WEI-HAI-WEI ORDER IN COUNCIL

WEI-HAI-WEI ORDER IN COUNCIL

PART Ill,

OIRDERS IN COUNCAIL TO

1-Wei=hai=Wei Order in Council, 1901.
2.-China Order- in Council, 1904, -arts. 2 to 6, 29, 50 to 52, 66, 80 to 84, 88,
123, 124, 131, 136, 168.

(Amendment) Order in Council, 1907.

Letters Patent, 1866,

I-China (Amendment) Order in Conicil, 1910.

4.-China (Shipping Registry) Order in Council, 19.34.





1-WEI-HAI-WEI ORDER IN COUNOIL.

At the Court at St. James's, the 24th day of July, 1901.

PRESENT:

The King's Most Excellent Majesty.
WHEREAS it is expedient to make provision for the exercise of the
powersand judsdiction vested by Treaty in His Majesty the King in and
over the parts of China within the limits of this O;.der:
NoW, THERFFORE, His Majesty, by virtue of flic powers in this behalf
by the Foreign Jurisdiction Act, 1h90, andin him vested,
is pleased by and with the advice of His Privy Council to order, and it
is hereby ordered as follows:-

PART L-PRELIMMARY.

1. The limits of this Order are the Island of Liu Kung, all the
islands in the Bay of Wei-hai-Wei, and a belt of land 10 English miles
wide along the entire coast line of the Bay of Wei-hai-wai as has been
or shall be hereafter delimited. includim. the territorial waters of tbe
said islands and coast.
Provided that if, and wbensoever, any delimitation of territory is
agreed upon between His Majesty's Government and the Government of
China, whether the game extends or diminishes such belt of 10 miles,
the Commissioner shall by proclamation give publie notice thereof, and
thereupon the limits described in such prochunation shall be the limits
of this Order.
All territories and places within the limits of this Order are in this
Order referred to as---the said territories
2. In this Order,--
Secretary of State '~ means one of His Principal
Secretaries of State.
Judge ' includes Acting Judge and also the Commissioner or

Acting Commissioner, when sitting as Judge.

Supreme Court means His Majesty's Supreme Court for
Hongkong.
Native' means any person of Chinese birth or parentage, not
being- r a British subject
r
Master with respect to any ship includes any person (except a
pilot) having command or charge of that ship.
Month ' means calendar month.
Oath ' and ' affidavit ' in case of persons for the time being
allowed by law to affidavit or declare. instead of swearing,
include airmation and declaration.' and the expression
swear' in like case, includes affirm and declare.





' Offence ' includes any crime and any act or omission punishable
criminally in A summary way or otherwise.
' Ship ' includes any vessel used in navigation, however pro-
pelled, with her tackle, furniture, and apparel and any boat
or other craft.
Expressions used in any ordinances, rules, regulations, or orders made
under this Order shall, unless a contrary intention appears, have the
same respective meanings as in this Order.
Words importing the plural or the singular inay be construed as
referring to one person or thing, or to more, and words iniporting the

masculine as referring to the feminine (as the case may require).

PART 11.-ADMINISTLIATIVF AND LEGISLATIVE.
3.-(1) There shall be a Commissioner (hereinafter referred to as the
Commissioer) in and over the said territories, and the person who shall
fill the, said office of Commissioner shall be from time to time ipponinted
by Conimission under His Majesty's Sign Manual and Signet.
(2) In the event of the death, incapacity removal or absence from
the said territories of the Commissioner for the tinic being, all and every
the powers ind authorities by this Order g, ranted to him shall, until His
Majesty's further pleasure is signified therein, to vested in such person
as may be appointed . to administer the same by any instrunient under
His Majesty's Sign Manual and Signet, or, if there be not in the said
territories any person so appointed, then in the Senior Military Officer
for the time being in command of His Majesty's forces within the said
territories.
(3) The Commissioner shall administer the Government of the said
territories in the name and on behalf of His Majesty, and shall do
and execute in due manner all thino.s that shall belong to the trust
thereby reposed in him according to the several powers and authorities
granted or appointed to him by virtue of this Order and of his Commis-
sion, and accordiny to such instructions as may from time to tinic be
given to him under His Majesty's Sign Manual and Signet, or by Order
of His -Majesty in Council, or iiy His Majesty through a Scerctary of
State, and -according to such laws as are or shall hereafter be in force in
the said territories.
4. The Conimissionet shall have an official seal, bearing the style of.
his office, and such device as a Secretary of State from tinie to titne
approves, and such seal shall be deemed the public seal of the said ter-
ritories, and may be kept and used by the Commissioner for the scaling
of all things whatsoever that shall pass the public seal. And, until a

public seal shall be provided, the seal of the Commissioner may be used
as the public seal.





5. The Commissioner may make and execute in His Majesty's name
and ou his behalf, under the public seal, grants and dispositions of any.
lands which may be lawfully granted or disposed of by His Majesty
within the said territories.
6. The Commissioner inay, as lie shall see occasion, in His Majesty's
namc and on his behalf, grant to any offender cotivicted of any crime in
any Court or before any Judge or Magistrate within the said territories,
a iree and unconditional pardon, or a pardon subject to such conditions
as may be lawfully there-mito annexed, or any respite of the execution of
the sentence of any such offender for stich period as to him may seein fit.
7. The Commissioner may, as he shall see occasion, in His Majest's
name and on his behalf, remit any fines, penalties, or forfeitures which
may accrue or become payable to His Majesty.

