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Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [3r] (7/476)
The record is made up of 1 file (189 folios). It was created in 27 Feb 1948-2 Jan 1950. 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
This transcription is created automatically. It may contain errors.
Reference Paper
Legal Adviser’s Department.
Hefei
190 .
While I see no necessity for the inclusion of the
Foreign Jurisdiction Act in the list of 4cts mentioned in
Article 12 (1) of the Order - the Order itself being made
under that Act - I think the reference to Section 6 thereof
in Article 17 of the Order is necessary, or at any rate
advisable,in as much as it is under that Section that power
is conferred to send a person for trial "to any British
possession for the time being appointed on that behalf by
Order in Council
A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council.
'*. The original Article 17 appointed
Bombay. There is, of course, no reason why any other
British possession should not be so appointed, but I think
the place selected should be specified. I may mention in
reference to the Political Residents suggestion,that the
U.K. is not a British possession within the meaning of the
Interpretation Act - nor of course is any other of the
Gulf territories in which His Majesty exercises
jurisdiction. 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.
could however, I have
no doubt, always exercise the power to transfer and try
any case himself under Section 526 (l)(iii) of the Criminal
Procedure Code.
I have no comment on the point referred in
paragraph 5 of the rolitical Residents lett^fj^save that
I do not quite follow the necessity mentioned Tji
paragraph 3(^>) of Mr. Harrison's letter of the 11th
September, 1547, for an amendment of Article 20, the present
terms of which appear to cover the sending of the convict
to any foreigh jurisdiction place. This is also apparently
within the powers conferred by Section 7 of the Foreign
Jurisdiction Act.
As to the more general question of an experienced
lawyer being ade available for the trial of important
or diffiou t cases, I agree that such a lawyer could be
appo:lnted ‘.judicial as istant under the Order as it stands,
but I appreciate the difficulty felt by the Political
Resident as to appeals. It is possible* however - and
the ;>oint might perhaps be put to the Foreign Office -
that the difficulty might be met by conferi-ing appellate
jurisdiction in such cases on so e convenient court in
a British possession und r Section 5 of the Foreign
Jurisdiction Act. 7
*
#
13223. I. 1551. 250.—7/1903,
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Correspondence relating to the revision of the five Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. : Muscat, Bahrain, Kuwait, Qatar, and The Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. . The revision was a result of Indian Independence and the transfer of power in the Gulf from the Government of India to HM Government of the United Kingdom. The papers consist of interdepartmental discussion over the amendments to the five orders in council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , principally between officials at the Commonwealth Relations Office, Foreign Office, Colonial Office, and the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . Copies of the finalised orders are contained in the file, as follows:
- Folios 14-25: The Bahrein Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1949
- Folios 26-38: The Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1949
- Folios 39-52: The Muscat Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1949
- Folios 53-65: The Qatar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1949
- Folios 66-78: The Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1949
Also included in the file is a letter, dated 15 December 1948, from Edward Evans & Co., Consulting Engineers and Chartered Patent Agents, enquiring about patent in protection in Bahrain (folio 84).
Folios 2-10 are internal office notes.
- Extent and format
- 1 file (189 folios)
- Arrangement
The file is arranged in chronological order from the back to the front.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 191; these numbers are written in 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.
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- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/3341
- Title
- Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council'
- Pages
- front, front-i, 1Ar, 1Av, 2r:19v, 19Ar, 19Av, 19Br, 19Bv, 20r:83v, 85r:106v, 107Ar, 107Av, 107r:116v, 117Ar, 117Av, 117r:129v, 130Ar, 130Av, 130r, 130Cr, 130Cv, 130v:131v, 132Ar, 132Av, 132r, 132Br, 132Bv, 132v:133v, 134Ar, 134Av, 134r:136r, 136Ar, 136Av, 136v:137v, 138Ar, 138Av, 138r:144r, 144Ar, 144Av, 144v:145v, 146Ar, 146Av, 146r, 146Cr, 146Cv, 146v:147r, 147Ar, 147Av, 147Br, 147Bv, 147v, 148Ar, 148Av, 148r, 148Br, 148Bv, 148v, 149Ar, 149Av, 149r:150v, 151Ar, 151Av, 151r:151v, 152Ar, 152Av, 152r:154r, 154Ar, 154Av, 154Br, 154Bv, 154Cr, 154Cv, 154Dr, 154Dv, 154v:156v, 157Ar, 157Av, 157r:157v, 158Ar, 158Av, 158r, 158Cr, 158Cv, 158v, 159Ar, 159Av, 159r, 159Br, 159Bv, 159v, 160Ar, 160Av, 160r, 160Br, 160Bv, 160v, 161Ar, 161Av, 161r, 161Dr, 161Dv, 161v:162v, 163Ar, 163Av, 163r:163v, 164Ar, 164Av, 164r:165r, 165Ar, 165Av, 165v:169r, 169Ar, 169Av, 169v, 170Ar, 170Av, 170r:173v, 174Ar, 174Av, 174Cv, 174r:176r, 176Ar, 176Av, 176v, 177Ar, 177Av, 177r:178r, 178Ar, 178Av, 178v:182v, 183Ar, 183Av, 183v:187v, 188Ar, 188Av, 188r, 188Br, 188Bv, 188v:190v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence