At the Court at Buckingham Palace the 7th day of May, 1907 PRESENT: THE KING'S MOST EXCELLENT MAJESTY.

Lord President.

Earl of Sefton.

Earl Beauchamp.

Lord Tweedmouth.

Lord Allendale.

Lord Justice Kennedy.

Mr. Winston Churchill.

WHEREAS by Treaty, grant, usage, sufferance, and other lawful means, His Majesty the King has jurisdiction in that portion of the coast and islands of the Persian Gulf and Gulf of Oman which is within the dominions of His Majesty the Shah of Persia ; Now, therefore, His Majesty, by virtue and in exercise of the powers in this behalf by "The Foreign Jurisdiction Act, 1890,"* or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

PART I.-Preliminary and General.

1. This Order is divided into parts, as follows:

Parts.

Subject.

Articles.

I Preliminary and General

II Application of Law of British India and of the

1-6

7-9

United Kingdom

III

Criminal Matters

2. The limits of this Order are the coast and islands of the Persian Gulf and Gulf of Oman, being within the dominions of His Majesty the Shah of Persia, including the territorial waters of Persia adjacent to the said coast and islands.

3. In the construction of this Order the following words and expressions have the meanings hereby assigned to them, unless there be something in the subject or context repugnant thereto, that is to say:

"Administration " means letters of administration, including the same with will annexed or granted for special or limited purposes or limited in duration.

British possession" means any part of His Majesty's dominions exclusive of the United Kingdom.

"British ship" means a merchant ship being a British ship within the meaning of the Merchant Shipping Act, 1894,† and includes a ship belonging to any British subject as hereinafter defined.

"British subject" includes a British-protected person, that • Vol. LXXXII, page 656. + Vol. LXXXVI, page 633.

is to say, a person who either (a) is a native of any Protectorate of His Majesty; or (b) by virtue of section 15 of the Foreign Jurisdiction Act, 1890, or otherwise enjoys His Majesty's protection within the Persian coast and islands.

"Consul-General" means the person for the time being holding the office of His Majesty's Consul-General for Fars and the coast and islands of the Persian Gulf, and of Political Resident in the Persian Gulf.

"Consular Seal" means the official seal of the Consul-General. "The Court " means a Court held by the Consul-General or the Judicial Assistant.

66

'Foreigner means a subject or citizen of a State in amity with His Majesty, other than Persia.

"Imprisonment" means imprisonment of either description as defined in the Indian Penal Code.

Inland Persia means the territories and dominions of the Shah of Persia, so far as not included within the limits of this Order.

"Judicial Assistant " means an officer appointed by the Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council, to be a Judicial Assistant to the Consul-General.

66

Offence means any act or omission punishable by a Criminal Court.

"Persian coast and islands means all places within the limits of this Order.

"Persian or foreign Court" means a Court of the Government of Persia, or of any foreign State in amity with His Majesty, and exercising lawful jurisdiction within the Persian coasts and islands, and includes every member or officer of such a Court. Persian subject" means a subject of His Majesty the Shah of Persia.

66

"Person" includes corporation.

"Secretary of State" means one of His Majesty's Principal Secretaries of State.

"Ship" includes any vessel used in navigation, however propelled, with her tackle, furniture, and apparel, and any boat or other craft.

"The Treasury means the Lord High Treasurer or the Commissioners of His Majesty's Treasury for the time being, or any two of them.

"Will" means will, codicil, or other testamentary instrument. 4.-(1) In this Order, words importing the plural or the singular may be construed as referring to one person or thing, or to more than one person or thing, and words importing the masculine as referring to the feminine (as the case may require).

(2) Where this Order confers any power or imposes any duty, then, unless a contrary intention appears, the power may be

exercised and the duty shall be performed from time to time as occasion requires.

(3) Where this Order confers a power, or imposes a duty on, or with respect to, a holder of an office, as such, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by, or with respect to, the holder for the time being of the office or the person temporarily acting for the holder.

(4) Where this Order confers a power to make any rules, regulations, or orders, the power shall, unless a contrary intention appears, be construed as including a power exercisable in the like manner and subject to the like consent and conditions, if any, to rescind, revoke, vary or amend the rules, regulations, or orders.

(5) This article shall apply to the construction of any regulations, rules, or orders made under this Order, unless a contrary intention appears.

5. The jurisdiction conferred by this Order extends to the persons and matters following, in so far as by Treaty, grant, usage, sufferance, or other lawful means, His Majesty has jurisdiction in relation to such matters and things, that is to say :(1) British subjects, as herein defined, within the limits of this Order.

(2) The property and all personal or proprietary rights and liabilities within the said limits of British subjects, whether such subjects are within the said limits or not.

(3) Persian subjects and foreigners in the cases and according to the conditions specified in this Order and not otherwise.

(4) Foreigners, with respect to whom any State, King, Chief, or Government, whose subjects, or under whose protection they are, has by any Treaty as herein defined or otherwise agreed with His Majesty for, or consents to, the exercise of power or authority by His Majesty.