8 A Secretary of State jor the Commissiioner, subject to the directions
of aof State, may, behalf of His Majestly appoint for the.
adminiStration of the said territories. such office-s tinder such
designations as he, may think fit, and mav preseribe their duties.
The Commissioner may, upon sufficient to him appearing. suspend
from the exercise of his office within the said territories any person exercis-
ing the same, which suspension shall continue and have effect only until
His Majesty's pleasure therein shall be made know and Signified to the
Commissioner. And in proceeding to any such suspension, he Shall
observe the directions in that behalf given to him by such instructions as
may liereafter be addressed to him by a Secretary of State.
9.-(1) The Commission.er may make and proclaim Ordinances for
the peace. order and good government of the said territories and of all
persons within the same.
(2) Under this Article any of the Laws and Ordinances of Rongkong
may be applied to the said territories with such modifications and,
adaptations as circumstances may require.
(3) Every such Ordinance shall forthwith be transmitted tD the
Secretary of State unless it has been previously ,pproved by hini.
(4) Every such Ordinance shall, from and after the Proclamation
thereof, ot, such other date as may be fixed by the Ordinance, have the
force of law, unless the disallowance of such Ordinance by His Majesty
shall within the space of one year after such Proclamation, be signified
to tbe Commissioner by the Secretary of State.
* (5) Every Ordinance which shall be disallowed by His Majesty shall
cease to be of any force or effect so soon as the disallowance thereof shall
be published by the Commissioner.
10. Every Ordinance, Proclamation, orother public Notification under
this Order shall be published in such inanner as the Commissioner ntay
direct. 1





11. Anything in tlAs Order to the conirary notwithstanding, all natives
resident within the walled city of Wei-liai-Wel shall coiltinue to be
under the Jurisdiction of Chinese officials so far as such jurisdic-
tiou may lie inconsistent with the naval and military requirements of His
Majesty, or with the peace, order, and good goverilinent of the said
territories.

PART III JUDICAL
12. There shall be and tbere is herebY established in and for the said
territories a Court styled His Majesty's Court of in this
Order referred to as 'the Court'.
Until a Judge. is appointed the High Court shall be held and con-
stituted bY tile Commissioner, and thereafter by the Commissioner or
the Judge, or by both sitting together.
The High Court shall be a Court.

13 His Majesty my from time to time appoint a Judge under His
Sign Mainual.
He shallbe a membere of the Bar of Evgland, Scotland, or Ireland.
In case of illness of theJudge,or of hsi absence form th esaid territories
or from the place where the High Court usually sits, ao in any other
emergency, the Commissioner may temporaily appoint a person who
has held judicial oflice in His Majesty's service, or otherwise has legal
knowledge and experience, to be Acting Judge.

14.-(l) The SeeretarY of State may appoint for any district or
districts of the said territorie., a Magistrate or Magistrates each of whoni
shall hold a Court.
(2) The Court of a Magistrate is in this Order included in the term ' the
Court ', unless the context implies a reference to the High Court only.

15. Subi ect to the directions of the Secretary of and to flie
provisions of Ilne Order, theinny from tline to time appoint
such and so many persons to be clerks, bailiffs, interpreters,
and offier officers of the Court as lie thinks ft, and may prescribe their
duties, and may remove from office an,y person so appointed.

16.. All jurisdiction, criminal and civil, over all persons and in all
cases respectively being and arising within the territories, shall subject
to and according to the provisions of this Order, be vested in the High
17. The, High Court may sit at ally place in the said territories as-
occasion requires.

18. The whole or any part of the jurisdiction and authority of the
High, Court for or in respect of any district may, subject to the provisions
of this Order, and of any Ordinance hidde thereunder, be exercised by the
Magistrate (ifany) appointed to act for that district and being therein.





Provided as follows:-
(1)The High Court shall have concurrent jurisdiction in every
such district, and may order ally 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 lie is a European British subject, shall
not liave 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 Laiv
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 inay be necessary to mect.the
eircuitstaiice,-. 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. lam, or
custom is not repuggnant 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
Migistrates' 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.
(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 disserifing, Shau be recorded in
the Minutes.

PART W.-CRIMINAL MATTERS.
21.-(1) The High Court may award any such. punishment as inay be
awarded by ally Court of criminal jurisdiction in England for the time
being.





(2) Subject to the maximum. penalties provided by law, a Magistrate
shall not award imprisonnient, with or without hard labour, exceeding a
term of 12 months, nor any fine exceeding 400 dollars.
(3) A Magistrate shall not try any of the following offences: -treason,
murder, rape. forgery, and perjury; nor, except by direction of the High
Court in writing, any of Yence punishable with penal servitude for seven
years or upwards. Such direction may be given in any case after the
accused is committed for trial before the High Court, if the High. Court
is of opinion that the offence will be adecluately punished with such
punishment as the Magistrate has power to award.
22.-(1) A criminal prosecution is commenced by a complaint made
to the Court, or by the issue of a summons or warrant by the Court of its
own motion.
(2) For the issue of a summons the complaint need not be on oath,
unless the Court so requires.
(3) A warrant may be issued if the complaint is in writing and on
oath, or if the ace used' person does not appear on a summons, and it is
proved that the sumnions has been served or cannot be served.
(4) On receiving a complaint, whether on oath or not, the Court may,
if it is of opinion that the complaint discloses no offence, or is otherwise
unsubstantial, decline to issue any summons or warrant.
(5) An accused person arrested on warrant shall be brought before
the Court within 48 hours after arrest unless exceptional circumstances
prevent his being so brought, and the complaint shall be heard as soon
thereafter as circumstances reasonably admit. Due notice of the time
and place of hearing shall be given to the prosecutor (if any), and sum-
monses issued to the witnesses, if any.
23.-(1) When the accused is before the. Court, and the prosecutor
has had notice of the time and place appointed for the hearing of the
complaint, but does not appear, the Court, unless it thinks fit to adjourn
the hearing, shall dismiss the complaint.
(2) If both parties are present the Court shall proceed to hear the
complaint; and
(a)if the offence is legally punishable, or if the Court thinks it
would be adequately punished with imprisonment not ex-
ceeding 6 months, or with fine not exceeding 100 dollars,
the case shall be tried summarily on the complaint
(b) otherwise, the Court shall take the depositions of the pro-
*secutor and witnesses with a view to determininer whether
the accused shall be tried on a charge.
(3) The following ollences are not triable sunimirily, that is to say:
treason, murder, rape, arson, lionsebreaking, robberY with violence,
forguery, and perjury,





24. At a summary trial the substance of the coniplaint shall be stated
to the accused, and lie shall be asked if he admits or denies the truth of
the complaint. If lie admits, the Court. may convict him and award
punishment, but may first take further evidence if it thinks fit. If he
denies, the Court shall hear the evidence of the prosecutor and witnesses,
if any, for the accused, and either discharge the accused or convict him
and award punishment.
25.-(1) At the examfiiation of a case which must be, or
may in the opinion of the -Magistrate require to be, sent for trial to
another Court, the procedure shall be as follows
(a)The Court shall, in the presence of the accused, take the.
depositions on oath of those who know the facts and put thein
in writing;
(b) The accused inay cross-examine each witness for the pro-
secution, and the witness' answers shall form part of his
deposition ;
(c) The deposition of each witLiess shall be read over to the
witness -and sifiied by klin;

