664960-1887-Foreign-Jurisdiction-Acts-1843-to-1878 — Page 5

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THE HONGKONG GOVERNMENT GAZETTE. 6TH AUGUST, 1887.

2. In this Order-

The expression, the "China and Japan Orders in Council," means the following:---

The China and Japan Order in Council, 1865, as amended by the Orders in Council, dated

the 13th May, 1869, and the 30th April, 1877;

The Orders in Council of the 19th June, 1868, and the 21st July, 1876, relating to Consular

fees;

The China and Japan Maritime Order in Council, 1874;

The China and Japan Order in Council, 1878;

The China and Japan Order in Council. 1881:

*

The Shanghae Shipping Registry Order in Council, 1883;

and any Order in Council amending or extending this or any of the above-mentioned Orders in Council.

The expression "Corea

means the dominions for the time being of the King of Corea, including

the territorial waters thereof.

Other expressions to which meanings are assigned by the China and Japan Orders in Council have the same meanings in this Order unless the subject or context otherwise requires.

In the China and Japan Orders in Council, and in this Order, the expression "British subject " shall include a British-protected person in so far as by Treaty, Capitulation, grant, usage, sufferance, or other lawful means Her Majesty has jurisdiction in relation to such persons in China, Japan, and Corea respectively.

This Order may be cited as the China, Japan, and Corea Order in Council, 1884.

3. Any person, for the time being, acting as Consul-General, Consul, or Vice-Consul holding Her Majesty's commission for Corea or any part thereof, or any persou acting temporarily with the approval of a Secretary of State, or in case of emergency appointed temporarily by or acting with the approval of Her Majesty's Minister for Corea, as and for a Consul-General, Consul, or Vice-Consul as aforesaid, shall, in and for such district as may be assigned by his commission or appointment, or as may be so approved, hold and form a Court for the purposes of this Order.

4. For the purposes and subject to the provisions of this Order—

(1.) All Her Majesty's jurisdiction exercisable, for the time being, in Corea, under the Foreign Jurisdiction Acts, shall be exercised by a Court acting under this Order.

(2.). Such jurisdiction shall be exercised under and in accordance with the provisions of the China and Japan Orders in Council, and of any Rules and Regulations made under the authority thereof, and for the time being in force, so far as the same are applicable, as if in those provisions expressions referring to Japan, or to any Government, Sovereign, person, thing, or matter in or relating to Japan, referred also mutatis mutandis to Corea, and to the corresponding Government, Sovereign, person, thing, or matter in or relating to Corea; and for the purposes of the said Orders in Council, Rules, and Regulations as applied by this Order, a Court acting under this Order shall be deemed to be a Provincial Court.

(3.) All powers and jurisdiction, whether original, appellate, or anxiliary, which can, under the said Orders, be exercised by the Supreme Court at Shanghae, or any Judge thereof in relation to Japan, or any district thereof, or Provincial Court therein, shall be exercisable in relation to Corea, and any District or Provincial Court therein.

5. The powers and jurisdiction exercisable under this Order, or under the said Orders in Council, as applied to Corea, shall, in relation to Corea, be exercised subject to the provisions of the Treaty dated the 26th November, 1883, between Her Majesty and the King of Corea, and to the Regulations and Protocol appended to the said Treaty, and to the provisions of any other Treaty for the time being in force between Her Majesty and the King of Corea, and the provisions of the said Treaty, Regulations, and Protocol shall have effect as if incorporated in this Order.

6. Where, by virtue of any Imperial Act, or of any of the China and Japan Orders in Council, or this Order, or otherwise, any provisions of any Imperial Acts, or of any Orders in Council other than this Order, are applicable in China, Japan, or Corca, or any forms, Regulations, or procedure prescribed or established by or under any such Order or Act, in relation to any matter, are made applicable for any purpose of any of the China or Japan Orders in Council, or of this Order, such Acts, Orders, forms, Regulations, or procedure shall deemed applicable, so far only as the constitution and jurisdiction of the Courts and the local circumstances permit; and for the purpose of facilitating their application, they may be construed, or used with such alterations and adaptations not affecting the substance as may be necessary, and anything required to be done by or to any Court, Judge, officer, or authority be done by or to a Court, Judge, officer, or authority having the like or analogous functions; and the seal of the Consular Court may be substituted for any seal required by any such Act, Order, form, Regulation, or procedure, and in case any difficulty occurs in the application of any such Act. Order, form, Regulation, or procedure, it shall be lawful for a Secretary of State to direct by and to whom and in what manner anything to be done under such Act, Order, or Regulation, is to be done, and such Act or Order shall, in its application to matters arising under the China and Japan Orders in Council, or this Order be construed accordingly.

may