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BRITISH ORDER IN COUNCIL, respecting the Exercise of
Her Majesty's Jurisdiction in Zanzibar.-Windsor, July 17, 1893.
At the Court at Windsor, the 17th day of July, 1893.
Marquess of Ripon.
Sir Edmund Monson.
WHEREAS by Treaty, grant, usage, sufferance, and other lawful meaus, Her Majesty the Queen has jurisdiction in Zanzibar:
Now, therefore, Her Majesty, by virtue and in exercise of the powers in this behalf by “ The Foreign Jurisdiction Act, 1890,"* or other sise, in Her Majesty vested, is pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows:
1. This Order may be cited as “ The Zanzibar (Jurisdiction) Order in Council, 1893,” and shall be construed as one with “ The Zanzibar Order in Council, 1884,"1 and “The Zanzibar Order in Council, 1888 "7 (herein respectively referred to as the Order of 1884 and the Order of 1888).
2.-(1.) Natives of any Protectorate of Her Majesty whic bis outside Zanzibar shall, when within Zanzibar, he deemed to be British-protected persons within the meaning of the Orders in Council relating to Zanzibar.
(2.) Such of the provisions of those Orders as refer to British subjects shall extend also to Zanzibar subjects, but in so far only as by Treaty, Convention, grant, usage, or other lawful means Her Majesty has jurisdiction in Zanzibar in relation to Zanzibar subjects.
3. Article 8 of the Order of 1884 is hereby amended, and from and after the commencement of this Order Chapter XXXIII of the Act therein referred to as the Code of Criminal Procedure (Act X of 1882), which relates to criminal proceedings against Europeans and Americans, shall not be applicable to Zanzibar.
4. The Order of 1884, and the Orders amending the saine, sball be read and construed as if the expression "Consular Judge” bad been substituted for “ Judicial Assistant” wherever that expression occurs, provided that if the Consular Officer heretofore acting as
• Vol. LXXXII, page 656. + Vol. LXXV, page 639.
# Vol. LXXIX, page 1060.
Judicial Assistant is appointed to be Consular Judge, all past acts of that officer as Judicial Assistant shall have the same validity as if on the commencement of the Order of 1884 he bad been appointed to be Consular Judge.
5.-(1.) The Secretary of State may appoint one of Her Majesty's Consular Officers in and for Zanzibar to be Assistant Consular Judge, and the Consul-General may, in case of emergency, appoint one of such officers to act temporarily as and for such Assistant Consular Judge.
(2.) Subject to the provisions of this Order, and to any directions of the Secretary of State, the Assistant Consular Judge shall have and exercise all the same powers and jurisdiction which under this Order, and the Order of 1884, can be exercised by the Consular Judge.
6. So much of Article 9 of the Order of 1884 as relates to the Judicial Assistant is hereby repealed, and in the application of the Code of Criminal Procedure and other enactments in that Article referred to, the Assistant Consular Judge shall be deemed to be the Magistrate of the district, and the Consular Judge shall be deemed to be a Joint or Additional Sessions Judge.
7. The powers conferred upon the Consul-General by Article 2 of the Order of 1888 shall extend, and be deemed to have extended, to regulations for enforcing the observance of any Treaty, Coovention, or International Agreement to which Her Majesty is, or may hereafter be, a party, whether the Sultan of Zauzibar is or is not a party thereto.
8. A copy of this Order shall forth with be affixed and exhibited in the Public Office of the Consulate at Zanzibar, and the day on wbich it is so exhibited is herein referred to as the commencement of this Order, provided that any appointment authorized by this Order may be made at any time after its passing.
9. Save as by this Order provided, expressions used in this Order and in the Order of 1884 have the same meaning as in that Order.
And the Right Honourable the Earl of Rosebery, K.G., oue of Her Majesty's Principal Secretaries of State, is to give the necessary directions herein.
C. L. PEEL
BRITISH ORDER IN COUNCIL, providing for the Exercise
of Her Majesty's Jurisdiction in the Pacific Islands. Windsor, March 15, 1893.
At the Court at Windsor, the 15th day of March, 1893.
WHEREAS by the 2nd and 6th sections of " The British Settlements Act, 1887,"* it is enacted as follows :
“2 It shall be lawful for Her Majesty the Queen in Council from time to time to establish all such laws and institutions, and constitute such Courts and officers, and make such provisions and regulations for the proceedings in the said Courts and for the administration of justice, as may appear to Her Majesty in Council to be necessary for the peace, order, and good government of Her Majesty's subjects and others within any British settlement.
"6. For the purposes of this Act, the expression British possession ' means any part of Her Majesty's possessions out of the United Kingdom, and the expression · British settlement' means any British possession which has not been acquired by cession or conquest, and is not for the time being within the jurisdiction of the Legislature, constituted otherwise than by virtue of this Act or of any Act repealed by this Act, of any British possession.”