(d)After the evidence of the witness for the prosecution has
been taken, the Court shall ask the accuseA if lie wishes to
make any statement or has any witnesses to call, or other
evidence to adduce in his defenee, and the Court shall then
lake his statement and the evidence of his witnesses (if any)
(e) The accused shall be informed that any statement he may
make may be used against him at the trial. and also that he
may be sworn as a witness himself.
The Court having heard all the evidence, shall consider the
whole matter, and if it thinks that a facie case is inade
out against the accused, shall cause a charge, on which the
accused is to be put on his trial, to be framed, and re*ad over
to the accused ;
(g) The Court shall bind by recognizance the prosecutor and
ever.s witness to appear at the trial and give evidence; -
(h) If a person refuses to enter into a recognizance, the Court
may send him to prison, there to remain till the trial, unless
in the ineantime he enters into a recognizance;
(i) Until the trial the Court shall either admit the accused to bail
or send him to prison for safe keeping;
The accused shall be entitled to a copy of the charge on which
he is to be tried;
(k) The complaint (if any), the depositions, the statement of the
accused (if any), the charge on which the Court orders -him
to be tried, and the recognizanceg shall be carefully transmit-
ted to the Court before which the trial is to take place.





(2) At the preliminary. exalaination of a case which may be tried
on a charge before - the same Court, the procedure above de-seribed
may be varied as follows :-
After hearing so much evidence as is in the opinion of the Court
sufficient to raise a strong presumption against the accused
and to enable the Court to frame a charge, the Court may
proceed to frame a charge and appoint a day for the trial.
(3) When all accused person is arrested in one district in respect of
all offence committed in another district, flie preliminary examination
may be commenced in the district in which the accused is arrested. In
this case any depositions taken shall be transmitted, with the acewsed,
to the Court of the district in which. the offence was committed.
26.-(1) The charge upon which an accused person is triled shall state
the offencewith such particulars as to the time and place of the
offence, and the person (if any) against whom, or the thing (if in
respect of which it was committed, as are reasonably sufficient to give the
accused notice of the matter with which he is charged.
(2) There shall be a separate charge for each ofience, and every
charge shall be- tried separately, but if the acts form, onc, transaction, or
if the offences are of the same kind, the charges may bee tried together, if
the Court thinks fit.
(3) When more persons than one are accused of the same offence, or
of different offences -Committed in the same transaction, or where one is
accused of committing all offence and another with abettine', or. attempt-
ing to commit that offence, they may be charged and tried together or
separately, as the Court thinks fit.
(4) The Court may alter any charge at any time, but if the alteration
is likely to prejudice the accused or the prosecutor, the Court may adjourn
the trial for such tinie as may be necessary.
(5) No error or omission in stating the offence or the particulars shall
be regarded as material unless the accused was misled by the error or
omission.
(6) When a person is charged with all offence, and the evidence
proves either the commission of a minor offence or all attempt to commit
the offence charged, lie inay be convicted of the minor offence or the
attempt.
(7) For the purposes of the application of any statute law, a charge
framed under the provisions of this Order shall be deemed to be all
indictment..
1 27. The Court may, at any stage of the prosecution, in its discretion
admit to bail a person charged with any felony, riot, or assault,. but a
person charged with murder shall not be admitted to bail except by
or by direction of the High Court,





In all other cases the Court shall admit the accused to bail unless the
Court sees good reason to the contrary.

The High Court may admit a person to bail although a Magistrate has
not thought fit to do so.
1 26. The Court may' if it thinks fit, order a person convicted of an
assault to pay to the person assaulted, by way of damages, any sum not
exceeding 50 dollars.

Damages ordered to be paid may be either in addition to or in lieu. of
a fine, and shall be recoverable in like manner as a fine.
Where such darnages are ordered an action cannot be brought for the
assault.

29. The Court may from time to time postpone or adjourn any trial if
it considers it necessary to do so in the interests of justice.

During the postponement or adjournment the accused may be com-
mitted to prison for safe custody, or admitted to bail, or suffered to go at
large, as the Court thinks fit.

30. Where there is reasonable cause to suspect that anything, by or in
respect of which any offence cognizable by the Court has been committed,
is in any house or place'or place within the jurisdiction of the Court, the
Court may, by a search warrant, authorise an officer of the Court to
search the house or place, and if anything searched for be found, to seize
it and bring it before the Court for adjudication.

31. A warrant for apprehension or a search warrant may be issued
and executed on any day at any time.

32. A sentence of death shall not be carried into effect unless con-
firmed by the Commissioner.

For this purpose, when the trial has been held by the Judge, he shall
transmit his notes, or a copy thereof, and a report on the case to the
Commissioner.

The Commissioner may commute the sentence to such punishment as
he thinks proper in the circumstances or may pardon the convict.

33. The Court may order a person convicted before it to pay all or a
part of the expenses of the prosecution, the amount to be specified in the
order.
The Court may, when it thinks a Prosecution is vexation - s or frivolous,
order the complainant to pay all or a part of the expenses of prosecution
and of the accused, the amount being specified in the order.
In both cases the Court may order that the whole or such portion as
the Court thinks fit of the expenses so paid be paid over to the complain-
ant or the accused as the case may be,





34.-(l). When a person is convicted before a Magistrate and the
punishment imposed is a fine of 100 dollars or upwards or imprisonment
for 3 months or upwards, he may appeal to the High Court.
(2) The Magistrate shall postpone the execution of the sentence pend-
ing the appeal and shall, as on a remand, either commit the person
convicted to prison for safe custody or admit him to bail, or take secur-
ity for the payment of the fine (if any).
(3) The Magistrate shall frame a statement 'setting out the facts and
the grounds of the conviction and sentence, and any question of law and
any objections alleged by the person convicted, and transmit the same,
together with the notes of the evidence and any documents adduced in
evidence, to the High Court.
(4) The High Court shall either affirm or annul the CODYiCtiOn Or
amend it, or affirm or annul the sentence or vary it, or rehear the case
itself or order a rehearing before the Magistrate, giving all necessary and
proper directions.
35.-(1) In each of the following cases, namely:-
(i) where a person is convicted before the High Court or his con-
viction before a Alauistrate is affirmed by the High court, and
the person so convicted declares his desire to appeal to the
Supreme Court on any question of law affecting the con-
viction or sentence; or
(ii) where the High Court thinks fit to reserve for the judgment
of the Supreme Court any question of law arising on the
trial, -
the High Court shall frame a statement setting out the facts, and the
grounds of the conviction and sentence, and the question or questions of
law raised by the person convicted or by the High Court.
(2) The High Court shall annex to that statement certified copies of
the summons, indictment (if any), and proceedings, and of all document-
ary evidence admitted or tendered, and appearing to that Court to be
material, and the depositions, the notes of the oral testimony, any state-
nient or objections to the conviction or sentence made by the person
convicted, and any argument thereon that he desires to submit to the
Supreme Court, and a note of the reasons why any tendered evidence
which is not transmitted appears to the Court to be immaterial.
(3) The High Court shall forthwith send the statement and its annexes
to the Supreme Court.
(4) The High Court shall postpone the execution of the sentence
pending the appeal, and shall, as on a remand, either (if necessary)
commit the person convicted to prisonfor safe custody, or admit him
to bail, with or without security, by recognizance, deposit money, or
otherwise,