(5) British ships with their boats, and persons and property on board thereof or belonging thereto, being within the limits of this Order.

6. All His Majesty's jurisdiction exercisable within the Persian coast and islands for the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, so far as this Order extends and applies.

PART II.-Application of Law of British India and of the United Kingdom.

7.-(1) Subject to the other provisions of this Order, and to any Treaties for the time being in force relating to the Persian (M 663)

F

coast and islands, His Majesty's criminal and civil jurisdiction within the Persian coast and islands shall, so far as circumstances admit, be exercised on the principles of, and in conformity with, the enactments for the time being applicable as hereinafter mentioned of the Governor-General of India in Council, and of the Governor of Bombay in Council, and in accordance with the powers vested in, and the course of procedure and practice observed by and before the Courts in the Presidency of Bombay, beyond the limits of the ordinary original jurisdiction of the High Court of Judicature at Bombay according to their respective jurisdiction and authority, and, so far as such enactments, powers, procedure and practice are inapplicable, shall be exercised in accordance with justice, equity, and good conscience.

(2) The enactments mentioned in the First Schedule to this Order are hereby made applicable to the Persian coast and islands as from the commencement of this Order.

(3) Any other existing or future enactments of the GovernorGeneral of India in Council, or of the Governor of Bombay in Council, shall also be applicable to the Persian coast and islands, but shall not come into operation until such times as may in the case of any such enactments respectively be fixed by the Secretary of State, or, with his previous or subsequent assent, by the Governor-General of India in Council.

(4) The Court may construe any such enactment, with such alterations not affecting the substance, as may be necessary or proper to adapt the same to the matter before the Court.

8. The enactments described in the First Schedule to The Foreign Jurisdiction Act, 1890," shall apply to the Persian coast and islands as if they were a British Colony or possession, but subject to the provisions of this Order, and to the exceptions, adaptations, and modifications following, that is to say:

(1) The Consul-General is hereby substituted for the Governor of a colony or British possession, and the Court of the ConsulGeneral is hereby substituted for a Superior Court or Supreme Court, and for a Magistrate or Justice of the Peace of a colony or British possession.

(2) For the portions of the Merchant Shipping Acts, 1854* and 1867,† referred to in the said Schedule, shall be substituted Part XIII of " The Merchant Shipping Act, 1894."

(3) In section 51 of "The Conveyancing (Scotland) Act, 1874," and any enactment for the time being in force amending the same, the Court of the Consul-General is substituted for a Court of Probate in a colony.

(4) With respect to "The Fugitive Offenders Act, 1881,"§(a) So much of sections 4 and 5 of the said Act as relates to sending a report of the issue of a warrant, together with the information, or a copy thereof, or to the sending of a certificate

* Vol. XLV, page 1347. + Vol. LXVI, page 711.

Vol. LXXXVI, page 633. § Vol. LXXII, page 622.

of committal and report of a case, or to the information to be given by a Magistrate to a fugitive, shall be excepted, and in lieu of such information the person acting as the Magistrate shall inform the fugitive that in the British possession or Protectorate to which he may be conveyed he has the right to apply for a writ of habeas corpus or other like process.

(b) So much of section 6 of the said Act as requires the expiration of fifteen days before issue of warrant shall be excepted.

(c) The Consul-General shall not be bound to return a fugitive offender to a British possession unless satisfied that the proceedings to obtain his return are taken with the consent of the Governor of that possession.

(d) For the purposes of Part II. of the said Act, the Persian coast and islands, and British India, shall be deemed to be one group of British possessions.

9. Where, by virtue of any Imperial Act, or of this Order, or otherwise, any provisions of any Imperial Acts, or of any Law in force in India, or of any Orders in Council other than this Order, are applicable within the limits of this Order, or any forms, regulations, or procedure prescribed or established by or under any such Act, Law, or Order, are made applicable, for any purpose of this Order, or any other Order relating to the Persian ccast and islands, such Acts, Laws, Orders, forms, regulations, or procedure may be construed or used with such alterations and adaptations not affecting the substance as may be necessary having regard to local circumstances, and anything required to be done by, to, or before any Court, Judge, officer, or authority may be done by, to, or before a Court, Judge, officer, or authority having the like or analogous functions, or by, to, or before any officer designated by the Secretary of State or by the Court (as the case may require) for that purpose; and the Consular seal may be substituted for any other seal, and in case any difficulty occurs in the application the Secretary of State, or with his previous or subsequent assent, the Governor-General of India in Council, may direct by, to, or before whom and in what manner anything is to be done, and such Act, Law, Order, form, regulation, or procedure shall be construed accordingly.

Where under any such Imperial Act, Law, or Order any publication is required to be made, as respects any judicial proceeding in any "Gazette " or otherwise, such publication shall be made by such mode as the Court shall think fit to direct.

PART III.-Criminal Matters.

10. Subject to the other provisions of this Order, the Code of Criminal Procedure and the other enactments relating to the administration of criminal justice in British India for the time being applicable to the Persian coast and islands, shall have effect (M 663)

F 2