Counsel went on to- counter that the whole object of granting the power mentioned under the order-in-council was to enable the local zufhorities to regulate matters con-erning policing and, health according to local bye-laws, provided they were approved by the Chinese Government and the foreign powers, and the licensing of the sale of the lottery tickets concerned has therefore been delegated entirely to the Council under "its regulations and bye-laws and the delegated authority was en-foreable in the Chinese court under the Rendition Agreement of 1930, and it is enforcable so far as British subjects are concerned by virtue of order-in-council, Article 210.
Continuing he said: "The British Government has in conjunction with other governments delegated the power to the Council to make regulations and bye-laws... The Land Regulations and bye-laws are international agreements... When, we come to the question of the applicability of English law in China one has to take cognizance of the existing provisions made for the local government.
"A definite power has been vasted in the SM.C. under bye-law 34 to permit in the Settlement, the sale of lottery tickets. That power was vest-in the Council by virtue of a resolution of the Land Renters (now known as ratepayers) in public meeting and which was approved by the foreign powers and the Chinese Government in accordance with the rules laid down for the passing of bye-lowa in the Land Regulations. To complete the chain I will say that the Land Regulations themselves represent an agreement between the treaty powers in China and under Article 210 of the 1925 Order-in-Council are binding on British subjects, "I will also add that the Land Regulations and bye-laws also form a part of Chinese laws applicable to Chinese- citizens in the Settlement under the Rendition Agreement of 1930 (Section 2)."
Dealing with the third question raised by Dr. applicability of the Act in Chi Rankin regarding the counsel submitted that he would be in agreement with Dr. Rankin but only "as far as circumstances permit" əs laid down in one of the orders. in-council, while in another it was stated that in certain circumstances power has been given to local authorities to make certain local regulations applicable to Shanghai. The two orders-in-council must be read together, Articles 39 and 210), he submitted, adding "You cannot on one hand say that #1 British laws applicable in England are applicable by virtue of extrality here and at the same time say in another order-in-council that under certain circumstances power has been given to make local regulations binding on British subjects unless you infer that the application of British laws here is subject to the application of. the local regulations. Article 39 must be read subject to 210."
Decision in the Road Act Case Mr. Jones went on to say that he was perfectly aware of the decision of the full court here in the Road Act case, regarding the application of the Act to Shanghai. Certain acts of Parliament like the Moneylenders' Act have been held to be not applica able here, he said, but the Road Act was held to be applicable. He then said:
"I want to distinguish, how-, ever, between that case and this. The judgment in that case if read carefully stressed a number of circumstances. The learned judge who aeliyered the judgment at the end referred to a number of local circumstances. The circumstances were different from this case. That case involved inadequate local punishment Which did not cover offences like driving a car while under the influence of drink, and to fill in the gap certain provisions of the Road Act were brought to the aid of the local authorities. There were two very distinguishing features: 1—the Act was applied to punish an offence also punishable under the local bye-laws, whereas in this case there is
Text read from the printed page and cleaned; old type leaves the occasional error.