(5) The Suprenie Court shall hear and finally deterniine the matter,
after considering the statement of the High Court, and bearing publicly
any argument offered on behalf of the prosecution, or of the person
convicted.

(6) The Supreme Court may require the High Court to niake any
arnendment in or addition to its statement or the annexes thereto.
(7) The judgment of the Supreme Court shall be delivered pulblicly.
(8) The Supreme Court shall either affirin or annul the conviction, or
amend it, and shall either affirm or annul the sentence or vary it ` and
shall ffive all necessary and proper consequential directions.
36. The Supreme Court shall not annul a conviction or sentence, or
vary a sentence, on the ground-
(i) of any objection which, if stated during the trial, might, in
the opinion of the Suprenic Court, have been properly inet
by amendment by the Iligh Court ; or
,(ii)of any error or imformality which, in the opinion of the
Supreme Court, did not allect the substance of the case or
subject the Appellant to any undue prejudice.
37. There shall be no appeal in a criminal case to His Majesty the
King in Council from a decision of the Supreme Court, except by special
leave of His Majesty in Council.

38. The Commissioner may by general order prescribe the manner in
which and the prisons in which punishments are to be carried into
execution, and may inake rules Toi. the government of the prisons and of
all persons therein.
39.-(1) When an offender is sentenced to imprisonment and the High
Court thinks it expedient th-at the sentence be carried into effect within
His Majesty's dominions, the place shall be either Hongkong or a place
,in some other part of His Majesty's dominions the Government whereof
consents that offenders may be sent thither under this Article.
(2) The High Court may, by warrant under the liand of the Judge,
cause the offender to be sent to such place as aforesaid, in order that
the sentence may be carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom
it is directed to receive and detain the person named therein, andto
carry him and deliver him up at the place named, according to the
warrant.
40. ' The Fugitive Offenders Act, 1881' and 'The Colonial Prisoners
Removal Act, 1884't shall apply to the said territories as if they were
part of His Majesty's dominions, subject as follows :-
(a) The Commissioner is hereby substituted for the dovernor br
Government of a British posseGsion;





(h)The High Court is hereby substituted for a Superior Court,
and for a Magistrate of a British possession
(c)For the purposes of the said Act of 1881, and of this Article
in relation thereto, the said territories and Hongkong shall
be deemed to be one group of British possessions.

41.-(1) In cases of murder or manslaughter if either the death, or
the criminal let which wholly or partly caused the deadi, happened
-within the said territories, the High Court shall have the like jurisdiction
over any person who is charged either as the principal offender, or as
accessory
1 ' before the fact to murder, or as accessory after the fact to
murder or manslaughter, as if both the criminal act the the death had
happened within that jurisdiction,
(2) In the ease, of any offence cominitted on the Ligh seas, or within
the Adinivalt jurisdiction, by any person oil board a British ship, ol- bY
any British subject on board a foreign ship to which he did not belong

the High Court shall, subject to the provisions of this Order, have juris-
diction as if the offence had been committed within the said territories.
Ill cases tried under this Article no different sentence call be passed
from the sentence which could be passed in England if the off-ence were,
tried there.
(3) The foregoing provisions of this Article shall be deemed to be
daptations, for the purposes of this Order and of 'the Foreign Juris-
diction Act, 1890,' of the following enactments, that is so say
The Admiralty Offences (Colonial) Act, 1849.'t
The Admiralty Offences (Colonial) Act, 18GO.'-+~
The, Merchant Shipping Act, 1891, section 686.'
42, When a British subject, being within the said territories, is


accused of having committed offellee on board a British or Chinese
ship at a distance of not more than 100 miles from the coast of China, or
on board a ship not, lawfully entitled to claim the protection of the flag,
of any State at such a distance as aforesaid, he may be appreliended
charged, and tried, in like inanner as if the offence had been committed
within the said territories.
The High Court, oil receiving satisfactory information that ally soldier,
sailor, marine, or other personto any of His Majesty
naval or military forces has deserted therefroin, and has concealed him
self in any British ship at such distance as aforesaid, may issue a warrant
for tile search for and apprehension of such deserter, and, on being
satisfied on investigation that any person so apprehended is such a
deserter, shall cause him to be, with all convenient speed, taken and
delivered over to the officer in command of a Yes * sel of war of His Majesty,
or to the nearest military station of His Majesty's forces.





43. Where the High Court issues a summons or warrant against any
person on a charge of an offence committed on board of or in relation
to any ship, other than i ship enjoying immunity from civil process,
then, if it appears to the Court that the interests of public justice so
require, the Court may issue a warrant or order for the detention o
ship, and may cause the ship to be detained accordingly, until the charge is
heard and deterniined,and the order of the Court thereon is fully executed,
or for such shorter tinie as the Court thinks fit ; and the Court shall have
power to make all such orders as appear to it necessary or proper for
carrying this provision into effect.
44. If any persou-7
(i)Publicly derides, niocks, or insults any religion established or
observed -within. the said territories : or
(ii)Publiely offers insult to any religious service, feast, or
ceremony, or to any place of worship, tomb, or sanctuary be-
longing to any religion established or observed within the
said territories, or belonging to the ministers or professors
thereof ; or
(iii)Publicly and wilfully commits any act tending to bring any
religion established or observed within the said territories, or
its ceremonies, mode of worship, or observances, into hatred,
ridicule, or contempt, and thereby to provoke a breach of the
public peace,
he shall be guilty of an offence, and on conviction thereof, liable to ini-
prisonment -not exceeding 2 years, with or without hard labour, and
with or without a fine not exceeding 500 dollars, or to a fine alone not
exceeding 500 dollars..
45. If any person--
(i)Does any act calculated to excite tumult or disorder, or to
excite eninity between British subjects, Chinese subjects, and
foreign subjects, or any of thein, or to excite opposition to the
lawful authority of His Majesty within the said territories ; or
(i i)Without His Majesty's -authority levies war or takes part in
any operation of war, or aids or abets any person in carrying
on war, insurrection, or rebellion against the Emperor of
Chilia, or nuainst any Government exercising authority in
.my part of the dominions of the Emperor of China,
he shall on conviction be liable to imprisonment for any term not exceed-
incr 2 years, with or without hard laboar, or to a fine not exceeding 5,000

