Page images
PDF
EPUB

South-West Africa) exercised by the Government of the Union of South Africa;

(b.) The territory of New Guinea (i.e., the former German possessions in the Pacific Ocean situated south of the Equator other than German Samoa and Nauru) exercised by the Government of the Commonwealth of Australia; and (c.) The territory of Western Samoa (formerly German Samoa) exercised by the Government of the Dominion of New Zealand:

Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to direct, and it is hereby directed, as follows:

1. The above-mentioned territories shall, as from the 1st February, 1922, be included within the definition of the British Empire for the purposes of Section 8 of "The Finance

Act, 1919.

2. This Order may be cited as "The Imperial Preference Order (No. 1), 1922."

ALMERIC FITZROY.

BRITISH ORDER IN COUNCIL as to the Exemption of Belgian Ships from the provisions of "The Merchant Shipping Act, 1894," as to Life-Saving Appliances.London, February 6, 1922.*

At the Court at Buckingham Palace, the 6th day of
February, 1922.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

[ocr errors]

WHEREAS by Section 4 of The Merchant Shipping Act, 1906, it is provided that Sections 427 to 431 of 'The Merchant Shipping Act, 1894" (hereinafter called "the Principal Act), relating to life-saving appliances shall, after the appointed day, apply to all foreign ships while they are within any port of the United Kingdom as they apply to British ships:

Provided that His Majesty may by Order in Council direct that those provisions shall not apply to any ship of a foreign country in which the provisions in force relating to life-saving appliances appear to His Majesty to be as effective as the provisions of Part V of the Principal Act, on proof that those provisions are complied with in the case of that ship;

S. R. and O.. No. 131 (1922).

+ Vol. XCIX, page 14.

Vol. LXXXVI, page 633.

And whereas by Section 5 of the said Act it is provided that the said appointed day shall be the 1st day of January, 1909, or such other day not being more than twelve months later as the Board of Trade may appoint;

And whereas the Board of Trade have appointed the 1st day of October, 1909, to be the day after which the provisions of the Principal Act relating to life-saving appliances shall apply to all foreign ships while they are within any port of the United Kingdom as they apply to British ships;

And whereas it appears to His Majesty that the provisions in force in Belgium relating to life-saving appliances are as effective as the provisions of Part V of the Principal Act:

Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to direct that the provisions of Sections 427 to 431 of the Principal Act shall not apply to any Belgian ship while within any port of the United Kingdom, if it is proved that the aforesaid Belgian provisions relating to life-saving appliances are complied with in the case of that ship.

ALMERIC FITZROY.

BRITISH ORDER IN COUNCIL amending "The Ottoman Order in Council, 1910."--London, February 6, 1922.*

At the Court at Buckingham Palace, the 6th day of
February, 1922.

PRESENT THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by treaty, capitulation, grant, usage, sufferance and other lawful means His Majesty the King has jurisdiction in the Ottoman Dominions;

in

And whereas such jurisdiction is now exercised as provided The Ottoman Order in Council, 1910" (in this Order referred to as "the Principal Order "), and it is desirable to amend the said Order:

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:

1. This Order may be cited as "The Turkey Order in
*"London Gazette," March 10, 1922.
+ Vol. LXXXII, page 656.

+ Vol. CIII, page 181.

Council, 1922." and shall be read as one with the Principal Order.

2. This Order shall not apply to Egypt.

3. (1.) The operation of so much of the Principal Order as relates to the power and jurisdiction of Courts is hereby Suspended until His Majesty, by and with the advice of his Privy Council, shall otherwise order, in such portions of the Ottoman Dominions as may be subject to the military occupation of Great Britain or of an allied Power or Powers, provided that Courts have been established therein by the occupying Power or Powers which are recognised by His Majesty as competent to exercise jurisdiction over British subjects and their property and over British ships.

(2.) The Secretary of State shall from time to time give notice of any such suspension of the Principal Order and shall specify the areas within which such suspension shall operate.

Any notice by the Secretary of State under this article may be rescinded, revoked, varied or amended, and shall be published as he may direct.

(3.) Provided that where any proceedings have been taken previous to the issue of any such notice by the Secretary of State before any Court established under the Principal Order of which the jurisdiction is suspended and are still pending at the date of such notice, such proceedings may be completed before the Court in which they were instituted or may by order of the Supreme Court be transferred to the Supreme Court. All steps taken, and any act done by any Judge, Consular Officer or other person in the course of such proceedings shall be deemed to be valid if they would have been valid but for the issue of such notice, and no action shall be entertained in any Court against such Judge, officer or person in respect of any such act.

