(4.) King's Regulations shall not take effect until they are allowed by a Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council Provided that in case of urgency declared in any such Regulations the same shall take effect before such allowance, and shall continue to have effect unless and until they are disallowed by the Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council, and until notification of such disallowance is received and published by the Consul-General, and such disallowance shall be without prejudice to anything done or suffered under such Regulations in the meantime. (5.) All King's Regulations shall be published by the Consul-General in such manner and at such places as he may think proper. (6.) In this article "breach of the Regulations" includes the breach of any native or local law or custom, the observance of which is required by any King's Regulations. 63. Judicial notice shall be taken of this Order, and of the commencement thereof, and of the appointment of the Consul-General, and of the constitution of the Court, and of consular seals and signatures, and of any Rules and Regulations made or in force under this Order, and no proof shall be required, of any of such matters. 64. Nothing in this Order shall deprive the Consul-General of the right to observe, and to enforce the observance of, or shall deprive any person of the benefit of, any reasonable custom existing within the limits of this Order, unless this Order contains some express and specific provision incompatible with the observance thereof. 65. Nothing in this Order shall (i.) Affect any power or jurisdiction conferred by, or refered to in, the Act of the Governor-General of India in Council, entitled "The Foreign Jurisdiction and Extradition Act, 1879" (Act XXI of 1879), or in "The Indian (Foreign Jurisdiction) Order in Council, 1902 "; or (ii.) Affect any jurisdiction for the time being exercisable by the Consul-General under any Imperial Act other than The Foreign Jurisdiction Act, 1890"; or (iii.) Prevent the Consul-General from doing anything which His Majesty's Consuls in the dominions of any State in amity with His Majesty are for the time being, by law, usage, or sufferance, entitled or enabled to do. 66. If a question arises whether any place is or is not within the limits of this Order for the purposes of this Order, it shall be referred to the Consul-General, and a certificate under his hand and seal shall be conclusive on the question, and shall be taken judicial notice of by the Chief Court of the Punjab and by the Court. 67. Not later than the 31st day of March in each year, or such other day as the Secretary of State, or, with his previous or subsequent assent, the Governor-General of India in Council, directs from time to time, the Consul-General shall send to the Governor-General of India in Council, for transmission to the Secretary of State, a report on the operation of this Order up to the 31st day of December in the previous year, or such other date as the Secretary of State, or, with his previous or subsequent assent, the GovernorGeneral of India in Council, directs from time to time, showing for the last twelve months the number and nature of the proceedings, criminal and civil, taken under this Order, and the result thereof, and the number and amount of fees received, and containing an abstract of the list of registered British subjects and such other information, and being in such form as the Secretary of State, or, with his previous or subsequent assent, the Governor-General of India in Council, from time to time directs. 68.-(1.) A printed copy of this Order, and of all Rules of Procedure and other Rules for the time being in force under this Order, shall be kept open to inspection, free of charge, in the office of the Consul-General. (2.) Printed copies thereof shall be sold within the limits of this Order at such reasonable price as the Consul-General from time to time directs. 69.-(1.) This Order shall be published in the "Gazette of India within such time after the passing thereof as the Secretary of State may prescribe, and shall come into force on such day (in this Order referred to as the commencement of this Order) within six months after that publication, as the Governor-General of India in Council may, by notification in the said "Gazette," appoint in this behalf. (2.) But any appointment under this Order may be made at any time after its passing, and no proof shall, in any proceedings, be required of any of the matters prescribed by this article. 70.-(1.) As from the commencement of this Order the Orders in Council mentioned in the Second Schedule to this Order shall be repealed within the limits of this Order; but this repeal shall not (a.) Affect the past operation of those Orders, or any of them, or any appointment made, or any right, title, obligation, or liability accrued, or the validity or invalidity of anything done or suffered under any of those Orders, before the making of this Order; (b.) Interfere with the institution or prosecution of any proceeding or action, criminal or civil, in respect of any offence committed against, or forfeiture incurred or liability accrued under, or in consequence of, any provision of any of those Orders, or any Regulation confirmed by any such Order or made thereunder; (c.) Take away or abridge any protection or benefit given or to be enjoyed in relation thereto. (2.) Notwithstanding the repeal of the Orders aforesaid, all Rules and Regulations approved or confirmed by or under any Order so repealed shall continue and be as if this Order had not been made; but so that the same may be revoked, altered, or otherwise dealt with under this Order, as if they had been made under this Order. (3.) Criminal or civil proceedings begun under any of the Orders repealed by this Order, and pending at the time when this Order comes into operation, shall, from and after that time, be regulated by the provisions of this Order, as far as the nature and circumstances of each case admit. 