dollars, or to both imprisnment and fine.
46.-(1) Where a person has been convicted under the last preceding
article, he shall in addition to the punishments therein mentioned, and
with further proceedings, bc liable to deportation ; and the Court may





order that he be deported to such place as the Cammissioner may direct,
but every such order shall be subject to confirmation by the Com-
missioner.
(2) The place shall be a place the Government whereof consents to th e.
reception therein of the person to be deported.
(3) The person to be deported shall be detained in custody until a fit
opportunity for his deportation occurs.

(4) He shall, as soon as is practicable, and either after execution of the
sentence or while it is in course of execution, be embarked in custods
under the warrant of the Commissioner on board one of His Majesty's
vessels of war, or, if there is no such vessel available, then on board any
British or other fit vessel bound to the place of deportation.

(5) The warrant shall be sufficient authority to the commander or
master of the vessel to receive and detain the person therein named, and
to earry blin to and deliver him up at the place Damed according to the
warrant.
(6) If any master of a British ship, after a reasonable remuneration for
the conveyance of a deported person has been tendered or paid to him,
refuses or fails to carry such person to the place named, he shall be liable
to a penalty not exceeding 500 dollars.
(7) The Court may order the person to be deported to pay all or and
part of the expenses of his deportation. Subject thereto, the expenses of
deportation shall be defrayed in such manner as the Secretary of State,
ivith the concurrence of the Treasury, may direct.
(8)The Commissioner shall forthwith report to the Secretary of State
any order of deportation made or confirmed by him, and the' grounds
thereol.
(9) If any person deported under this Order returns to the said ter-
ritories without permission in writing of the Secretary of State (which
permission the Secretary of State may give), he shall be liable to a fine
not exceeding 1,000 dollars and he shall also be liable to be forthwith
again deported.
47. The Court shall have all the powers appertaining te the office of
Coroner in England, provided as follows:-
(a)Where a person is charged with causing the death, the Court
may proceed forthivith with the preliminary examination ;
(b) When no person is charged with causing the death, the Court
shall, without any jury, hold an inquest, taking the depositions
of those who know the facts. If, during or after the inquest,
any person is so charged, the depositions shall be read over
in the presence of the witnesses and of the accused, who shall
be entitled to cross-examine each witness, and the procedure
shall be as in other cases of preliminary examination, If





after the inquest the Court does not see fit to cause any per-
son to be charged, the Court shall send a copy of the de-
positions to the Commissioner, together with a report as to
the cause of the death.

PART V.-CIVIL MATTUS.

48.-(1) Every civil proceeding in the Court shall be taken by action,
and not otherwise, andshall be designated ,in action.
(2) For the purposes of any statutory enactment or other provision
applicable under this Order to any civil proceeding in the Court, an
action under this Order shall comprise and be equivalent to a suit, cause,
or petition, or to any civil proceeding, howsoever 'required by any such
enactment or provision to be instituted or carried on.
49.-(1) Every action shall be heard and determined in a summary
way.
(2) Every application in the course of an action may be made to the
Court orally, and without previous formality, unless in any case the
Court otherwise directs, or the Rule-, of Court otherwise provide.
(3) No action or proceeding shall be treated by the Court as invalid on
account of any technical error or mistake in form or in words.
(4) All errors and mistakes may be corrected, and times may be
extended, by the Court in its discretion, and on such terms as the Court
thinks just.
50.-(1) The sittings of the Court for the hearing of actions shall,
where the amount of business so requires, be held on stated days.
(2) The sittings shall ordinarily be public, but the Court may, for
reasons recorded in the Minutes, hear any particular ease in the presence
only of the parties and their legal advisers and the officers of the Court.
61. Every action shall conirrience by a summons, issued from the Court,
on the applica~ion of the Plaintiff, and served on the Defendant (in this'
Order referred to as an original suramons).
52. In each Court there shall be kept a book, called the Action Book,
in which all actions brought in the Court shall be entered, numbered
consecutively in each year, in the order in which they are commenced,
with a short statement of the particulars of each action, and a note of the
several proceedings therein.
53.-(1) An original summons shall not be in force for more than
12 months from the day of its date (including that (lay).
(2) If any Defendant named therein is not served therewith, the Plain-
tiff may, before the end of the 12 months, apply to the Court for renewal
thereof.
(3) The Court, if satisfied that reasonable efforts have been made to
serve the, Defendant, or for other good reason, may order that the sum-





mons be renewed for 6 months from the date of renewal, and so, from
time to time, during the currency of the renewed summons,
1 (4) The summons shall be renewed by being re-sealed with the seal
of the Court, and a note being made theron by the Court or its officer,
stating the renewal and the date thereof.
(5) A suninions so renewed shall reniain in force and be available to-
prevent the operati6a of ' any statute of limitation, and for all other
purposes, as from the date of the original suninions.
(6) The production of a sunanons purporting to be so reliewed Shall
be sufficient evidence of the renewal and of the commencement of the
action, as of the date of original sumnions, for all purposes.
54. If an action is not proceeded with and disposed of xvithin. 12
months from service of the original suninions, the Court may, if it thinks

