Abbildungen der Seite
PDF
EPUB

China and Corea Order in Council, 1904,"* hereinafter referred as the Principal Order.

[ocr errors]

2. In place of that contained in Article 5 of The China a Corea (Amendment) Order in Council, 1907,"† the followi Article shall take effect instead of Article 75 of the Princi Order :

[ocr errors]

(1.) Every person subject to the criminal jurisdiction of t Court who prints, publishes, or offers for sale any printed written newspaper or other publication containing seditio matter shall be guilty of a grave offence against the Princip Order, and may, in addition to, or in lieu of, any other punis ment, be ordered either to give security for good behaviour to be deported;

(2.) Where any printed or written newspaper or othe publication containing seditious matter is printed, published or offered for sale within the limits of the Principal Order i a company registered in the United Kingdom or in a Briti possession, the Court may, after notice to the company, an on proof of the facts, require the company to give securit to abstain from such printing, publishing, or offering for sale future. If the company fail to give security, or if the compan is shown to have again printed, published or offered for sale suc newspaper or other publication containing seditious matter afte giving such security, the Court may make an order prohibitin the company from carrying on business within the limits of thi Order, or may make such other orders as to the Court may seen just. The Court may also declare all the property of the com pany within the limits of the Order to be forfeited to His Majest the King, and shall dispose of it, subject to any general or specia directions of the Secretary of State, as it thinks fit;

(3.) Matter calculated to excite tumult or disorder, or t‹ excite enmity between His Majesty's subjects and the Govern ment of China or the Government of Corea, or the authorities o subjects of any Power in amity with His Majesty, being within the limits of this Order, or between the Government of Chine and its subjects, or the Government of Corea and its subjects. shall be deemed to be seditious matter within the meaning of this Article ;

(4.) An offence against this Article shall not be tried except on a charge and by the Supreme Court;

(5.) Notwithstanding anything contained in the Principal Order, the charge may, for reasons to be recorded on the minutes, be heard and determined before a Judge sitting without a jury

or assessors.

3.-(1.) The powers of His Majesty's Minister in China to make King's Regulations under Article 155 of the Principal Order, or to join with the Ministers of any foreign Powers in amity with His Majesty in making or adopting municipal regulations under Article 156 of the Principal Order, shall

* Vol. XCVII, page 150.

+ Vol. C, page 50.

[merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small]

Order in Council, 1906"* (hereinafter called the Principal Order).

[ocr errors]

2. The following sub-Article shall be substituted for Article 21 (1) of the Principal Order :

[ocr errors]

:

Where an offender convicted before the Court is sentenced to imprisonment, and the Court, proceeding under section 7 of The Foreign Jurisdiction Act, 1890,' authority in that behalf being hereby given to it, considers it expedient that the sentence shall be carried into effect elsewhere than in Zanzibar, the place shall be a place in the East Africa Protectorate, or a place in some part of His Majesty's dominions out of the United Kingdom, or in one of His Majesty's Protectorates, provided that the Government thereof consents that offenders may be sent thither under this Article.'

3. Article 21 (1) of the Principal Order is hereby repealed. And the Right Honourable Sir E. Grey, Bart., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein.

ALMERIC FITZROY.

BRITISH ORDER IN COUNCIL giving effect to the Convention between Great Britain and France by modifying "The Workmen's Compensation Act, 1906," in its appli cation to Workmen who are French Citizens. London, November 22, 1909.†

At the Court at Buckingham Palace, the 22nd day of November, 1909.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS His Majesty the King and the President of the French Republic have concluded a Convention to the effect that their respective subjects and citizens shall enjoy reciprocally the benefits of the legislation in force in the United Kingdom of Great Britain and Ireland and France respectively, in regard to compensation for accidents arising out of their employment;

And whereas by section 1 of "The Workmen's Compensation (Anglo-French Convention) Act, 1909," it is provided that His Majesty may, by Order in Council, make such modifications in "The Workmen's Compensation Act, 1906,"S in its application to workmen who are French citizens, as appear to him to be necessary to give effect to the said Convention :

