1924

OKDEES IN COUNCIL
Exercise of
Jurisdiction.
Constitution
offSupremc
Court.
Acting Judge,
Acting Assist¬
ant Judge.
(3) Foreigners in the cases and according to the conditions specified
in this Order and not otherwise.
(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.
6. All His Majesty’s jurisdiction exercisable in China or Corea 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.
II.—Constitution and Powers of Courts.
(i) Supreme Court.
7. —(1) There shall be a Court styled “ His Britannic Majesty’s
Supreme Court for China and Corea” (in this Order referred to as the
Supreme Court, and comprised in the term “the Court”).
(2) Subject to the provisions of this Order, there shall be a Judge, and
as many Assistant Judges of the Supreme Court as may from time to
time be required, who shall respectively be appointed by His Majesty by
warrant under His Royal sign manual.
Every Judge shall be at the time of his appointment a member of
the Bar of England, Scotland, or Ireland, of not less than seven years’
standing.
(3J The Judges, or any two of them, shall sit together for the pur¬
poses described in this Order, and the Supreme Court so constituted is
hereinafter in this Order referred to as the “ Full Court.”
(4) When the Full Court consists of not more than two Judges, and
there is a difference of opinion, the opinion of the Judge, or, in his absence,
the Senior Assistant Judge, shall prevail.
(5) Subject to any Rules of Court, the Judge shall make any such
arrangements as he thinks fit for the distribution of the business of the
Court.
(6) If the Chief Justice in office at the passing of this Order becomes
the Judge of the Supreme Court under this Order, he shall retain the title
of Chief Justice during his tenure of office.
8. During a vacancy in the office of Judge, or in case of the illness or
incapacity of the Judge, or of his absence from the district of the Consul¬
ate of Shanghai, the Secretary of State may appoint a fit person to act as
Judge, but unless or until such appointment is made, the Assistant Judge
or Senior Assistant Judge shall act as Judge.
An Acting Judge shall, during the continuance of his appointment,
have all the power and authority of the Judge.
9. During a vacancy or temporary vacancy in the office of Assistant
Judge, or in ease of the absence, or illness, or other incapacity of an
Assistant Judge, the Judge may, by writing under his hand and the seal
of the Supreme Court, appoint any fit person, approved by the Secretary
of State, or by His Majesty’s Minister in China, to act as and for such
Assistant Judge for the time therein mentioned or during the vacancy,
as the case may be; but every such appointment shall be revocable, at
pleasure, by the Judge, by writing under his hand and the seal of the
Supreme Court, or by the Secretary of State.