1924

H.B.M. SUBJECTS IN CHINA AND COREA
311
-arriving in the district, and to deaths of British subjects having hap¬
pened at sea on board foreign ships so arriving.
(3) The jurisdiction of the Court under this Article shall be
-exercised subject to the following provisions
(а) Where a British subject is charged with causing the'death, the
Court may, without holding an inquest, proceed forthwith with
the preliminary examination.
(б) Where a British subject is not 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, a British subject 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 person to be charged, the Court shall certify its
opinion of the cause of the death. When the inquest is held
by a Provincial Court, the certificate and the depositions shall
be sent forthwith to the Supreme Court, and that Court may
give any directions which may seem proper in the circumstances.
(4) In this Article the expression “the Court” includes the Registrar
of the Supreme Court.
Statutory or other Offences.
69. Any act which, if done in the United Kingdom, or in a British Patents and
possession, would be an offence against any of the following Statutes of trade markB-
the Imperial Parliam.ent or Orders in Council, that is to say :—
The Merchandize Marks Act, 1887;
The Patents, Designs and Trade-marks Act, 1883 to 1888;
Any Act, Statute, or Order in Council for the time being in force
relating to copyright, or to inventions, designs, or trade-marks;
Any Statute amending, or substituted for, any of the above-men¬
tioned Statutes;
Shall, if done by a British subject in China or Corea, bp punishable
as a grave offence against this Order, whether such act is done in
relation to any property or right of a British subject, or of a foreigner
•or native, or otherwise howsoever;
Provided—
(1) That a copy of any such Statute or Order in Council shall be
published in the public office of the Consulates at Shanghai
and Seoul, and shall be there open for inspection by any person
at all reasonable times; and a person shall not be punished
under this Article for anything done before the expiration of
one month after such publication, unless the person offending
is proved to have had express notice of the Statute or Order in
Council.
(2) That a prosecution by or on behalf of a prosecutor who is not a
British subject shall not be entertained unless the Court is
satisfied that effectual provision exists for the punishment in
Consular or other Courts in China or Corea of similar acts
committed by the subjects of the State or Power of which such
prosecutor is a subject, in relation to, or affecting the interests
of, British subjects.
70. —(1) If a British subject— Smuggling
(i) Smuggles, or attempts to smuggle, out of China or Corea any
goods on exportation whereof a duty is payable to the Chinese
or Corean Government;