664960-1887-Foreign-Jurisdiction-Acts-1843-to-1878 — Page 19

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THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.

47.-(a.) If a clerk or officer of any such Court, acting under pretence of the process or authority of the Court, is charged with extortion, or with not paying over money duly levied, or with other mis- conduct, the Court may, if it thinks fit, inquire into the charge in a summary way, and may for that purpose summon and enforce the attendance of all necessary persons as in a suit, and may make such order for the repayment of any money extorted, or for the payment over of any money levied, and for the payment of such damages and costs as the Court thinks fit.

(b.) The Court may also, if it thinks fit, on the same inquiry, impose on the clerk or officer such fine, not exceeding 50 rupees for each offence, as the Court thinks fit.

(c.) A clerk or officer punished under this Article shall not, without the leave of the Court, be liable to a civil suit in respect of the same matter: and any such suit, if already or afterwards begun,

be stayed by the Court in such manner and on such terms as the Court thinks fit.

may

any

(d.) Nothing in this Article shall be deemed to prevent any person from being prosecuted under other law for any act or omission punishable under this Article, or from being liable under that other law to any higher punishment or penalty than that provided by this Article. Provided that no person shall be punished twice for the same offence.

PART XII-GENERAL.

Savings.

48.-(a.) The repeal of the Orders in Council repealed by this Order, or any other thing in this Order, shall not-

(i.) Affect the past operation of any of the repealed Orders, or any appointment made, or any right, title, obligation, or liability accrued, or the validity or invalidity of anything done or suffered, under any of those Orders before the making of this Order;

(ii.) Interfere with the institution or prosecution of any proceeding or suit, criminal or civil, in respect of any offence committed against, or forfeiture incurred, or liability accrued under, or in consequence of any provision of the repealed Orders, or any regulation made there- under;

(iii.) Take away or abridge any protection or benefit given or to be enjoyed in relation thereto. (b.) Notwithstanding the repeal of the Orders in Council aforesaid, or any other thing in this Order, every regulation, appointment, and other thing in this Article mentioned shall continue and be as if this Order had not been made, but so that the same may be revoked, altered, or otherwise dealt with under this Order, as if it had been made or done under this Order.

49. Nothing in this Order shall deprive any of Her Majesty's Consular officers of the right to observe, and to enforce the observance of, or shall deprive any person of the benefit of, any reasonable custom existing in Zanzibar, unless this Order contains some express and specific provision incompa-. tible with the observance thereof.

50. Nothing in this Order shall---

(i.) Affect any power or jurisdiction conferred by, or referred to in, the Act of the Governor- General of India in Council, entitled, "The Foreign Jurisdiction and Extradiction Act, 1879"(Act XXI. of 1879):

(ii.) Affect any jurisdiction for the time being exercisable by Her Majesty's Agent and Consul- General at Zanzibar under any Act of the British Parliament other than the Foreign Jurisdiction Acts, 1843 to 1878; or

(iii.) Prevent any of Her Majesty's Consular officers in Zanzibar from doing anything which Her Majesty's Consuls in the dominions of any other State in amity with Her Majesty are for the time being by law, usage, or sufference entitled or enabled to do.

Pending Proceedings.

51. Criminal or civil proceedings begun under any Order in Council repealed by this Order, and pending at the commencement of this Order, shall, from and after that time, be regulated by the pro- visions of this Order, as far as the nature and circumstances of each case admit.

Confirmation of past Proceedings.

52.-(a.) All judicial acts done by a Vice-Consul or other officer in Zanzibar before the passing of this Order, acting by the direction or with the approval of the Consul-General in Zanzibar, shall be deemed to be, and to have always been, as valid to all intents as if they had been done by the Consul General.

(b.) All judicial acts done by the Consul-General, or a Vice-Consul, or other officer in Zanzibar before the passing of this Order, in relation to any matter or question in which the complainant was a Zanzibar subject, and the defendant was a British subject, shall be deemed to be, and to always have been, as valid and effectual in law as if they had been done after the commencement of this Order.