[blocks in formation]

Now, therefore, in pursuance of the powers vested in him by the above-mentioned provisions of "The Workmen's Compensation (Anglo-French Convention) Act, 1909," His Majesty is pleased, by and with the advice of His Privy Council, to order and prescribe as follows:

"The Workmen's Compensation Act, 1906," hereinafter referred to as the Act, shall in the case of workmen who are French citizens, apply subject to the following modifications:

1. An employer having his principal place of business in France shall not be liable to pay compensation under the Act for injury to a workman who is a French citizen by accident arising out of and in the course of the employment

(i.) If the workman has been temporarily detached for employment in the United Kingdom, and such employment has at the time of the accident lasted less than six months;

(ii.) If the workman is engaged in transport service and is employed at intervals, whether regular or not, in the United Kingdom.

2. In all cases the question as to the liability to pay compensation under the Act to a French citizen, and as to the amount or duration of such compensation, including the question of the redemption of weekly payments, and in cases of death, the question as to who is a dependant and as to the amount payable to each dependant, shall be settled by the Judge of the County Court and in no other manner.

3. Where a weekly payment payable to a French citizen has been redeemed by the payment of a lump sum of such amount as would, if invested in the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank, purchase an annuity for the workman of upwards of 47., the lump sum shall be paid into the County Court and invested in the purchase of an annuity for the benefit of the workman.

4. Where a lump sum payable either in the redemption of a weekly payment or as compensation to the dependants of a deceased workman has been paid into the County Court, then :

(a.) If the workman returns to reside in France; or

(b.) If the dependants resided in France at the time of t death of the workman, or subsequently return to reside France,

the total sum due to the injured workman or his dependa shall be transferred to the "Caisse nationale française Retraites pour la Vieillesse."

5. Where a workman receiving a weekly payment retu to reside in France, the amount due by way of weekly payme shall, notwithstanding anything in paragraph 18 of the F Schedule to the Act, be remitted to him through the Cou! Court at such intervals and in such manner as may be agre upon between the Secretary of State and such persons as President of the French Republic may authorize for the purpo

6. No Court fee or other charge shall be payable in the case of a workman who is a French citizen in respect of any proceedings under the Act in the County Court, whether under paragraph 15 of the First Schedule to that Act, or subsequent to the award, or otherwise.

7. The Registrar of every County Court shall, not later than the 31st January in each year, send to the Secretary of State for the Home Department, in a form prescribed by him, a record of all judicial decisions given in the course of the preceding year under the Act in the case of French citizens, and the said Secretary of State shall cause such record to be communicated to the "Département du Travail et de la Prévoyance sociale."

8. The power of making rules under the Act shall include a power to make such rules as may be necessary for the purpose of carrying this Order into effect.

9. In Scotland references to the Sheriff Court shall be substituted for references to the County Court, reference to the Sheriff for reference to the Judge of the County Court, and reference to the Sheriff Clerk for reference to the Registrar of the County Court.

10. This Order shall apply to all accidents happening on and after the date on which the Convention takes effect, and shall cease to have effect on the expiration of one year from the date on which the Convention shall have been denounced by one or other of the two contracting parties. ALMERIC FITZROY.

[ocr errors]

BRITISH ORDER IN COUNCIL exempting French Ships, complying with French provisions, from the Provisions of Sections 427-431 of The Merchant Shipping Act, 1894," as to Life-saving Appliances. London, November 22, 1909.*

[ocr errors]

At the Court at Buckingham Palace, the 22nd day of November, 1909.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by section 4 of "The Merchant Shipping Act, 1906,”+ it is provided that sections 427 to 431 of "The Merchant Shipping Act, 1894," (hereinafter called the Principal Act), relating to life-saving appliances, shall, after the appointed day, apply to all

"London Gazette," November 26, 1909.
page 14.

+ Vol. XCIX,

Vol. LXXXVI, page 633.

« ZurückWeiter »