1918

328
THE CHINA AND COKEA (AMENDMENT) ORDER IN COUNCIL, 1907
(2) The mot.iou shall be heard by the Full Court unless the Judge of the
Supreme Court otherwise orders.
(3) Ou such motion the Supremo Court may make any order that may be
made by the Court of Appeal in England in the exercise of its ordinary appellate
jurisdiction.
(4) An application for a rehearing shall be made within the prescribed time.
12. The following provision shall be substituted for Article 151 (1) of the
Principal Order:—
(1) AVhere a foreigner desires to institute or take in the Court an action against
a British subject, or a British subject desires to institute or take in ihe Court an
action against a foreigner, the Court shall entertain the same, and the action shall be
heard and determined either by the Judge sitting alone or, if all parties consent or
the Court so directs, with a jury or assessors, but in all other respects according to
the ordinary procedure of the Court.
13. The following provision shall be substituted for Article 155 (3) of the
Order :—
Any person committing a breach of any such Regulations shall, on conviction,
be liable to the punishment, forfeiture, or fine therein prescribed, or, if no such
punishment or fine is prescribed, he shall be liable, on conviction, to imprisonment,
with or without hard labour, for a period not exceeding three months, or to a fine,
or to both. Regulations imposing penalties shall be so framed as to allow in every
case of part only of the highest penalty being imposed.
14. The following Article shall take effect instead of Article 157 of the Principal
Order:—
King’s Regulations and Municipal Regulations made or adopted under Articles
155 and 156 of the Principal Order shall not have effect unless and until they are
approved by a Secretary of State, save that in case of urgency declared in any such
Regulations the same shall take effect before that approval, and shall continue to
have effect unless and until they are disapproved bv a Secretary of State, and until
notice of that disapproval has been received and published by the Minister.
15. Every Consular officer shall, as far as there is proper opportunity, promote
reconciliation and encourage and facilitate the settlement in an amicable way, and
without recourse to litigation, of matters in difference between British subjects, or
between British subjects and f rei iners in China or Corea.
16. “The China, Japan, and Corea (Parents) Order in Council, 1899,” “The
China and Corea (Supreme Court) Order in Council, 1900,” and the following
Articles of the Principal Order are hereby repealed, viz.:—Articles 27, 69, 75,
84, 108, 114, 151 (1), 155 (3), 157; but this repeal shall not (a) affect the past
operation of such Orders or such Articles, or any right, title, obligation, or liability
thereunder, or (6) interfere with the institution or prosecution of any legal proceed¬
ings thereunder.
And the Right Honourable Sir Edward Grey, Bart., one of His Majesty’s
Principal Secretaries of State, is to give the necessary direction herein.
A. AY. Fitzroy.
Note,—His Majesty having ceased to be represented in Corea by a Minister, an
amending Order in Council, 1907, directs that all references in the Principal Order to the Minister
shall be deemed to be references to the Consul-General.