715073-1865-GOVERNMENT-NOTIFICATION-NO-92 — Page 11

382

THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.

,

XV.-FOREIGNERS. FOREIGN TRIBUNALS.

117. Where a foreigner desires to institute or take any suit or proceeding of a civil nature against a British subject, the Supreme or other Court, according to its jurisdiction, may entertain the same, and where any such suit or proceeding i entertained shall hear and determine it according to the provisions of this Order and of the Rules made under it applicable in the case, either by the Judge, Assistant Judge, Law Secretary, or proper Consular Officer sitting alone (or with Assessors when the case so requires), or, if (in any case where a trial with a jury may be had under this Order) all parties desire, or the Court thinks fit to direct, a trial with a jury, then, but not otherwise, by the Judge, Assistant Judge, Law Secretary, or proper Consular Officer, with a Jury.

any other

118. Where it is shown to any of Her Majesty's Courts that the attendance of a British subject to give evidence, or fir

purpose connected with the administration of justice, is required in a Chinese or Japanese Court, or before a Chines or Japanese judicial officer, or in a Court or before a judicial officer in China or Japan of any State in amity with Her Majesty, the Court may, in cases and under circumstances which would require the attendance of that British subject before. one of Her Majesty's Courts in China or Japan and if it seems to the Court just and expedient so to do, make an order for th attendance of the British subject in such Court or before such judicial officer and for such purpose as aforesaid, but so that a Provincial Court shall not have power to make an order for such attendance of a British subject at any place beyond the particular jurisdiction of the Court.

Any British subject, duly served with such an order and with reasonable notice of the time and place at which his attendance is required, failing to attend accordingly and not excusing his failure to the satisfaction of the Court making the order, shall be liable to a fine not exceeding 500 dollars, or to imprisonment for any term not excceding one month, in the discretion of the Court.

XVI. APPEAL TO SUPREME COURT.

119.-Where any

I-IN CIVIL CASES.

decision of a Provincial Court, sitting with or without Assessors, is given in a civil case in respect of a sum or matter at issue of the amount or value of 250 dollars or upwards, or determines, directly or indirectly, any claim or question respecting property of the amount or value of 250 dollars or upwards, any party aggrieved by the decision may apply to the Provincial Court for leave to appeal to the Supreme Court, and shall be entitled to leave on the terms prescribed by the rules made under this Order, and subject to any restrictions and exceptions therein contained.

In any other case the Provincial Court may, if it seems just and expedient, give leave to appeal on like terms. In any case the Supreme Court may give leave to appeal on such terms as seem just.

IL-IN CRIMINAL CASES.

120. Where any person is convicted otherwise than in a summary way of a crime or offence, the Court or Officer trying the case may, if it seems fit, reserve for the consideration of the Supreme Court any question of law arising on the trial.

The Court or Officer shall then state a special case, setting out the question reserved, with the facts and circumstances on which it arose, and shall send the case to the Supreme Court.

121. Where any person is convicted in a summary way of a crime or offence, and is dissatisfied with the conviction as being erroneous in point of law, the Court or Officer trying the case may, on his application in writing, and on compliance by him with any terms prescribed by the Rules made under this Order, state a special case, setting out the facts and the grounds of the conviction, for the opinion of the Supreme Court, and send it to that Court.

122. Where a special case is stated, the Court or Officer stating it shall, as seems fit, either postpone judgment on the conviction, or respite execution of the judgment, and either commit the person convicted to prison, or take proper security for him to appear and receive judgment or to render himself in execution (as the case may require) at an appointed time and place. 123. The Supreme Court shall hear and determine the matter, and thereupon shall reverse, affirm, or amend the judgmen". conviction or sentence in question,--

--or set aside the same, and order an entry to be made in the minutes of proceedings to the effect that in the judgment of the Supreme Court the person convicted ought not to have been convicted,– judgment,- --or order judgment to be given at a subsequent sitting of the Court or Officer stating the case,- other order as justice requires,--and shall also give all necessary and proper consequential directions.

-or arrest the -or make such

124. The judgment of the Supreme Court shall be delivered in open court after the public hearing of any argumezi offered on behalf of the prosecution or of the person convicted.

125. Before delivering judgment, the Supreme Court may, if necessary, cause the special case to be amended by the Court or Officer stating it.

*

126. If on an application for a special case, on a summary conviction, it seems to the Court or Officer that the application is merely frivolous, but not otherwise, the Court or Officer may refuse to state a case.

A Court or Officer so refusing shall forthwith send to the Supreme Court a report of the sentence, with a copy of the minutes of proceedings and notes of evidence, and any observations the Court or Officer thinks fit, and with a copy of t application for a special case.

The Supreme Court shall examine the report and documents so sent, and, unless the Supreme Court is of opinion that the application was merely frivolous, shall on the application in that behalf of the appellant, if made within one month at the refusal of a special case, proceed to hear and determine the matter according to the foregoing provisions, as nearly as 1A) be as if a special case had been stated.

XVII.-RULES OF PROCEDURE.

127. The judge of the Supreme Court may, from time to time, frame Rules for any purpose for which it is before in th Order expressed or implied that Rules of procedure or practice are to be made, and also for the regulation of procedure pleading, forms of writs, and other proceedings, expenses of witnesses and prosecutions, costs and fees, in civil and in eri cases, in the Supreme Court and other Courts, including the regulation of cross-suits and the admission of counter-cls and the regulation of proceedings thereon, and for the regulation of appeals to the Supreme Court from the other Courts, civil and in criminal cases, and of rehearings before the Judge of the Supreme Court, and may thereby impose penalties.

reason

Rules affecting the conduct of civil suits shall be so framed as to secure, as far as may be, that cases shall be decided their merits according to substantial justice without excessive regard to technicalities of pleading or procedure and wit unnecessary delay.