674161-1884-Government-Notification-No-341 — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, 20TH SEPTEMBER, 1884.

GOVERNMENT NOTIFICATION.-No. 341.

The following Order in Council, together with the Notice in the London Gazette of July 8th, 1884, for carrying the same into effect, is published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 20th September, 1884.

AT THE COURT AT WINDSOR,

The 26th day of June 1884.

PRESENT,

FREDERICK STEWART,

Acting Colonial Secretary.

THE QUEEN'S MOST EXCELLENT MAJESTY

LORD PRESIDENT

LORD STEWARD

SECRETARY SIR WILLIAM VERNON HARCOURT

MR. GLADSTONE

Whereas, by Treaty and otherwise, Her Majesty the Queen has power and jurisdiction within China and Japan and the dominions of the King of Corea :

Now, Therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Acts, 1843 to 1878, and otherwise in her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

and

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

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;

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 person 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 Pro- vincial Court.

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