'File 18/68 I (D 114) Kuwait Order in Council' [‎17v] (49/534)

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15. hi oases in which the Code of Criminal Procedure
requires the sentence of a Court of Session to he confirmed hy
the Hi^h Court, tlie sentence sliull be referred for continuation
to the Governor-General of India in Council instead of to the
Chief Court.
IG. Where a person subject to this Order is accused of
the Commission of an offence the cognisance whereof apper-
tains to the Court, and it is expedient that the offence be en-
quired of, tried, determined, and punished in a British Pos
session, the accused may (under the Foreign Jurisdiction
Act, 1890, section G) be sent for trial to Bombay.
The Chief Court may, where it appears vso expedient, by
warrant under the hand and seal of the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. ,
cause the accused to be sent for trial to Bombay accordingly.
1 he warrant shall be sufficient authority to any person to
whom it is directed to receive and detain the person therein
named, and to carry him to and deliver him up at Bombay, " s .
according to the warrant.
Where any person is to be sent to Bombay, the Court
before which he is charged shall take the preliminary exa
mination, and shall bind over such of the proper witnesses as
are British subjects in iheir own recognisances to appear and
give evidence on the trial.
' l'-—(1) 1 he Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. may by General Order
prescribe the manner in which, and the places at which, sen
tences of imprisonment are to be carried into execution within
the limits of the Order.
(2) I he Court may in any case by warrant, sealed with
its seal, cause an offender convicted and sentenced to im
prisonment before the Court to be removed to, and im
prisoned in, any place that shall be prescribed by the
Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. under the authority provided for in sub
section (1) of this article.
18. Where an offender convicted before any Court under
this Order is sentenced to imprisonment, and the Political
Resident proceeding under section 7 of the Foreign Jurisdic
tion Act, 1890, authority in that behalf being hereby given to
him, considers it expedient that the sentence should be carried
into effect elsewhere than within the limits of this Order, and
the offender is accordingly sent for imprisonment to a place
outside the limits of this Order, the place shall be either a
place in the Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay, or a place in some other
part of His Majesty's Dominions, the Government whereof
consents that offenders may be sent thither under this article,
or a place in which by Treaty, grant, usage, sufferance, or
other lawful means His Majesty has jurisdiction, provided
that il a person is not a British subject he shall only be sent
under this Article to a place in His Majesty's Dominions.
19. (1) Tn cases of murder or culpable homicide, if
either the death or the criminal act which wholly or partly
caused the death happened in Kuwait, a Court acting under
this Order shall have the like jurisdiction over any person to
whom this Order applies who is charged either as a principal
offender or as an abettor as if both such criminal act and the
death had happened in Kuwait.
(2) In the case of any offence committed on the high seas
or within the Admiralty jurisdiction by any person who at
. the time of committing such offence was on board a British
ship, or by any British subject on board a foreign ship to
which he did not belong, the Court shall, subject to the pro
visions of this Order, have jurisdiction over such person as if
the offence had been committed within its jurisdiction.
(3) In cases tried under this article no different sentence
can he passed from the sentence which could be passed in
England if the crime were tried there.
(4) The foregoing provisions of this article shall be
deemed to be adaptations, for the purposes of this Order and
. of the Foreign Jurisdiction Act, 1890, of the following en
actments, namely:— '
The Admiralty Offences (Colonial) Act, 1849;
The Admiralty Offences ('Colonial) Act, 1860;
The Merchant Shipping Act 1894, Part Xlll;
and those enactments shall apply accordingly, and be admin
istered in Kuwait.