Supreme Court.

4. The Supreme Court shall, subject to the provisions of Article 6 of this Order, consist of a Judge, to be appointed in accordance with the provisions of Article 8 of the Principal Order.

The Judge shall be, at the time of his appointment, a member of the Bar of England, Scotland or Ireland, of not less than seven years' standing.

5. During a vacancy in the office of Judge, or in case of the illness or incapacity of the Judge or of his absence from the Ottoman Dominions, the Secretary of State may appoint a fit person to act as Judge.

An acting Judge shall, during the continuance of his appointment, have all the power and authority of the Judge.

Full Court.

6. (1.) The Judge of the Supreme Court for Egypt for the time being shall, without further appointment, be a member of the Full Court provided for in Article 8 (3) of the Principal Order, and the Judge of the Supreme Court for Egypt and the Judge of the Supreme Court; sitting together, shall constitute the Full Court for the purposes of the said Order.

(2.) When there is a difference of opinion in the Full Court, the opinion of the Judge of the Supreme Court for Egypt shall prevail.

Registration.

7. The following provisions are substituted for Articles 151-161 inclusive of the Principal Order :-

(1.) A register of British subjects shall be kept in the office of every Consulate in the Ottoman Dominions.

(2.) Every British subject resident in the Ottoman Dominions shall, in the month of January of each year, be registered at the Consulate of the Consular district within which he resides, provided that if some other Consulate is more easy of access, he may, with the assent of the Consular Officer, be registered there. A British subject arriving in the Ottoman Dominions must apply for registration within one month after his arrival; provided that a person who fails to apply for or to obtain registration within the time limited by this article may be registered at any time if he excuses his failure to the satisfaction of the Consular Officer.

(3.) Where a person is in possession of a valid British passport the Consular Officer shall, on the first registration of any such person, endorse on the passport without further fee than that provided for in Sub-Article (6) hereunder, a certificate of registration in such form as may be prescribed by the Secretary of State. Where any such person applies for the renewal of the registration and produces his passport, the renewal of the registration shall, without further fee than that provided for in Sub-Article (6) hereunder, be endorsed

thereon.

(4.) Every person who has not previously been registered applying to be registered under this Order shall, unless excused by the Consular Officer, attend personally for that purpose at the Consulate, but any person applying for the renewal of his registration need not attend personally unless directed by the Consular Officer so to do, provided that the registration of the wife or wives of a man who is registered under this Order may, if living with him, be effected without their personal attendance being required, and provided also that the registration of minors, being his relatives in whatever degree, living with the head of a family who is registered

under this Order, may be effected without their personal attendance being required.

(5.) A person registered in any register of British subjects established under the provisions of any Order in Council which have been repealed shall be registered under the provisions of this Order, unless the Consular Officer is satisfied after enquiry that the previous registration was erroneous or that such person is not entitled to registration under the provisions of this Order.

(6.) Every person shall, on every registration of himself, ` and on every renewal of the registration, pay a fee of 2s. 6d., or such other fee as the Secretary of State from time to time appoints. The amount of the fee may be uniform for all persons or may vary according to the position and circumstances of different classes, if the Secretary of State from time to time so directs, but may not in any case exceed 58.

(7.) Where any person applies to be registered, he shall be entitled without a fee to the assistance of the Consular Officer in the preparation of any affidavit that may be required.

(8.) The Consular Officer may require the production of such evidence that an applicant for registration is entitled to the status of a British subject as he may see fit, but subject to such directions as may be issued by the Secretary of State.

(9.) If any British subject neglects to obtain registration under the provisions of this Order, he shall not be entitled to be recognised or protected as a British subject in the Ottoman Dominions, and shall be liable to a fine not exceeding £2 for each instance of such failure, but he shall, although not registered, be subject to the jurisdiction of His Majesty's Courts in the Ottoman Dominions.

8. From and after the commencement of this Order, Articles 151-161 inclusive of the Principal Order are repealed, but this repeal shall not prejudice any rights, obligations, or liabilities accrued thereunder.

9. The Secretary of State may, by notice in writing published in such manner as he may think fit, suspend the operation of Article 7 of this Order in any part of the Ottoman Dominions in which he considers that sufficient provision is made by local enactments for the registration of British subjects.

General.

10. No proceedings which may have been taken previous. to the making of this Order in any place within the limits of this Order before any Court established under the Principal Order shall be questioned upon the ground of any lack of validity on the part of the Court in or before which, or of the Judge before whom, such proceedings were taken.

« PreviousContinue »