APPENDIX III (PP. A-DI) - HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC., APPLICABLE TO HONG KONG

APPENDIX III (PP. A-DI) - HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC., APPLICABLE TO HONG KONG

LAWS OF HONG KONG

HER MAJESTY'S ORDERS IN COUNCIL, RULES,

ETC., APPLICABLE TO HONG KONG

APPENDIX 111





APPENDIX III

HER MAJESTY'S ORDERS IN COUNCIL, RULES, ETC.,
APPLICABLE TO HONG KONG
N.B.IT MUST BE EMPHASIZED THAT THE LIST HEREUNDER AND THE CONTENTS OF, THIS APPENDIX
ARE PURELY FOR REFERENCE PURPOSES AND HAVE NO LEGISLATIVE EFFECT.

Date of Order in Current
Council or S.R. & 0. Title or Subject-matter Enabling Law edition Page
or S.I. Number

20 March 1877 Order in Council of 20 March Extradition Act 1870 1964 A 1
1877, directing that 'The
Extradition Ordinance (Hong
Kong), 1875' shall have
effect in Hong Kong as if it
were part of the Extradition
Act 1870
9 May 1891 Order in Council declaring Merchant Shipping 1964 B 1
certain certificates of (Colonial) Act
competency granted by the 1869

Colonial executives of Merchant Shipping
Hong Kong .....Act 1876
equivalent to those granted
by the Board of Trade, and
making regulations as to
such Certificates

1895 No. 436 The Revenues of Hong Kong Superannuation Act 1964 D 1
November, 1895 1892
1907 No. 742 Colonial Prisoners Removal Colonial Prisoners 1964 EI
Order in Council 1907 Removal Act 1884
10 August 1909 Hong Kong (Appeal to Privy Prerogative Order in 1964 F1
Council) Order in Council Council
1909
1913 No. 324 (Spent) 1989 G 1
1913 No. 484 Colonial Prisoners Removal Colonial Prisoners 1964 H 1
Order in Council 1913 Removal Act 1884
1913 No. 488 Seal Fisheries (Crown Colonies Seal Fisheries (North 1964 11
and Protectorates) Orders in Pacific) Act 1912
Council 1913 to 1956 Foreign Jurisdiction
Act 1890
1916 No. 555 Order in Council applying sec. Marriage of British 1964 J1
1 of the Marriage of British Subjects (Facilities)
Subjects (Facilities) Act 1915 Act 1915
to Hong Kong
1922 No. 353 (Revoked) 1989 L 1





Date of Order in
Current
Council or S.R. & 0. Title or Subject-matter Enabling Law edition Page

or S.I. Number

1923 No. 971 Order in Council dated 30 July Extradition Acts 1870 1964 N1 1
1923, directing that the to 1906, and
Extradition Acts shall apply in Prerogative Powers
the cases of Austria, Belgium,
France, Hungary, Monaco,
Netherlands, Norway,
Portugal, Siam, Spain,
Sweden, Tunis and Uruguay,
in accordance with existing
Treaties, as supplemented by
Convention of May 4,1910,
for the suppression of the
White Slave Traffic
1928 No. 250 Merchant Shipping Passenger Merchant Shipping 1964 01
Steamers (Hong Kong) Order Act 1894
1928
1931 No. 718 Order in Council dated 11 Extradition Acts 1870 1964 p 1
August 193 1, directing that the to 1906, and
Extradition Acts shall apply in Prerogative Powers
the cases of Cuba, Italy,
Luxemburg, Switzerland and
Yugo-Slavia in accordance
with existing Treaties, as
supplemented by Convention
of May 4, 1910, for the
suppression of the White Slave
Traffic
1933 No. 1073 Reciprocal Enforcement of Foreign Judgments 1964 R 1
Judgments (General (Reciprocal
Application to His Majesty's Enforcement) Act
Dominions, etc.) Order 1933 1933
1934 No. 500 Extradition (Denmark) (White Extradition Acts 1870 1964 SI
Slave Traffic) Order in Council to 1906, and
1934 Prerogative Powers
1935 No. 836 Hong Kong Divorce Jurisdic- Indian and Colonial 1964 v 1
tion Order in Council 1935 Divorce Jurisdiction
Act 1926
1936 No. 194 Merchant Shipping (Hong Merchant Shipping 1964 y1 1
Kong) Order 1936 (International
Labour
Conventions) Act
1925
1936 No. 716 Whaling Industry (Regulation) Whaling Industry 1964 Z1 1
Act (Newfoundland, Colonies, (Regulation) Act
Protectorates and Mandated 1934
Territories) Order 1936
27 October 1936 Hong Kong (Coinage) Orders Prerogative Order in 1979 AA 1
1936 to 1978 Council





