Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎8v] (18/476)

2* In Article ll(3) the date should surely be "the specified
date".
3* Jurisdiction to try and determine a case transferred
to Bombay under Article 17 was given by s ,6 of the Foreign
Jurisdiction Act, 1890, That j-egti on is not applicable
to a case transferred tp anothej*jurisdiction country.
Section 9 of that Act contains a power to confer any
jurisdiction on any Court held under the authority of
the Crown, The wording is not particularly apt to the
conferring of jurisdiction to determine a transferred case
but I know of no other authority for what is contained in
Article 17* As the section gives a power to confer juris
diction, the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. must confer on the receiving
Court jurisdiction to try and determine the case*
There should also be provision for giving effect in the
Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. to the Qat 0 r etc Courts judgment.
4* (a) It has always struck me as odd that a "District
Court" should have been referred to in connection with
criminal matters. In the Code of Criminal Procedure
the Court ii. called the Court of Session, The Dis
trict Court appears in the Code of Civil Procedure,
(b) Until the present draft Order,the only reference
to the District Court in the-part dealing with criminal
matters has been in the first Article of that part.
Do the old files relating th the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Orders
disclose when and why that reference, namely, the
reference to the ratified sentence of the Qa i being
regarded as a decision of 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. in the
District Court, was included? The earliest Order I
have is the 1913 Bahrein Order in which the reference
appears. The present draft, by defining "the Court"
as the Chief Court and the District Court, converts
what were previously references to the Court of 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. or Judicial Assistant to references to
the District Court,
(c) The above is not a comment as to -substance, but as
to something which strikes me as slightly confusing,
I would,therefore, in the definition of "the Court"
insert "Court of Session" after "Chief Court" and in
the definition of "District Court" I would insert "or
‘Court of Session’". As a result of those amendments
I would alter "District Court" in Articles 12,15 and
17 to "Court of Session".
5* Article 40 and.Article 52 do not give power to refer
a point of Muhammld^n law to a Qazi. Each article pro
vides that nothing in it shall prevent such a reference.
I think the wording should be amended to give that power
expressly,
6 , ife have not been asked by the Foreign Office to comment
on the draft Order but if they have a meeting to discuss it
the above may be of help
■Q. ^ f 0 DEC
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