Page images
PDF
EPUB

exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"* or otherwise, in His Majesty vested, is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows:

1. The said Treaty or Convention hereinbefore recited shall from the 1st day of August, 1914, be deemed to be an existing East African Slave Trade Treaty within the meaning of "The Slave Trade (East African Courts) Act, 1873."

2. Subject to the provisions of this Order, it shall be lawful for the Court established under "The Persian Coast and Islands Order in Council, 1907," to exercise jurisdiction in matters relating to the Slave Trade.

..

3. Subject to the provisions of this Order, the Court established under The Persian Coast and Islands Order in Council, 1907," shall exercise all the jurisdiction conferred by "The Slave Trade (East African Courts) Act, 1873," on the East African Courts, and the said Court, when exercising such jurisdiction, shall be deemed to be one of the East African Courts within the meaning of the said Act.

4. This Order shall be published in the "Gazette of India" within such time after the passing thereof as the Secretary of State may prescribe, and shall come into force on the 1st day of August, 1914.

5. This Order may be cited as "The Persian Coast and Islands (Slave Trade Jurisdiction) Order in Council, 1914," and shall be read as one with "The Persian Coast and Islands Order in Council, 1907."

And the Most Honourable the Marquess of Crewe, K.G., and the Right Honourable Sir Edward Grey, Baronet, K.G., two of His Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively appertain.

ALMERIC FITZROY.

RULES OF COURT for His Majesty's Courts in China, framed under Article 119 of " The China Order in Conncil, 1904," and Article 13 of "The China (Amendment) Order in Council, 1913."--Shanghai, June 25, 1914.

RULES FOR CRIMINAL APPEALS.

Interpretation of Rules.

66

1. "The Act" means The Criminal Appeal Act, 1907.” "The Order" means "The China (Amendment) Order in

Council, 1913."

* Vol. LXXXII, page 656.

+ Vol. XCVII, page 189.

Vol. CVI,

page 523.

"Judge of the Court of Trial" means the Judge of any Court from the conviction before or the sentence of which a person desires to appeal under the Order.

"Registrar" means the Registrar of the Supreme Court. "Respondent" means the person who undertakes or whose duty it is to undertake the defence of the appeal.

"Exhibits" includes all books, papers, and documents, and all other property, matters, and things whatsoever connected with the proceedings taken by or against any person who is entitled or may be authorized to appeal under the Order, if the same have been forwarded to the Court of Trial on the person accused being committed for trial or have been produced and used in evidence during the trial of or other proceedings by or in relation to a person entitled or authorized under the Order to appeal, and any written statement handed in to the Judge of the Court of Trial by such person, but shall not include the original depositions of witnesses examined at the preliminary inquiry, nor any charge or inquisition against any such person, nor any plea filed in the Court of Trial.

2. The forms set out in the Schedule to these Rules, or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable.

Notices of Appeal.

3.-(a.) Every notice of appeal or notice of application for leave to appeal shall be signed by the appellant himself, except under the provisions of paragraphs (d) and (e) of this Rule, and addressed to the Court of Trial, which shall forthwith forward the same to the Registrar. Such notice shall be in one of the Forms 2 and 3 in the Schedule hereto.

Any other notice required or authorized to be given for the purposes of the Order or these Rules shall be in writing and signed by the person giving the same or by his legal practitioner. All notices required or authorized to be given for the purposes of the Order or these Rules to the Full Court shall be addressed to "The Registrar of His Britannic Majesty's Supreme Court for China," and shall be left with the Court of Trial for transmission to him.

(b.) The provisions of Rule 35 of "The China Rules of Court, 1905,"* shall apply to the service of notices under these Rules:

Provided that when service is to be effected on any person beyond the district of the Consulate-General of Shanghai, such service may be effected through the Provincial Court for the district where such person is to be found.

(c.) Where an appellant or any other person authorized or required to give any notice of appeal or notice of any application for the purposes of the Order or of these Rules is unable to write, he may affix his mark thereto in the presence of a

* Vol. XCVIII, page 232.

witness who shall attest the same, and thereupon such notice shall be deemed to be duly signed by such appellant.

(d.) Where, on the trial of a person entitled to appeal under the Order, it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission made by him, any notice required by these Rules to be given and signed by the appellant himself may be given and signed by his legal practitioner or other person authorized by the Court of Trial to act on his behalf.

(e.) In the case of a body corporate, where by the Order or these Rules, any notice or other document is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager, or legal practitioner of such body corporate.

Certificate of Judge of Trial.

4.-(4.) The certificate of the Judge of the Court of Trial under Article 7 (i) (b) of the Order may be in the Form 4 in the Schedule to these Rules.

(b.) The Judge of the Court of Trial may, in any case in which he considers it desirable so to do, inform the person convicted before or sentenced by him that the case is, in his opinion, one fit for an appeal to the Full Court under Article 7 (i) (b), and may give to such person a certificate to that effect in the Form 4 in the Schedule to these Rules.

Appeals where Fine only is Inflicted.