71. This Order may be cited as "The China (Kashgar) Order in Council, 1920.” And the Earl Curzon of Kedleston and the Right Honourable Edwin Samuel Montagu, two of His Majesty's Principal Secretaries of State, are to give the necessary directions herein as to them may respectively appertain. ALMERIC FITZROY. FIRST SCHEDULE. Indian Acts Applied. "The Indian Lunacy Act, 1912" (4 of 1912). "The Indian Penal Code" (Act XLV of 1860). 66 66 The Whipping Act, 1864" (Act VI of 1864). The Indian Succession Act" (Act X of 1865). The Indian Divorce Act" (Act IV of 1869), except so much relates to divorce and nullity of marriage. as The Punjab Courts Act, 1918." The Indian Evidence Act, 1872" (Act I of 1872). "The Indian Oaths Act, 1873" (Act X of 1873). "The Indian Contract Act, 1872" (Act IX of 1872). "The Indian Majority Act" (Act IX of 1875). "The Provincial Small Cause Courts Act, 1887" (Act IX of 1887). "The Prevention of Cruelty to Animals Act, 1890 (Act XI of 1890). "The Indian Pilgrim Ships Act (Act XIV of 1895). "The Code of Criminal Procedure" (Act V of 1898), except Chapter XXXIII. So much of The Indian Post Office Act, 1898" (Act VI of 1898), as relates to offences against the Post Office. "The Code of Civil Procedure, 1908" (Act V of 1908). "The Indian Limitation Act, 1908" (Act IX of 1908), so far as it applies to appeals and applications. The Provincial Insolvency Act, 1907" (Act III of 1907). SECOND SCHEDULE. Orders in Council repealed within the Limits of this Order. The Consular Courts (Admiralty) Order in Council, 1894.* The China (Amendment) Order in Council, 1907.‡ The Foreign Jurisdiction (Admiralty) Order in Council, 1910.¶ BRITISH ORDER IN COUNCIL carrying out the provisions of The Aliens Restriction (Amendment) Act, 1919," and imposing certain Restrictions on Aliens.London, March 25, 1920.¶¶ At the Court at Buckingham Palace, the 25th day of PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. 66 WHEREAS by The Aliens Restriction Act, 1914 ***** (in this Order called the Principal Act), His Majesty was empowered at any time when a state of war might exist between His Majesty and any foreign Power, or when it appeared that an occasion of imminent national danger or great emergency had arisen, by Order in Council to impose restrictions on aliens; And whereas in pursuance of the powers conferred by the Principal Act, His Majesty in Council has been pleased by The Aliens Order, 1919,"'t to impose certain restrictions on aliens: And whereas by "The Aliens Restriction (Amendment) Act, 1919," the powers so conferred upon His Majesty by the Principal Act have been extended and made exercisable for a period of one year after the 23rd day of December, 1919, not only in the circumstances aforesaid, but at any time, and The Aliens Act, 1905," has been repealed from such date as may be specified by Order in Council, and any such Order may incorporate with or without modification any of the provisions of "The Aliens Act, 1905 ";* And whereas it is provided by the Principal Act that His Majesty may by Order in Council revoke or add to any Order in Council made thereunder; And whereas it is desirable that the provisions of the said Aliens Order, 1919," should be amended in certain particulars and as so amended should continue in force together with certain provisions of "The Aliens Act, 1905," after the termination of the present war, and that a date may be fixed for the repeal of "The Aliens Act, 1905 "; And whereas the provisions of Section 1 of "The Rules Publication Act, 1893," have been complied with: Now, therefore, His Majesty is pleased, by and with the advice of his Privy Council, to order, and it is hereby ordered, as follows: PART I.-Admission of Aliens. 1.-(1.) An alien coming from outside the United Kingdom shall not land in the United Kingdom except with the leave of an immigration officer. (2.) Leave shall not be given to a former enemy alien to land in the United Kingdom except by permission of the Secretary of State. (3.) Leave shall not be given to an alien to land in the United Kingdom unless he complies with the following conditions, that is to say: (a.) He is in a position to support himself and, his dependents; (b.) If desirous of entering the service of an employer in the United Kingdom he produces a permit in writing for his engagement issued to the employer by the Minister of Labour; (c.) He is not a lunatic, idiot, or mentally deficient; (d.) He is not the subject of a certificate given to the immigration officer by a medical inspector that for medical reasons it is undesirable that the alien should be permitted to land; (e.) He has not been sentenced in a foreign country for any extradition crime within the meaning of The Extradition Acts, 1870 to 1906"; (f.) He is not the subject of a deportation order in force * Vol. XCVIII, page 9. |