1924

301
H.B.M. SUBJECTS IN CHINA AND COREA
which under this Order are required or directed to be heard with a jury
or assessors shall not be so assigned.
(3) For the purposes of this Article the Registrar shall exercise all
the powers and jurisdiction of a Provincial Court, and the..,provisions of
this Order with respect to appeal and reserved case in criminal matters
and to appeal in civil matters shall apply accordingly.
25. —(1) Where any case, civil or criminal, commenced in a Pro¬
vincial Court, appears to that Court to be beyond its jurisdiction, or to
be one which for any other reason ought to be tried in the Supreme
Court, the Provincial Court shall report the case to the Supreme Court
for directions.
(2) The Supreme Court may of its own motion, or upon the report
of a Provincial Court, or on the application of any party concerned,
require any case, civil or criminal, pending in any Provincial Court to
be transferred to, or tried in, the Supreme Court, or may direct in what
Court and in what mode, subject to the provisions of this Order, any
such case shall be tried.
26. The Supreme Court and every Provincial Court shall be
auxiliary to one another in all particulars relative to the administration
of justice, civil or criminal.
27. Every Judge and Officer of Courts established under this Order
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 foreigners in China or Corea.
28. Subject to the provisions of this Order, criminal and civil cases
may be tried as follows:—
(a) In the case of the Supreme Court, by the Court itself, or by the
Court with a jury, or with assessors.
(b) In the case of a Provincial Court by the Court itself, or by the
Court with assessors.
29. Any of His Majesty’s Courts in China or Corea may cause any
summons, order, or judgment issuing from the Supreme Court of Hong¬
kong, in any civil proceeding, and accompanied by a request in writing
under the seal of that Court, to be served in China or Corea.
30. —(1) Notwithstanding anything in this Order, the Court shall
not exercise any jurisdiction in any proceeding whatsoever over His
Majesty’s Minister, or over his official or other residences, or his official
or other property.
(2) Notwithstanding anything in this Order, the Court shall not
exercise, except with the consent of the Minister signified in writing to
the Court, any jurisdiction in any proceeding over any person attached
to or being a member of, or in the service of, the Legation. The consent
of the Minister may be given, either specially with respect to any person,
or generally with respect to any class of persons so attached.
(3) If in any case under this Order it appears to the Court that the
attendance of the Minister, or of any person attached to or being a mem¬
ber of the Legation, or being in the service of the Legation, to give
evidence before the Court is requisite in the interest of justice, the Court
may address to the Minister a request in writing for such attendance.
(4) A person attending to give evidence before the Court shall not
be compelled or allowed to give any evidence or produce any document,
if, in the opinion of the Minister, signified by him personally or in writing
to the Court, the giving or production thereof would be injurious to His
Majesty’s service.
31. Where, by virtue of any Imperial Act, or of this Order, or other¬
wise, any provisions of any Imperial Acts, or of any law of a British
Case reported
or removed to
Supreme
Court,
Courts to
auxiliary to
one another.
Conciliation.
Modes of trial.
Process of
Supreme
Court of
Hongkong.
Immunity of
Legation.
Operation ©
Imperial
Acts, &c.