And whereas there are in the Pacific Ocean certain islands and places which are, or may hereafter become, British settlements within the meaning of the said Act;
And whereas there are also in the Pacific Ocean certain islands or places which are, or may hereafter come, under the protection of Her Majesty ;
And whereas by Treaty, grant, usage, sufferance, or other lawful means Her Majesty bas, or may have, power and jurisdiction in the said last-mentioned islands and places ;
And whereas by “ The Pacific Islanders Protection Act, 1872,”+ provision is made for the prevention and punishment of criminal outrages upon natives of islands in the Pacific Ocean, not being in Her Majesty's dominions, nor within the jurisdiction of any civilized
Vol. LXXVIII, page 824.
+ Vol. LXII, page 1201.
And whereas by the 6th and 7th sections of “the Pacific Islanders Protection Act, 1875,"* it is enacted as follos :
“6. It shall be lawful for Her Majesty to exercise power and jurisdiction over her subjects within any islands and places in the Pacific Ocean not being within Her Majesty's dominions, nor within the jurisdiction of any civilized Power, in the same and as ample a manner as if such power or jurisdiction had been acquired by the cession or conquest of territory, and by Order in Council to create and constitute the office of High Commissioner in, over, and for such islands and places, or some of them, and by the same or any other Order in Council to confer upon such High Commissioner power and authority, in her name and on ber behalf, to make regulations for the government of her subjects in such islands and places, and to impose penalties, forfeitures, or imprisonments for the breach of such regulations.
“It shall be lawful for Her Majesty, by Order in Council, to create a Court of Justice with civil, criminal, and Admiralty jurisdiction over Her Majesty's subjects within the islands and places to which the authority of the said High Commissioner sball extend, and with power to take cognizance of all crimes and offences committed by Her Majesty's subjects within any of the said islands and places, or upon the sea, or in any haven, river, creek, or place within the jurisdiction of the Admiralty; and Her Majesty mar, by Order in Council, from time to time direct that all the powers and jurisdiction aforesaid, or any part thereof, shall be vested in, and may be exercised by, the Court of any British Colony designated in such Order, concurrently with the High Commissioner's Court or otherwise, and may provide for the transmission of offenders to any such Colony for trial and punishment, and for the admission in evidence on such trial of the depositions of witnesses taken in such islands and places as aforesaid, and for all other matters necessary for carrying out the provisions of such Order in Council.
"It shall also be lawful for Her Majesty, by any Order or Orders in Council, from time to time to ordain for the government of Her Majesty's subjects, being within such islands and places, any Law or Ordinance which to Her Majesty in Council may seem meet, as fully and effectually as any such Law or Ordinance could be made by Her Majesty in Council for the government of Her Majesty's subjects within any territory acquired by cession or conquest.
“The person for the time being lawfully acting in the capacity of High Commissioner, and any Deputy Commissioner, duly appointed and empowered under the provisions of any such Order in Council as aforesaid, and acting under the directions of the High Commis. sioner, shall have and may exercise and perform any power, authority,
* Vol. LXVI, page 234.
jurisdiction, and duty vested in, or imposed upon, any British Consular Officer by the principal Act or by any other Act having reference to such Consular Officers, passed either before or after the passing of this Act; and every such Act shall be construed as if the said High Commissioner and Deputy Commissioner were named therein in addition to a British Consular Officer.
“7. Nothing herein or in any such Order in Council contained shall extend or be construed to extend to invest Her Majesty, her heirs or successors, with any claim or title whatsoever to dominion or sovereignty over any such islands or places as aforesaid, or to derogate from the rights of the tribes or people inhabiting such islands or places, or of Chiefs or Rulers thereof, to such sovereignty or dominion.”
Ånd whereas by “The Foreign Jurisdiction Act, 1890,"* and otherwise, Her Majesty bas jurisdiction in the aforesaid islands and places not being within Her Majesty's dominions, nor within the jurisdiction of any civilized Power;
And whereas by the 1st, 2nd, and 5th sections of “ The Foreign Jurisdiction Act, 1890,” it is enacted as follows:
"1. It is, and shall be, lawful for Her Majesty the Queen to hold, exercise, and enjoy any jurisdiction which Her Majesty now has, or may at any time hereafter have, within a foreign country in the same and as ample a manner as if Her Majesty bad acquired that jurisdiction by the cession or conquest of territory.
"2. Where a foreign country is not subject to any Government from whom Her Majesty the Queen might obtain jurisdiction in the manner recited by this Act, Her Majesty shall, by virtue of this Act, have jurisdiction over Her Majesty's subjects for the time being resident in or resorting to that country, and that jurisdiction shall be jurisdiction of Her Majesty in a foreign country within the meaning of the other provisions of this Act.
“5.-(1.) It shall be lawful for Her Majesty the Queen in Council, if she thinks fit, by order to direct that all or any of the enactments described in the first Schedule to this Act, or any enactments for the time being in force amending or substituted for the same, shall extend, with or without any exceptions, adaptations, or modifications in the Order mentioned, to any foreign country in which for the time being Her Majesty bas jurisdiction.
“(2.) Thereupon those enactments shall, to the extent of that jurisdiction, operate as if that country were a British possession, and as if Her Majesty in Council were the Legislature of that possession."
And whereas Her Majesty hath power by Order in Council to make laws for the Colony of Fiji;
* Vol. LXXXII, page 656.