CHINA ORDER IN COUNCIL.
(4) Foreigners, with respect to whom any State, King, Chief, or Government, whose subjects, or under whose protection they are, has by any Treaty as herein defined or otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty.
(5) British ships with their boats, and the persons and property on board thereof, or belonging thereto, being within the limits of this Order.
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6. All His Majesty's jurisdiction exercisable in China for the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, and not otherwise.
29. Any of His Majesty's Courts in China may cause any summons, order, or judgment issuing from the Supreme Court of Hongkong, in any civil proceeding, and accompanied by a request in writing under the seal of that Court, to be served in China or Corea.
50. Where a British subject is accused of an offence the cognizance whereof appertains to any Court established under this Order, and it is His Majesty's expedient that the offence be inquired of, tried, determined, and punished in a British possession, the accused may (under the Foreign Jurisdiction Act, 1890, section 6) be sent for trial to Hongkong or to Burma; and the Supreme Court of Hongkong and the Sessions Court at Mandalay shall respectively be the authorised Courts for the purposes of that enactment.
The Court may, where it appears so expedient, by warrant under the hand of a Judge and the seal of the Court, cause the accused to be sent for trial to Hongkong or to Mandalay accordingly.
The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Hongkong or Mandalay, according to the warrant.
Where any person is to be so sent to Hongkong or to Burma, the Court before which he is accused shall take the preliminary examination, and, if it seems necessary and proper, shall bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.
51.-(1) If a British subject, having appeared as prosecutor or witness at a preliminary examination, refuses to enter into a recognizance to appear at the trial to prosecute or give evidence, the Court may send him to prison, there to remain until after the trial, unless in the meantime he enters into a recognizance.
CHINA ORDER IN COUNCIL.
(4) Foreigners, with respect to whom any State, King, Chief, or Government, whose subjects, or under whose protection they are, has by any Treaty as herein defined or otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty.
(5) British ships with their boats, and the persons and property on board thereof, or belonging thereto, being within the limits of this Order.
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6. All His Majesty's jurisdiction exercisable in China for the hearing Exercise of and determination of criminal or civil matters, or for the maintenance of jurisdiction. order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, and not otherwise.
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29. Any of His Majesty's Courts in China may cause any summons, Process of
Supreme order, or judgment issuing from the Supreme Court of Hongkong, in any Court of civil proceeding, and accompanied by a request in writing under the seal Hongkong. of that Court, to be served in China or Corea.
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50. Where a British subject is accused of an offence the congnizance Trial before whereof appertains to any Court established under this Order, and it is Court in His
Majesty's expedient that the offence be inquired of, tried, determined, and punished dominions. in a British possession, the accused may (under the Foreign Jurisdiction Act, 1890, section 6) be sent for trial to Hongkong or to Burma; and the Supreme Court of Hongkong and the Sessions Court at Mandalay shall 53 & 54 Vict. respectively be the authorised Courts for the purposes of that enactment. c. 37.
The Court may, where it appears so expedient, by warrant under the hand of a Judge and the seal of the Court, cause the accused to be sent for trial to Hongkong or to Mandalay accordingly.
The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him to and deliver him up at Hongkong or Mandalay, according to the
warrant.
Where any person is to be so sent to Hongkong or to Burma, the Court before which he is accused shall take the preliminary examination, and, if it seems necessary and proper, shall bind over such of the proper witnesses as are British subjects in their own recognizances to appear and give evidence on the trial.
51.-(1) If a British subject, having appeared as prosecutor or witness Refusal to at a preliminary examination, refuses to enter into a recognizance to enter into
recognizance. appear at the trial to prosecute or give evidence, the Court may send him to prison, there to remain until after the trial, unless in the meantime he enters into a recognizance.
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