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THE HONGKONG GOVERNMENT GAZETTE, 6TH AUGUST, 1887.
Every person for the time being holding Her Majesty's Commission as a Consul-General, or Vice- Consul, or acting in any of such capacities by the authority of a Secretary of State, shall, when a district has been assigned to him under the Article, hold and form a Consular Court under this Order, in and for such district, within the limits of this Order, and at such place or places within such district, and subject to such limitations or restrictions (if any) as to the exercise of the powers' and jurisdiction conferred by this Order as a Secretary of State by any general or particular instructions from time to time directs.
In case Her Majesty is pleased to direct the appointment of a person not holding such Commission, or acting as aforesaid, to perform as a Judge or Judicial Officer or Commissioner in or for any district, place, or region to which this Order applies, all or any of the judicial powers or jurisdictions by this. Order vested in a Consular Court, a person so appointed by authority of a Secretary of State, in such form as the Secretary of State directs, shall in like manner hold and form a Court, and for the purposes of, and subject to, any limitations contained in his appointment shall have all the same powers and jurisdiction which under this Order can be exercised by a Consular Court, and shall be removable by authority of a Secretary of State; and it shall be lawful for a Secretary of State, by any such appointment or otherwise, to make provision for assigning to such Judge or Judicial Officer or Com missioner, and to any person acting as Consul-General, Consul, or Vice-Consul for the same district, place, or region, or any part thereof, respectively, such of the powers or jurisdictions exercisable under this Order, to be exercised by them either separately or concurrently as the Secretary of State from: time to time directs, and under such description or designation as he directs.
Throughout this Order the expressions "Consular Courts" or "Court," or "Consul" or "Judge”. (when used in relation to a Consular Court), mean a Consul-General, Consul, Vice-Consul, or other Judge, Judicial Officer, Commissioner, or person exercising power or jurisdiction under this Article; and expressions referring to the district of a Consular Court refer to a district assigned under this Article, or for or within which any person is appointed to act under this Article.
The jurisdiction hereby conferred shall extend to the persons and matters following, insofar as by Treaty, capitulation, grant, usage, sufferance, or other lawful means Her Majesty has jurisdiction in relation to such persons and matters, that is to say :-
(1.) All persons within the limits of this Order who are British subjects by birth or natura-
lization, or are otherwise for the time being subject to British law.
(2.) All persons properly enjoying Her Majesty's protection within the said limits.
(3.) The property and all personal or proprietary rights and liabilites within the said limits of any such persons as before mentioned, or situate for the time being within the said limits, and belonging to British subjects, or protected persons, although such subjects or persons may not be within the said limits.
(4.) All other persons, whether natives of Africa or not, and whether subjects of
any non-African Power or not, who submit themselves to the jurisdiction, and who give such security as the Consular Court requires for obedience to the Order of the Court.
(5.) British ships, with their boats, and the persons and property on board thereof, or belonging thereto, being on the coasts or in the harbours or waters of any country or place within the limits of this Order.
(6.) Natives of Africa, being subjects of any native King or Chief, who by Treaty or otherwise,
consents to their being subject to the jurisdiction.
5.-(1.) In cases of murder or manslaughter, if either the death or the criminal act which wholly or partly caused the death happened within the jurisdiction of a Court acting under this Order, such Court shall have the like jurisdiction over any British subject who is charged either as the principal offender or as accessory before the fact to murder, or as accessory after the fact to murder or manslaughter, as if both such criminal act and the death had happened within such jurisdiction.
(2.) In the case of any crime committed on the high seas, or within the Admiralty jurisdiction, by any British subject on board a British ship, or on board a foreign ship to which he did not belong, a Court acting under this Order shall have jurisdiction as if the crime had been committed within the district of such Court. In cases tried under this Article no different sentence can be passed from the sentence which could be passed in England if the crime were tried there.
(3.) The foregoing provisions of this Article shall be deemed to be adaptations, for the purposes. of this Order and of The Foreign Jurisdiction Act, 1878," of the following enactments described in the first schedule to that Act (that is to say) :--
"The Admiralty Offences (Colonial) Act, 1849."
"The Admiralty Offences (Colonial) Act, 1860."
"The Merchant Shipping Act, 1867," section 11.
And the said enactments shall, so far as they are repeated and adapted by this Article (but not further or otherwise), extend to all places within the limits of this Order.
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