JURISDICTION AND APPEALS

THE OC1865 REGIME for criminal cases broadly followed the customary position in England and cases were tri-able summarily or on indictment. Most cases in East Asia were tried summarily where anyone could institute the prosecution and there were three gradations of a Consul's power to try such cases – all linked to his sentencing powers – and whether he tried the case alone or with up to four Assessors. We find no instances of a Consul in Korea sitting with Assessors – thus, in Korea, the maximum penalty that a Consul could impose was a fine of $200 or sentences of three months’ imprisonment. Even in Japan, the Consuls’ jurisdiction and sentencing powers when sitting alone had proved adequate for the bulk of criminal cases with very few being heard with Assessors and only the more serious cases being tried upon indictment.

Only the Crown could bring prosecutions on indictment – following committal proceedings before a Consul to assess whether or not a prima facie case had been established to go to trial. No private prosecutions on indictment were permissible – although an individual could initiate committal proceedings by laying information before the Consul. Following a committal, depositions of the facts and evidence were prepared and delivered to the Crown Advocate who would either prosecute or instruct a ‘proper representative’ to do so. After being committed for trial, a defendant would be either held in custody or allowed bail – which could be substantial.

Appeals in criminal cases were limited to questions of law. There were no appeals from Korea in any criminal matters, unlike a handful of appeals from Japan. The power of Pardon for crimes was reserved to the Crown but, by letters patent, the power was vested in the Ministers to Japan and China in respect of British prisoners in those countries. No similar power of pardon was ever vested in British officials in Korea: the question never arose.

We have records of just eight criminal matters involving British subjects as defendants in Korea – and, of these, only four came to Court. Two were tried before the Supreme Court (one on indictment, the other summarily), one was heard summarily before the Consul-General; but, as to the fourth, we have few details.