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. "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. "Kashgar includes all places within the limits of this Order. 66 tion. Month means calendar month. Oath" or "Affidavit " includes affirmation or declara Offence" means any act or omission punishable by a Criminal Court. 66 means one of His Majesty's 'Person" includes corporation. "Secretary of State Principal Secretaries of State. "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 person temporarily acting for the holder. (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. PART II.-Application of Law of British India and of the United Kingdom. 8.-(1.) Subject to the other provisions of this Order, and to any Treaties for the time being in force relating to Kashgar, His Majesty's criminal and civil jurisdiction within the limits of this Order shall, so far as circumstances admit, be exercised on the principles of, and in conformity with, the enactments for the time being applicable as hereinafter mentioned of the Governor-General of India in Council, and of the Lieutenant-Governor of the Punjab in Council, and in accordance with the powers vested in, and the course of procedure and practice observed by and before, the Courts in the Punjab according to their respective jurisdiction and authority, and, so far as such enactments, powers, procedure, and practice are applicable, shall be exercised in accordance with justice, equity, and good conscience. (2.) The enactments mentioned in the First Schedule to this Order are hereby made applicable within the limits of this Order as from the commencement of this Order. (3.) Any other existing or future enactments of the Governor-General of India in Council or of the LieutenantGovernor of the Punjab in Council may be applied within the limits of this Order by King's Regulations under Article 61 of this Order. (4.) Any Act of the Governor-General of India in Council or of the Lieutenant-Governor of the Punjab in Council, whether passed before or after the commencement of this Order, amending or substituted for any Act of either of these Legislatures which applies or may be applied within the limits of this Order, shall, subject to the provisions of this Order, also apply within the limits of this Order. 9. The enactments described in the First Schedule to "The Foreign Jurisdiction Act, 1890," other than "The Admiralty Offences (Colonial) Act, 1849," "The Merchant Shipping Act, 1854,"* Part X, "The Admiralty Offences (Colonial) Act, 1860," and "The Merchant Shipping Act, 1867" (Section 11), shall apply to Kashgar as if it were a British colony or possession; but subject to the provisions of this Order, and to the exceptions, adaptations, and modifications following, that is to say: (i.) The Consul-General is hereby substituted for the Governor of a colony or British possession, and the Court is hereby substituted for a Superior Court or Supreme Court, and for a Magistrate or Justice of the Peace of a colony or British possession. (ii.) In Section 51 of "The Conveyancing (Scotland) Act, * Vol. XLV, page 1347. + Vol. LXVI, page 711. |