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Coll 1/17 'Aden Defence Scheme: authority by whom regulations governing food control, censorship, etc, should be issued' [‎19r] (37/240)

The record is made up of 1 file (120 folios). It was created in 15 Jun 1932-18 Jan 1936. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

Transcription

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Rules for
Special
Tribunal.
Summary trial
of certain
offences.
Ordinary
avocations of
life to be
interfered
with as little
as possible.
jurisdiction
of ordinary
Courts.
order or sentence, or to transfer any case from
the Special Tribunal, or to make any order under
section 491 of the Code, or have any Jurisdiction
of any kind in respect of any proceedings of the
Special Tribunal, and no sentence of the Special
Tribunal shrill be subject to confirmation.
(3) The power of the Governor General in
Council or the Chief Commissioner to make orders
under section 401 or section 402 of the Code
shall apply in rospect of a person sentenced by
the special Tribunal.
y # The Chief Commissioner may, by notiii-
cation in the Aden Gazette, make rules providing
for -
(i) the times and places at 4;ich the
Special Tribunal may sit; r*nd
(Ai) procedure of the Special Tribunal
and the procedure to be adopted in the event of
any member being prevented from attending *i±rcti.gh-
out the trial of any accused person.
10 ' Rules made under section 3 may provide
that any offence which is made punishable by
the rules with Imprisonment for a term not
exceeding two years shall be triable in the
summary way provided in Chapter aXII oi tae Code.
11. Any authority or person acting in
pursuance of this Regulation or of any rule made
thereunder shall interfere with the enuxuai,/
^vocations of life and the enjoyment Cx property
as little as my be consonant with the purpose
of ensuring the safety, tranduiliity
interests of Aden.
^ 2 , gave as otherwise expressly pro/ided
by or under this Regulation, the ordinary criminal
and civil courts shall continue to-exercise
jurisdiction.

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Content

The file contains correspondence and notes regarding the development of the draft Aden Defence Scheme, and the authority under which the Resident (later Chief Commissioner) of Aden was able to exercise emergency powers, for example relating to censorship, arrest, and control of economic security.

The point at issue was whether the emergency regulations should be issued by the Resident (later Chief Commissioner) under authority given by: an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. ; under powers granted by the Governor-General in Council; or through the Indian Legislature. It was eventually decided that powers for the Aden Settlement could be granted under the Indian (Foreign Jurisdiction) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of 1902, through the Governor General in Council. It was also decided that the Aden Protectorate would best be served through the issuance of a Regulation under Section 71 of the Government of India Act.

Subsequent correspondence for 1935 concerns the Defence of Aden Regulations (1935), and the potential for retrospective approval of emergency rules issued by the Chief Commissioner, in light of worsening relations with Italy.

The principal correspondents in the file are as follows: the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Political Department (Sir John Laithwaite, Sir Horace Algernon Rumbold); the Legal Adviser to the Secretary of State for India (Sir Edward Chamier); the Air Ministry (Charles Evans); the Foreign Secretary to the Government of India (Herbert Metcalfe); the Resident (later Chief Commissioner) at Aden; and the Under Secretary of State for the Colonial Office (Roland Vernon).

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio one).

Extent and format
1 file (120 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the file

Physical characteristics

Foliation: the foliation sequence commences at the front cover with 1 and terminates at the inside back cover with 120; these numbers are written pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Additional, sporadic foliation sequences are present throughout the file; these are also written in pencil, are circled and located at the top and centre of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. These sequences have been superseded.

Written in
English in Latin script
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Coll 1/17 'Aden Defence Scheme: authority by whom regulations governing food control, censorship, etc, should be issued' [‎19r] (37/240), British Library: India Office Records and Private Papers, IOR/L/PS/12/1453, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100028314651.0x000026> [accessed 12 July 2026]

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