Page:United States Statutes at Large Volume 47 Part 2.djvu/1124

 2714 CHINESE COURTS-INTERNATIONAL SETTLEMENT. their functions in accordance with Chinese law in all cases involving the application of Articles 103 to 186 of the Chinese Criminal Code, except where the Municipal Police of the International Settlement pt:!~Dal'J' Investi· or the party concerned has already initiated prosecution, provided that all preliminary investigations conducted by the procurator shall be held publicly and counsel for the accused shall have the right to be present and heard. In other cases arising within the jurisdiction of the Courts, the Municipal Police or the party concerned shall prosecute. The proc- urator shall have the right to express his views in court in all crimi- nal cases in which the prosecution is initiated by the Municipal Police or the party concerned. ARTICLE VI 1udicial processes. All judicial processes, such as summonses, warrants, orders, et cetera, shall be valid only after they have been signed by a judge of the Courts established under the present Agreement, whereupon they shall be served or executed by the judicial police or, as provided below, by the process-servers thereof. No person found in the International Settlement shall be handed over to the extra-Settlement authorities without a preliminary in- vestigation in court at which counsel for the accused shall have the right to be present and heard, except in the case of requests emanating from other modern law courts when the accused may be handed over after his identity has been established by the Court. All judgments, decisions and rulings of the Courts shall be executed as soon as they become final as a result of the judicial proce- dure in force in the said Courts. Whenever necessary, the Municipal Police shall render any assistance within their power as may be req!lested of them. The process-servers of the Courts shall be appointed by the Presi- dents of the Courts respectively and their duties shall be to serve all summonses and deliver other documents of the Courts in connection with civil cases. For the execution of judgments in civil cases, the process-servel'B shall be accompanied by the judicial police. The officers and members of the judicial police of the Courts shall be appointed by the President of the Branch High Court upon the recommendation of the Municipal Council and sh~ll be subject to dismissal by the President of that Court upon cause shown. Their services will also be terminated by the President at the request of the Municipal Council upon cause shown. They shall wear the uniform designed by the Chinese judicial authorities, and shall be subject to the orders and direction of the Courts and faithful to their duties. ARTICLE VII House Of. Detention The House of Detention for civil cases and the Women's Prison and Women s Prison. hd hChin f' . . h. Jurisdiction trans- attac e to t e ese court now unctlonmg m t e International ferred. Settlement at Shanghai shall be transferred from that court to the Courts established under the present Agreement and shall be super- Sentences. vised and administered by the Chinese authorities. All l:::oners now serving sentences in the prisons attached to the C. ese court now functioning in the International Settle- ment and those sentenced by the Courts established under the pres-