings thereunder.

And the Right Honourable Sir Edward Grey, Bart., one of His Majesty's Principal. Secretaries of State, is to give the necessary directions herein.

A. W. FITZROY.