62
Application
of English law.
Assessors
WEI-HAI-WEI ORDER IN COUNCIL.
Provided as follows:
(1) The High Court shall have concurrent jurisdiction in every such district, and may order any case, civil or criminal, pending before a Magistrate to be removed into the High Court, whether sitting in the district or elsewhere.
(2) A Magistrate, unless he is a European British subject, shall not have jurisdiction to hear or determine any case in which any accused person or defendant is not a native.
19. Subject to the other provisions of this Order the criminal and civil jurisdiction of the Court shall, as far as circumstances admit, be exercised on the principles of and in conformity with the Statute Law and other law for the time being in force in England, and with the procedure and practice of Courts of Justice and Justices of the Peace in England, according to their respective jurisdiction and authority.
For the purpose of facilitating the application of such Statute Law, the Court may construe any enactment with such alterations and modifications not affecting the substance as may be necessary to meet the circumstances of the said territories.
Except as regards acts which are or may be made offences by this or any other Order in Council applying to the said territories, or by any laws or regulations made thereunder, such acts only as would be offences if committed in England shall be deemed to be offences rendering the person committing the same liable to punishment.
Provided that in civil cases between natives the Court shall be guided by Chinese or other native law and custom, so far as any such law or custom is not repugnant to justice and morality.
Subject to the provisions of this Order and of any Ordinance made under this Order, the High Court may make rules of Court with respect to procedure in all criminal and civil matters in the High Court and in Magistrates' Courts.
20.-(1) When a native is a party to any case, criminal or civil, the Court, if it thinks fit, may try the case with two assessors.
where native a party to suit.
Application of English law of punishment.
(2) An assessor shall be a native, having a competent knowledge of Chinese law and custom, nominated and summoned or requested by the Court to act as assessor.
(3) An assessor shall not have any voice in the decision of the Court, but his opinion, whether consenting or dissenting, shall be recorded in the Minutes.
PART IV.-CRIMINAL MATTERS.
21.-(1) The High Court may award any such punishment as may be awarded by any Court of criminal jurisdiction in England for the time being.
62
Application
of English law.
Assessors
WEI-HAI-WEI ORDER IN COUNCIL.
Provided as follows:
-:
(1) The High Court shall have concurrent jurisdiction in every such district, and may order any case, civil or criminal, pend- ing before a Magistrate to be removed into the High Court, whether sitting in the district or elsewhere.
(2) A Magistrate, unless he is a European British subject, shall not have jurisdiction to hear or determine any case in which any accused person or defendant is not a native.
19. Subject to the other provisions of this Order the criminal and civil jurisdiction of the Court shall, as far as circumstances admit, be exercised on the principles of and in conformity with the Statute Law and other law for the time being in force in England, and with the procedure and practice of Courts of Justice and Justices of the Peace in England, according to their respective jurisdiction and authority.
For the purpose of facilitating the application of such Statute Law, the Court may construe any enactment with such alterations and modi- fications not affecting the substance as may be necessary to meet the circumstances of the said territories.
•
Except as regards acts which are or may be made offences by this or any other Order in Council applying to the said territories, or by any laws or regulations made thereunder, such acts only as would be offences if committed in England shall be deemed to be offences rendering the person committing the same liable to punishment.
Provided that in civil cases between natives the Court shall be guided by Chinese or other native law and custom, so far as any such law or custom is not repugnant to justice and morality.
Subject to the provisions of this Order and of any Ordinance made under this Order, the High Court may make rules of Court with respect to procedure in all criminal and civil matters in the High Court and in Magistrates' Courts.
20.-(1) When a native is a party to any case, criminal or civil, the where native Court, if it thinks fit, may try the case with two assessors.
a party to suit.
Application of English law of pun- ishment.
(2) An assessor shall be a native, having a competent knowledge of Chinese law and custom, nominated and summoned or requested by the Court to act as assessor.
(3) An assessor shall not have any voice in the decision of the Court, but his opinion, whether consenting or dissenting, shall be recorded in the Minutes.
PART IV.-CRIMINAL MATTERS.
21.-(1) The High Court may award any such punishment as may be awarded by any Court of criminal jurisdiction in England for the time. being.
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