File 959/1914 Pt 2 'Abyssinia: Order in Council. Recovery of maintenance charges of prisoners convicted in Abyssinia and confined in Aden District Prison.' [‎46r] (17/878)

In any further communication
on this subject, please quote
N() . J 2420/47/1.
and address—
not to any person by name,
but to—
“ The Under-Secretary of State,”
Foreign Office,
London, S.W.l.
<1/
ill
571
Sir,
Foreign Office,
o yr "t
Kj • % t m X •
20th October, 1928.
I am directed by Lord Cushendun to transmit to you
herewith, to be laid before the Earl of Birkenhead, a copy
of a despatch from His Majesty’s Charge d’Affaires at Addis
Ababa enclosing a memorandum by Mr. Consul Maclean on the
subject of Section 74 of the Abyssinian Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. .
2* There appears to be no provision corresponding to
the article in question in any of the other Foreign Jurisdiction
Act Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. under which Indian law is applied in
countries in which His Majesty exercises ex-ueixitoria^-
jurisdiction. The reason for this is that in all the other
cases (for example Article 10 of the Persian Coasts and Islands
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. 1907) the Court established in the country
concerned was put in the position of a subordinate Indian court
and an appeal lay to some superior Indian Court in accordance
with the ordinary Indian provisions as to appeals. Consequently
no special provision as to appeals was necessary. In tne case
of Abyssinia no appeal was provided to any Indian couru
accordingly Section 74 provides for an appeal to the Court c,
the Consul-General; thence there is %y special leave an appeal
to the Privy Council. It may he, as Hr. Maclean suggests, that
the wording of Article 74 is not consistent with the Indian
Code of Criminal Procedure, which, under Article 28 of the Order
in Council, is generally applicable.
, -i j rueeive the ebserva—
3. Lord Cushendun would oe glad -c xc
tl „ s of L „ a ****«. on m. question- If «r t
.. i, required m. oonl.O be provided for in tbe 00 * »'*“ *”
Council which is new under consideration.
-.oei.iaaa r-j v
The Under Secretary of State,
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. .
X am,
sir »
Your obedient Servian ■,
ZiOHlMuJC
9