fit, without application by any party, order the same to be dismissed for
failure to proceed.
55. The Court may, at any time, if it thinks fit, either on or without the
application of a Defendant, order the Plaintiff to put in further particulars,
of his claim.
56. There shall ordinarily be no written pleadings; but the Court
may at any time if it thinks fit, order the Plaintiff to put in a written
statement of his claim, or a Defendant to put in a written statement of his
defence.
57. The evidence on either side may, subject to the direction of the
Court, be wholly ol. partly oral, or on affidavit or by deposition.
58.-(1) Notwithstanding anything in this Order, the Court (for rea-
sons recorded in the Minutes) inay at any tilne do ally of the following
things as the Court thinks just:-
(i) Defer or adjourn the hearing or determination of any action,
proceeding, or application
(ii)Order or allow any amendment of any pleading or other
document;
(iii)Appoint or allow a time for, or enlarge or abridge the time
appointed or allowed for, or -allow further time for, the doing
of any act or the taking of any proceeding.
(2) Any order within the discretion of the Court may be niade on
such terms respecting time, costs and other matters, as the Court thinks
fit.
59. Subject to the'provisions of this Order and any Rules of Court,
the costs of and incident to all proceedings in the Court shall be in the
discretion of the Court.
60.-(1) All orders of the Court shall, if not made in writing, be
drawn up in writing and filed with the papers in the action.





(2) The seal of the Court shall be affixed to every order, which shall
then'be part of the record in the action.
(3) The order shall bear the date of the day of the delivery of the
decision on which the order is founded.
(4) All money ordered by the Court to be paid by any person shall be
paid into the office of the Court, unle33 the Court otherwise directs.
61.-(1) On proof of great urgency or other peculiar circumstances,
after an action is brought, the Court may, if it thinks fit, on the appli-
cation of a plaintiff, or of its own motion, make an order for stopping the
clearance of, or for the arrest and detention of, a ship about to leave the
said territories, other than a ship enjoying immunity from civil process.
(2) The Court may at any time, on reasonable cause shown, discharge

or vary the order.
62.-(1) Any agreement in writing between any persons to submit
present or future differences to arbitration, whether an arbitrator is
named therein or not, may be filed in the Court by any party thereto,
and unless a contrary intention is expressed therein, shall be irrevocable,
and shall have the same effect as an order of the Court.
(29) Every such agreement is in this Order referred to as a submission.
(3) If any action is commenced in respect of any matter covered by a
submission, the Court, on the application of any party to the action, may
bY order stay the action.
63.-(11) The High Court shall have, with respect to all persons with -
in the said territories, all such jurisdiction in bankruptcy as for the time
being belongs to the High Court in England.
(2) Magistrates may exercise such Jurisdiction in bankruptcy as may
be. prescribed by Ordinances, and subject thereto by Rules of Court
provided that a Alauistrate shall not exercise any bankruptcy jurisdiction
unless lie is so authorised by the Commissioner.
(3) Proceedin -S in bankruptcy shall be originated by a summons to

the debtor to show cause why he should not be adjudicated bankrupt, or
by a summons issued by the debtor himself to his creditor, or any of his
creditors, to show cause why he, the debtor, should not be adjudicated
bankrupt.
(4)* On or after the issue of such summons, the High Court may stay
any proceedings pending in any Court in respect of any debt provable in
bankruptcy, or may allow the proceedings to continue on such terms as
the High Court thinks fit.
(5) On or after the issue of such summons, the High Court may
appoint a receiver or manager of the property or business of the debtor.
61.-(1) The High Court shall have Admiralty jurisdiction for and
within the said territories and over vessels and persons coming within
the same,





(2) The following enactments of ' The Colonial Courts of Admiralty
Act, 1890,' that is say, section 2, sub-sections (2) to (4); sections 5 and
6; section 16, sub-section (3) ; shall apply to the High Court as if that
Court were a Colonial Court of Admiralty, and as if the said territories
wore a British possession; and for the purpose of this application the
expressions 'judgment ' and 'appeal' shall in the enactments so applied
have the same respective meanings as are assigned thereto in section 15
of the said. Act.
65. The High Court shall, as far as circumstances admit, have, for
and within the said territories, all such jurisdiction relative to the
custody and management of the persons and estates of lunatics, as for
the time being belongs to the Lord Chancellor or other Judge or Judges
in. England entrusted by virtue of His Majesty's Sign -Manual with the
care and commitment of the custody of the persons and estates of lunatics.
66.-(1) The High Court shall, as far as circumstances admit, have
.for and within the said territories all such Jurisdiction, except the
jurisdiction relative to dissolution, or nullity, or Jactitation of marriage,
as for the time being belongs to the High Court in England.
(2) The High Court shall have the like Jurisdiction in relation to
native marriages as would be exercised by any Chinese Court if His
Majesty had not acquired power and Jurisdiction in the said territories,
and subject to the provisions of any Ordinance, inay exercise the same in
accordance with Chinese law aud custom so far as consistent with justice
and morality, observing, nevertheless the procedure of the High Court,
sofar as is practicable.
67.-(1) The High Court shall be a Court of Probate, and, as such,
shall, so far as circumstances admit, have all such jurisdiction as for the
time being belongs to the High Court in Engand in cases of probate and
administration of estates.
(2) The Commissioner may by Ordinance confer on Magistrates or on
any Magistrate named or designated in the Ordinance in this behalf,
jurisdiction in cases of probate and administration.
(3) In all cases where the dcceased was a native, effect shall be given
to Chinese law and custom so far as the same are consistent with justice.

Appeal in Civil Cases.

68.-(1) Where a civil action in the High Court involves the amount
or value of,500 dollars or upwards, any party aggrieved by any decision
qf the Court in the action shall have the right to appeal to the Supreme
Courtagainst the same on the following conditions, namely:-
(i) The appellant shall give security to the satisfaction of the
Judge, and to such amount as the Judge thinks reasonable,
not exceeding 2,000 dollars; for prosecutionof the appeal,and
for payment of any 'costs that may be ordered by the Supreme
Court on the appeal to be paid by the appellant to any person.





