Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎55r] (115/476)

Part II. —Law to be Applied
11*—(1) Subject to the other provisions of this Order His Majesty’s
criminal and civil jurisdiction in Qatar 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 on 14th
August, 1947, in the Courts in the province of Bombay beyond the limits
of the ordinary original jurisdiction of the High Court of Judicature at
Bombay, and with the 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 applied on 14th August, 1947, in the province of
Bombay, but subject to the following adaptations and modifications:—
(i) All references in the said enactments to “ British India ” or any part
thereof shall, except where the context otherwise requires, be construed
as references to the limits of this Order and all references therein to
the “Central Government” 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 the 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.
(3) Any other enactments of the Indian Legislature or of the Bombay
Legislature in force in the province of Bombay on 14th August, 1947, may be
applied to Qatar by King’s Regulations under Article 85 of this Order.
(4) The Court may construe any enactments in force in Qatar, under the
provisions of this Article, with such alterations not affecting the substance as
may be necessary or proper to adapt the same to the matter before the
Court.
12.—(1) The following enactments shall apply to Qatar as if it were a
British Colony or Possession but subject to the provisions of this Order and
to the exceptions, adaptations, and modifications specified in paragraph (2)
of this Article and in Article 23 below :—
(i) The Admiralty Offences (Colonial) Acts, 1849 and 1860(d).
(ii) The Foreign Tribunals Evidence Act, 1856(e).
(iii) The Evidence by Commission Acts, 1859 and 1885(f).
(iv) The British Law Ascertainment Act, 1859(g).
(v) The Foreign Law Ascertainment Act, 1861(h).
(vi) The Fugitive Offenders Act, 188 l(i).
(vii) The Merchant Shipping Act, 1894, Part XIII.
(d) 12 & 13 Viet. c. 96 and 23 & 24 Viet. c. 122. (e) 19 & 20 Viet. c. 113.
(f) 22 Viet. c. 20 and 48 & 49 Viet. c. 74. (g) 22 & 23 Viet c 63
(h) 24 & 25 Viet. c. 11. (i) 44 & 45 Viet! c! 69!
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