BRITISH ORDER IN COUNCIL providing for the Administration of the Islands of Western Samoa in the Government of the Dominion of New Zealand.-London, March 11, 1920.* At the Court at Buckingham Palace, the 11th day of March, 1920. PRESENT THE KING'S MOST EXCELLENT MAJESTY. Chancellor of the Duchy of Lancaster. Lord Chamberlain. Lord Somerleyton. Sir Frederick Ponsonby. WHEREAS by the Treaty of Peace between the Allied and Associated Powers and Germany signed at Versailles on the 28th day of June, 1919, Germany renounced, in favour of the Principal Allied and Associated Powers, all her right and title over the islands of Western Samoa; And whereas it has been agreed between the Principal Allied and Associated Powers that the said islands shall be administered by His Majesty in his government of his Dominion of New Zealand, subject to, and in accordance with the provisions of the said Treaty; And whereas by treaty, capitulation, grant, usage, sufferance, and other lawful means, His Majesty the King has jurisdiction in the said islands, and it is expedient to determine the mode of exercising such jurisdiction: Now, therefore, His Majesty, by virtue of the powers 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. This Order may be cited as The Western Samoa Order in Council, 1920." 66 2. The limits of this Order are the islands of Opolu and Savaii in the South Pacific Ocean, together with the islands adjacent thereto situated between the thirteenth and fourteenth degrees of south latitude and the one hundred and seventy-first and one hundred and seventy-third degrees west longitude. The said islands shall be known as the territory of Western Samoa and shall not be deemed to be included within the limits of The Pacific Order in Council, 1893,"§ and any Orders amending the same. + Vol. CXII, page 1. "London Gazette," March 12, 1920. 3. The Parliament of the Dominion of New Zealand shall have full power to make laws for the peace, order, and good government of the territory of Western Samoa subject to, and in accordance with the provisions of, the said Treaty of Peace. 4. Subject to the authority so conferred upon the Parliament of the Dominion of New Zealand, and until that Parliament otherwise provides, the Executive Government of the said Dominion may, by Order in Council, exercise the like authority to make laws for the peace, order, and good government of the said territory. 5. His Majesty may, from time to time, revoke, alter, add to, or amend this Order. And the Right Honourable Viscount Milner, G.C.B., G.C.M.G., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL providing for the exercise of British Jurisdiction within the Consular District of Kashgar.-London, March 11, 1920.* At the Court at Buckingham Palace, the 11th day of March, 1920. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Chancellor of the Duchy of Lancaster. Lord Chamberlain. Lord Somerleyton. Sir Frederick Ponsonby. WHEREAS by treaty, grant, usage, sufferance, and other lawful means, His Majesty the King has jurisdiction in China; And whereas it is desirable to make further provision for the exercise of such jurisdiction within the Consular District of Kashgar: Now, therefore, His Majesty, by virtue and in 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: [CXIII] * "London Gazette," March 12, 1920. c 2 PART I.-Preliminary and General. 1. This Order is divided into parts, as follows: — 2. The limits of this Order are the Consular District of Kashgar, viz., the New Dominion and Kobdo. 3. In the construction of this Order the following words and expressions have the meanings hereby assigned to them, unless there be something in the subject or context repugnant thereto, that is to say: "Administration. means letters of administration, including the same with will annexed or granted for special or limited purposes or limited in duration. 66 British Possession" means any part of His Majesty's Dominions exclusive of the United Kingdom. "British subject" includes a British-protected person, that is to say, a person who either (a) is a native of any Protectorate of His Majesty, or (b) by virtue of Section 15 of The Foreign Jurisdiction Act, 1890," or otherwise enjoys His Majesty's protection within the limits of this Order. It also includes the children, but not the grandchildren, of such persons born within the limits of the Order. "High Court" means the High Court of the Punjab. China means the territories of the Republic of China, including Kashgar. China beyond the limits of this Order" means the territories of the Republic of China, so far as not included within the limits of this Order. "Chinese or foreign Court," or "Chinese or foreign Tribunal," means a Court or Tribunal of the Government of China, or of any foreign State in amity with His Majesty, and exercising lawful jurisdiction in China, and includes every member or officer of such a Court or Tribunal. Consul-General" means the person for the time being holding the office of His Majesty's Consul-General at Kashgar, and includes a person acting temporarily, with the approval of the Secretary of State, as or for such ConsulGeneral. "Consular seal" means the official seal of the Consul General. "The Court' means the Court held by the ConsulGeneral under the provisions of this Order. "Foreigner" means a subject or citizen of a State in amity with His Majesty, including China. Imprisonment means imprisonment of either description as defined in the Indian Penal Code. Order. tion. Kashgar" includes all places within the limits of this. Month means calendar month. "Oath" or "Affidavit " includes affirmation or declara "Offence means any act or omission punishable by a Criminal Court. "Person" includes corporation. "Secretary of State Principal Secretaries of State. means one of His Majesty's "The Treasury means the Commissioners of His Majesty's Treasury for the time being, or any two of them. Treaty" includes any Capitulations, Convention, Agreement, or Arrangement made by or on behalf of His Majesty with any State or Government, king, chief, people or tribe, or to the benefit of which His Majesty has succeeded, whether the Government of China is a party thereto or not. "Will" means will, codicil, or other testamentary instru ment. Expressions used in any enactments applied within the limits of this Order, or in any Rules, Regulations, or Orders made under this Order, shall, unless a contrary intention appears, have the same respective meanings in this Order. 4.-(1.) In this Order words importing the plural or the singular may be construed as referring to one person or thing, or to more than one person or thing, and words importing the masculine as referring to the feminine, as the case may require. (2.) Where this Order confers any power or imposes any duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires. (3.) Where this Order confers a power, or imposes a duty on, or with respect to, a holder of any office, as such, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by, or with respect to, the holder for the time being of the office or the temporarily acting for the holder. person (4.) Where this Order confers a power to make any Rules, Regulations, or Orders, the power shall, unless a contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, vary, or amend the Rules, Regulations, or Orders. (5.) This article shall apply to the construction of any Regulations, Rules, or Orders made under this Order, unless a contrary intention appears. Where this Order refers to any specified Act or Acts of Parliament, such reference shall, unless a contrary intention appears, be deemed to include any Act or Acts amending or substituted for the same. 5. The jurisdiction conferred by this Order extends to the persons and matters following, in so far as by treaty, grant, usage, sufferance, or other lawful means, His Majesty has jurisdiction in relation to such persons, matters, and things, that is to say: (1.) British subjects, as herein defined, within the limits. of this Order. (2.) The property and all personal or proprietary rights and liabilities within the said limits of British subjects, whether such subjects are within the said limits or not. (3.) Foreigners in the cases and according to the conditions specified in this Order and not otherwise. (4.) Foreigners, with respect to whom any State, king, chief, or Government, whose subjects, or under whose protection they are, has by any Treaty as herein defined or otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty. 6. All His Majesty's jurisdiction exercisable within the limits of this Order for the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, so far as this Order extends and applies. 7.-(1.) The Consul-General shall hold and form a Court, to be called the Court of the Consul-General, and in this Order described as the Court, which shall exercise jurisdiction in accordance with the provisions of this Order. (2.) The Court shall in the exercise of every part of its jurisdiction be a Court of Record. (3.) The consular seal shall be used as the seal of the Court. |