(ii)The appellant shall pay to the High Court such sum as the
Judge thinks reasonable, to defray the expense of the making
tip and transmission to the Supreme Court of the record.
(2) In any civil case the High. Court may, if it thinks fit, give leave
to appeal on the conditions aforesaid.
(3) In any civil case the Supreme Court inas, give leave to appeal on
such terms as it thinks fit.
69.-(11) After 3 months from the date of a decision of the High Court,
an appeal against it shall not he except by leave of the Suprenle Court,
(2) After 6 months from the date of a decision of the High Court,
application for leave to appeal against it shall not be entertained by the
Supreme Court.
70.-(1) Wheit a person ordered to pay money, or to do any other
thing, appeals, the Judge shall. direct either that the decision appealed
from be carried into execution, or that the execution thereof be sus-
pended pending the appeal, as lie thinks fit.
(2) If the Judge directs the decision to be carried into execution, the
person in whose favour it is given shall, before the execution of it, give

sectivitv to the satisfaction of the Judge for performance of any order

to be made on the appeal.
(3) If the Judge directs the execution of the decision to be suspended,
the person against whom it is given shall, before an order for suspension
is made, give security to the satisfaction of the Judge for performance of
such order as shall be made on the appeal.
71.-(1) The appellant shall file an appeal inotion-paper in the High
Court.
(2) He max, at the same time file any argument which he desires to
submit to the Supreme Court in support of the appeal.
(3) The motion-paper and the argument (if any) shall be served on
such persons as respondents as the High Court directs.
72.-(1) A respondent may, within 7 days after service, file in the
High Court a motion-paper of cross appeal (if ans), and such argument
as lie desires to submit to the Supreme Court on the appeal, and cross
appeal (if any).
(2) Copies thereof shall be furnished by the, High Court to such per-
sons as the Court thinks fit.
73.-(1) Ou the expiration of such 7 days, the High Court shall,
without the application of any party, make up the record of appeal,
which shall consist of the writ of summons, statements of claim and
defence (if any), orders, and proceedings, all written and documentary
evidence admitted or tendered, or a certified copy thereof, and the notes
of the oral evidence, the appeal and cross appeal motion-paper and the
arguments (if any)





(2) The several Pieces shall be fastened together, consecutively num-
bered ; and the whole shall be secured by the seal of the Judge, and be
forthwith forwarded by him to the Supreme Court.
(3) The Judge shall not, except for some special cause, take oil himself
the reponsibility of the charge, or of the transmission to the Supreme
Court of original letters or documents produced in evidence. They shall
be returned to the parties producing them ; and they shall produce the
originals, if required by the Supreme Court, at or.before the hearing of
the appeal.

74.-(1) After the record of appeal is transmitted, until the appeal is
disposed of, the Supreme Court shall be in exclusive possession of the
whole action, as between the parties to the appeal.
(2) Every application in the action, as between the parties to the
appeal, shall be rilade to the Supreme Court, and not to the High Court
but any application may be made through the High Court.

1 -(1) The Supreme Court shall, after receiving the record of appeal,
fix a day for the hearing of the appeal, and shall give notice thereof
through the High Court to the parties to the appeal, such a day being
fixed as will allow of the parties attending in person, or by counsel or
solicitor if they so desire.
(2) But if all the separate parties to an appeal appear in person at
Hongkong, or appoint persons there to represent them as their counsel
or solicitors ill the appeal, and cause the appearance or appointment to
be notified to the Supreme Court, the Supreme Court may dispose of the
appeal without being required to give notice through the High Court
to the parties to the appeal, of the day fixed for the hearing thereof.
76. The Supreme Court inaY, if it thinks fit, require a party to an
appeal to appear personally before it on the hearing of the appeal, or
on ally, occasion pending the appeal.
17.-(1) The Supreme Court may, from time to time make and order
necessary for determining the real question in controversy in the action,
as among the parties to the appeal, and for that purpose may amend any
defect or error in the record of appeal, and may enlarge the time for any
proceeding except as otherwise by this Order expressly provided.
(2) The Supreme Court may direct the High Court to inquire into and
certif ' vits finding oil any question, as between the parties to the appeal,
or any of thein, which the Supreme Court thinks fit to determine before
final judgment is, given in the appeal.
(3) Tile posversol the Supreme Court under this Order may be exer-
cised by the Supreme Court notwithstanding that the appeal is brought
against part only of the decision of the High Court; and those powers
way be exercised in favour of all or any of the parties to the action,
although they have not appealed from, or complained of, the decision.





(4) Generally, the. Supreme Court shall, as among the parties to the
appeal, have as full jurisdiction over the whole action as if it had been
originally instituted and prosecuted in the Supreme Court. by parties
subject to the original jurisdiction of the Supreme Court.
(5) The Supreme Court may, if it thinks fit, remit the action to the
High Court, to be reheard, or to be otherwise dealt with as the Supreme
Court directs.
(6) The appeal shall be determined by the Supreme Court according
to the law to be administered under this Order by the High Court.

78.-(1) Notwithstanding anything in this Order, an appeal to the
Supreme Court shall not he from an order of the High Court, made on
the application of one party without notice to the other party.
(2) But, if any person thinks himself aggrieved by such an order, lie
may, on notice to the other party, apply to the High Court to vary or
discharge the order, and an appeal shall lie from the decision on that
application.

79. Subject to the provisions of this Order and of any Ordinance
made under this Order, the Supreme Court may, with the consent of the
commission and with the approval of the Secretary of State, make
Rules of Court with respect to the hearing of appeals under this Order.

80. For purposes of appeal in civil cases to His Majesty the King in
Council, a decision of the Supreme Court on. appeal under this Order
shall have the effect of a decision of that Court under its ordinary primary
jurisdiction.

PART VI-MISCELLANEOUS.

81. A Land Commission is hereby constituted for the said territories,
consisting of the Judge an d one other Commissioner who shall be
appointed and may be removed by His Majesty's Commissioner.
The Land Commission shall deal with such questions relating to the
titles, tenures, occupancy, and assessment of lands in the said territories
as may be assigned for their determination by any Ordinance, which
may also prescribe the powers, duties and proceedings of the Commission.

82.-(1) All the water area included within the lines hereinafter
described shall be deemed to be Admiralty waters and shall be solely
under the control of the Naval Authorities, that is to say:~
A line from the Eastern Point of the Hu An Lok Rocks to Itau;
thence in the direction of Flagstaff Point, until the Eastern
Point of Weigall Cove bears North ' true thence to within
acable's length of the shore at that point thence following
the direction of the coast line and islands at a distance of one
cable until Outer Island bears North by West ; thence. tn





Kwoa Pu, the Northern Point of Liu Rung Tan; thence along
tile shore of Liu Kung Tau to the westward and southward
to the Eastern Point of the Hu An Lok Rocks.
(2) The Lords Commissioners of the Admiralty may from time to time,
with the concurrence of the Secretary of State for the Colonies, alter the
limits of the Admiralty waters; and such alteration shall be carried into
effect by Ordinance as provided by Article 9 of this Order in Council.

