Coll 25/27 'Orders-in-Council: Trucial Coast: Jurisdiction over foreigners in the Trucial Coast Sheikhdoms of the Persian Gulf; Revision of Persian Gulf Orders in Council' [‎113v] (240/694)

Subject to the other provisions of this Order
His Majesty^ Criminal and Civil Jurisdiction
in *»• Kuwait shall, so far as
circumstances admit, be exercised on the
principles of, and in conformity with the
enactments applicable as hereinafter mentioned
of the Indian Legislature and of the Bombay
Legislature, and in accordance with the powers
vested at the date of the commencement* of this
Order in the Courts in the province of Bombay
beyond the limits of tne ordinary original
jurisdiction of the High Court of Judicature
at Bombay, and with the course of practice and
procedure observed by and before those Courts
at that date, according to their respective
jurisdiction and authority, and so far as such
enactments, powers, practice and procedure are
inapplicable shall be exercised in accordance
with justice, equity and good conscience.
(2) The enactments mentioned in the schedule to
this Order shall as from the date of the
commencement of this Order apply to all persons
subject to this Order as they apply at that
date in the province of Bombay, but subject to
the following adaptations and modif i cat ions:-
(i) All references in the said enactments to
’’British India” or any part thereof shall,
except where the context otnerwise
requires, be construed as references to
the limits of ihiis Order and all references
therein to the ’’Central o-overnment” and
the ’’provincial Government" shall, except
as otherwise provided, or where the
context otherwise requires, be construed
as references to the Secretary of State
and 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. respectively*
(ii) For the purpose of facilitating trie
application of the said enactments, 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. may, by order in
writing, direct by what officers any
power conferred by the said enactments on
authorities other than the Central
Government and the Provincial Government
shall be exercisable.
^ —T 3
(3) Any ©ther enactments of the Indian Legislature
or of the Bombay Legislature in force in ^he
province of Bombay at t&e date oi o^ie
commencement of this Order may be applied to
/COWAlT by King's Regulations undex’
Article 83 of this Order.
6
(b)
All references in this Act to “ British India ” aud'
the “ Local Government ” shall be construed
as if they were references to “ the limits of
‘ The Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1935 ’ ” and
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. ” respectively, and the
reference in section 213 (1) to the “ Governor-
General in Council ” shall be construed as a
reference to 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. with the
previous consent of the Governor-General in
Council.”
(c) For the purpose of facilitating the application of
this Act, 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. may, by order in
writing, direct by what officers any authority or
power shall be exercisable, and such order shall
have effect as if enacted in this Order.
(ii) The Indian Christian Marriage Act, 1872 .—For the pur-'* 1
poses of this Act, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kuwait, as long
as he is a Christian, shall be deemed to be Registrar of
Marriages.
(iii) The Births, Deaths and Marriages Registration Act of
1QQA r .n • a i , i -r^ , •, • , . .
1886 .—For the purposes of this Act, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency.
Kuwait, ..shall be deemed to be
xvuwan, snau oe ueemed to be Registrar-General of
Birthsj/T)eaths and Marriages and Registrar of Births
and ^eaths.
3 ) Any other existing or future enactments of the Governor-
leral of ITidia in Council, or of the Governor of Bombay in
mcil, may be applied to Kuwait by King’s Regulations under
icle 83 /of this Order.
4 ) Afiy Act of the Governor-General of India in Council, or of
Governor of Bombay in Council, whether passed before or after
immencement of this Order, amending or substituted for any
^ f either of those Legislatures which applies or may be applied
Kuwait, shall, subject to the provisions of this Article, also
ply to Kuwait
( 5 ) The Court may construe any enactments in force in Kuwait,
ider the provisions of this Article, with such alterations not affect-
g the substance, as may be necessary or proper to adapt the same
the matter before the Court.
(iii) The Evidenc
(iv) The British
(v) The Foreign
(vi) The Fugitive
(vii) The Merchai
(2) (i) The Political
stituted for the Govern
Chief Court is hereby i
Court, and the Distric
Peace of a Colony or 1
(ii) With respect to
(a) The Act shall e
(b) So much of tl
relates to s
together wil
the sending
case, or to t
to a fugitiv*
formation t
inform the
which he m;
a writ of ha
(c) So much of tht
expiration o
be excepted.
(d) The Political
fugitive offei
that the proc
the consent
(e) For the purpoi
Bahrein, Ku
all other pla<
Gulf of Oma
to be one gr
12 . ( 1 ) The following enactments shall apply to Kuwait as if it
ere a British Colony or Possession but subject to the provisions
this Order and to the exceptions, adaptations, and modifications
ecified in sub-Article ( 2 ) of this Article :—
(i) The Admiralty Offences (Colonial) Acts, 1849 and
1860 . (a)
(ii) The Foreign Tribunals Evidence Act, 1856 . (b)
13 . The Colonial Pr
Kuwait as if Kuwait w
The Political Resr
cA fr\ ' ^ 4 ^ British Pc
aV 12 * 14 « Where, by virtu
.^otherwise, any provisic
**.\) Ljh f £>Tce l^ia, or of ai
' are applicable within tl
tions, or procedure pre:
Law, or Order, are ma
or any other Order rel
(a) 22 Viet. c. 20 ; 48 ,
(c) 24 & 25 Viet. c. 11