5.-(a.) Where a person has, on his conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, such fine shall be paid into Court, and shall be retained until the determination of any appeal in relation thereto.

(b.) If such person remains in custody in default of payment of the fine, he shall be deemed, for all purposes of the Order or these Rules, to be a person sentenced to imprisonment.

(c.) Where any person has been convicted and is thereupon sentenced to the payment of a fine, and, in default of such payment, to imprisonment, and he intimates to the Judge of the Court of Trial that he is desirous of appealing against his conviction to the Full Court, either upon grounds of law alone, or, with the certificate of the Judge of the Court of Trial, upon any grounds mentioned in Article 7 (i) (b) of the Order, such Judge may, if he thinks right so to do, order such person forthwith to enter into recognizances in such amount, and with or without sureties in such amount as such Judge may think right, to prosecute his appeal. And, subject thereto, may order that payment of the said fine shall be made at the final determination of his said appeal, if the same be dismissed, to the Registrar,

or as the Full Court may then order. The recognizance under this Rule shall be in the Forms 5 and 6 in the Schedule hereto.

The Court of Trial shall forward the recognizances of the appellant and his surety or sureties to the Registrar.

(d.) An appellant who has been sentenced to the payment of a fine, and has paid the same in accordance with such sentence, shall, in the event of his appeal being successful, be entitled, subject to any order of the Full Court, to the return of the sum or any part thereof so paid by him.

(e.) If an appellant to whom Rule 5 (c) applies does not serve, in accordance with these Rules, a notice of appeal upon grounds of law alone, or with the certificate of the Judge of the Court of Trial upon any grounds mentioned in Article 7 (i) (b) of the Order, within seven days from the date of his conviction and sentence, the Court of Trial shall report such omission to the Full Court, who may, after notice in the Forms 7 and 8 in the Schedule hereto has been given to the appellant and his sureties, if any, order an estreat of the recognizances of the appellant and his sureties, and may issue a warrant for the apprehension of the appellant, and may commit him to prison in default of payment of his fine, or may make such other order as they think right.

Custody of Exhibits used at Trial.

6.-(a.) The exhibits shall remain in the custody of the Court of Trial until sent to the Registrar with the record. Provided that

(i.) When the Judge of the Court of Trial is satisfied that any exhibit is urgently required for any purpose, and that such exhibit will be forthcoming when required by the Crown Advocate or Registrar, he may order it to be returned to the custody of the person producing it;

(ii.) When the Judge of the Court of Trial is satisfied that the copy of an exhibit or part of an exhibit is sufficient for the purpose of the appeal, he may direct a certified copy of so much of the exhibit as he deems necessary to be made, and the exhibit to be returned to the person producing it;

(b.) Whenever a person is committed for trial, it shall be the duty of the Court committing such person for trial to make and forward, with the depositions taken in relation to such person, a complete list of such exhibits as have been produced and used in evidence for or against him during any proceedings before such Court, to the Court before which such person is to be tried. Such list shall be in the Form 9 in the Schedule to these Rules, subject to the necessary modifications. The exhibits appearing on such list shall be marked with consecutive numbers for the purpose of readily identifying the same.

Any exhibits put in for the first time at the trial shall be

added to such list by the Court of Trial and marked as herein provided.

A copy of such list shall be sent to the Registrar with the notice of appeal or the notice of application for leave to appeal.

Order made at Trial. Consequential Orders and Suspension of same pending Appeal.

7.-(4.) The operation of any order for the restitution of property, or order for the payment by a convicted person of costs or damages or any order affecting the rights or property of a convicted person shall be suspended until the expiration of seven days after the day on which any of such orders were made. And in cases where notice of appeal or notice of application for leave to appeal is given within seven days from and after the date of the verdict against such person, such orders shall be further suspended until the determination of the appeal against the conviction in relation to which they were made. The Full Court may by order annul any order to which this Rule refers, or the determination of any appeal under the order, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.

The Court of Trial shall keep a record of any orders to which this Rule refers.

(b.) Where the Judge of the Court of Trial makes any such order on a person convicted before him, as in this Rule mentioned, he shall give such directions as he thinks right as to the retention by any person of any money or valuable securities belonging to the person so convicted, and taken from such person on his apprehension, or of any money or valuable securities at the date of his conviction, in the possession of the prosecution, for the period of seven days, or, in the event of an appeal, until the determination thereof by the Full Court. The Court of Trial shall keep a record of any directions given under this Rule.

(c.) When the Judge of the Court of Trial on the conviction of a person before him makes any order for the payment of money by such person or by any other person upon such conviction, and, by reason of this Rule, such order would otherwise be suspended, such Judge may, if he thinks right so to do, direct that the operation of such order shall not be suspended unless the person on whom such order has been made shall, in such manner and within such time as the said Judge shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such order shall have been made of the amount therein named. Such security may be to the satisfaction of the person in whose favour the order for payment shall have been made, or of any other person as such Judge shall direct.

(d.) Where on a conviction any property, matters, or things,

« PreviousContinue »