(3) The 'Naval Commander-in-Chief will make such regulations as will
permit of the use of Admiralty waters by mercantile vessels, so far as is
necessary.

83. The Commissioner may make Rules of Court and prescribe forms
of procedure as to all civil -and criminal proceedings and the fees to be
taken therein.

All such Rules shall be transmitted by the Commissioner to the Secre-
tary of State, for his approval, and so far as they relate to fees, for the
approval of the Treasury, and until disallowance by him shall have full
force and effect.

84. Not later than the 31st March in each year, the Commissioner
shall transmit to the Secretary of State a report on the operation of this
Order so far as 'relates to judicial affairs for the year ending the 31st
December then last, showing the number and nature of the Droceedings,
criminal and civil, taken in the Courts under this Order, and the result
thereof, -and the number and amount of fees received, and such other
information, and being in such form, as the Secretary of State from time
to tilne directs.

85. From and after the commencement of this Order, the Orders in
Council relating to the exercise of His Majesty's jurisdiction in China
shall cease to have any effect in the territories within the limits of this
Order, with such savings and exceptions (if any) as may be made by any
Proclamation is3ued by the Commissioner before the commencement Of
this Order.
86. This Order shall cominence and take effect as follows:-
Asto the appointment of the Commissioner or other officer, the
making of Ordinances or Rules, and the issue of any instruc-
tions, proclamations or notifications, immediately from and
after the passing of this Order.
As to all other matters and provisions comprised and contained
ill this Order, from and after the expiration of one month
after this Order is first publicly exhibited in the said terri-
tories.

87. This Order may be cited as The Wei-Hgi-Wei Order in Council,
1901
Limits of the Order. Interpretation. Appointment of Commissioner. Seal. Grants of land. Pardon. Remission of fines. Appointment of officers. Making of Ordinances. Publication of Ordinances. Chinese jurisdiction. The Court. The Judge. Magistrates. Subordinate officers of-court. Jurisdiction of Court. Sittings of Court. Jurisdiction of Magistrate. Application of English law. Assessors where native a party to suit. Application of English law of punishment. Complaint and summons. Criminal procedure. Summary Proceedings. Preliminary examination. Particulars of charge. Bail. Damages for assault. Postponement of trial. Search warrant. Warrants. Sentence of death. Costs of prosecution. Appeal to High Court. Appeal to Supreme Court of Hongkong. Powers of Supreme Court of Hongkong. Appeal to Privy Council in criminal cases. Prison rules. Imprisonment in Hongkong. Application of English Acts. *44 & 45 Vict. C.69. +47 & 48 Vict. C.31. Cause of death happening abroad. Offences on high seas. Adaptation of English Acts. *53 & 54 Vict c 37. +12 & 13 vict. C 96. 23 & 24 vict c 122. 57 & 58 Vict. c 60. Jurisdcition over offences 100 miles from coast of China. Warrant for detention of ship. Offences against religion. Acts disturbing peace of China. Deportation. Coroner. Proceedings by action. Summary trial of actions. Sittings of Court. Action to commence by summons. Action Book. Duration of original summons. Dismissal of action for failure to proceed. Order for particulars. Pleadings. Evidence. Adjourments and amendments. Costs. Orders of Court. Arrest of ship. Submission to arbitration. Bankruptcy jurisdiction. Admiralty jurisdcition. 53 & 54 Vict. C 27. Lunacy jurisdiction. Matrimonial jurisdiction. Probate jurisdiction. Appeals to Supreme Court of Hongkong. Appeals after 3 months by leave. Stay of execution. Appeal papers. Cross appeals. Record of appeal. Jurisdiction of Supreme Court of Hongkong. Procedure. Apearance of parties. Amendments and powers of Supreme Court of Hongkong. Notice of appeal. Rules of Court as to appeals. Effect of decision of Supreme Court of Hongkong. Land Commission. Admiralty waters. Rules of Court. Report to Secretary of State. China Orders in Council not to operate. Commencement of Order. Short title.

Limits of the Order. Interpretation. Appointment of Commissioner. Seal. Grants of land. Pardon. Remission of fines. Appointment of officers. Making of Ordinances. Publication of Ordinances. Chinese jurisdiction. The Court. The Judge. Magistrates. Subordinate officers of-court. Jurisdiction of Court. Sittings of Court. Jurisdiction of Magistrate. Application of English law. Assessors where native a party to suit. Application of English law of punishment. Complaint and summons. Criminal procedure. Summary Proceedings. Preliminary examination. Particulars of charge. Bail. Damages for assault. Postponement of trial. Search warrant. Warrants. Sentence of death. Costs of prosecution. Appeal to High Court. Appeal to Supreme Court of Hongkong. Powers of Supreme Court of Hongkong. Appeal to Privy Council in criminal cases. Prison rules. Imprisonment in Hongkong. Application of English Acts. *44 & 45 Vict. C.69. +47 & 48 Vict. C.31. Cause of death happening abroad. Offences on high seas. Adaptation of English Acts. *53 & 54 Vict c 37. +12 & 13 vict. C 96. 23 & 24 vict c 122. 57 & 58 Vict. c 60. Jurisdcition over offences 100 miles from coast of China. Warrant for detention of ship. Offences against religion. Acts disturbing peace of China. Deportation. Coroner. Proceedings by action. Summary trial of actions. Sittings of Court. Action to commence by summons. Action Book. Duration of original summons. Dismissal of action for failure to proceed. Order for particulars. Pleadings. Evidence. Adjourments and amendments. Costs. Orders of Court. Arrest of ship. Submission to arbitration. Bankruptcy jurisdiction. Admiralty jurisdcition. 53 & 54 Vict. C 27. Lunacy jurisdiction. Matrimonial jurisdiction. Probate jurisdiction. Appeals to Supreme Court of Hongkong. Appeals after 3 months by leave. Stay of execution. Appeal papers. Cross appeals. Record of appeal. Jurisdiction of Supreme Court of Hongkong. Procedure. Apearance of parties. Amendments and powers of Supreme Court of Hongkong. Notice of appeal. Rules of Court as to appeals. Effect of decision of Supreme Court of Hongkong. Land Commission. Admiralty waters. Rules of Court. Report to Secretary of State. China Orders in Council not to operate. Commencement of Order. Short title.

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