Date of Order in Current
Council or S.R. & O. Title or Subject-matter Enabling Law edition Page

or S.I. Number

1937 No. 724 (Spent) 1968 AB 1
1938 No, 781 (Spent) 1974 AC 1
1938 No. 782 (Spent) 1974 AD 1
1939 No. 157 Hong Kong Naval Defence Colonial Naval 1964 AE 1
Order 1939 Defence Act 1931
9 March 1939 Emergency Powers Orders in British Settlements 1976 AF 1
Council 1939 to 1973 Act 1887
Foreign Jurisdiction
Act 1890
1940 No. 663 Hong Kong Prize Court (Fees) Colonial Courts of 1964 AG 1
Order in Council 1940 Admiralty Act 1890
Prize Courts Act 1894
1940 No. 1373 Visiting Forces (British Visiting Forces 1964 AH 1
Commonwealth) (Application (British
to the Colonies, etc.) Order in Commonwealth)
Council 1940 Act 1933
1941 No. 790 Whaling Industry (Regulation) Whaling Industry 1964 AI 1
Act (Newfoundland, Colonies, (Regulation) Acts
Protectorates and Mandated 1934 and 1938
Territories) Order 1941
1942 No. 268 (spent) 1989 AJ 1
1943 No. 386 (Spent) 1989 AK 1
1946 No. 36 Bretton Woods Agreements Bretton Woods 1976 DO 1
Order in Council 1946 Agreements Act
1945
1948 No. 1649 Burma Independence (Retention Burma Independence 1964 AL 1
of British Nationality) Act 1947
Regulations 1948
1951 No. 1170 Luxemburg (Extradition) Order Extradition Acts 1870 1964 AM 1
in Council 1951 to 1935
1952 No. 155 Hong Kong Royal Naval Colonial Naval 1964 AO 1
Volunteer Reserve Order 1952 Defence Act 1931
Colonial Naval
Defence Act 1949
1952 No. 862 Japanese Treaty of Peace Order Foreign Jurisdiction 1964 AP 1
1952 Act 1890
Japanese Treaty of
Peace Act 1951
1953 No. 1474 (Revoked) 1967 AU 1
1953 No. 1557 (Revoked) 1968 AV 1
1954 No, 104 (Revoked) 1968 AW 1





S.I. Number Title or Subject-matter Enabling Law Current Page
edition
1954 No. 488 Wireless Telegraphy (Colonial Wireless Telegraphy 1964 AX 1
Ships and Aircraft) Order 1954 Act 1949
1954 No. 539 Wireless Telegraphy (Colonial Wireless Telegraphy 1964 AY 1
Ships and Aircraft) Order 1954 Act 1949
1954 No. 636 Visiting Forces Act (Application Visiting Forces Act 1964 AZ 1
to Colonies) Order 1954 to 1952
1962
1954 No. 637 Visiting Forces (Designation) Visiting Forces Act 1968 BA 1
(Colonies) Order 1954 to 1967 1952
1956 No. 1002 (Revoked) 1968 BB 1
1957 No. 1524 Copyright (International Copyright Act 1956 1977 DS 1
Organizations) Order 1957
1959 No. 377 (Omitted) 1980 BD 1
1959 No. 867 Naval Discipline (Colonial Naval Discipline Act 1964 BE 1
Naval Forces) Order 1959 1957
1959 No. 1301 Geneva Conventions Act Geneva Conventions 1964 BF 1
(Colonial Territories) Order in Act 1957
Council 1959
1961 No. 2318 (Revoked) 1967 BH 1
1961 No. 2460 Copyright (Broadcasting Copyright Act 1956 1977 DT 1
Organizations) Order 1961
1962 No. 642 Evidence (Hong Kong) Order Evidence (Foreign, 1964 BI1
1962 Dominion and
Colonial
Documents) Act
1933
1962 No. 2186 (Superseded) 1968 BK 1
1963 No. 88 Emergency PowersForeign Jurisdiction 1964 BL 1
(Amendment) Order in Act 1890
Council 1963
1963 No. 788 Oil in Navigable Waters (Hong Prevention of Oil 1964 BN 1
Kong) Order 1963 (See, as to Pollution Act 1971
extent of application, S.I. 1984
No. 1153)
1963 No. 848 (Revoked) 1984 BO 1
1963 No. 1043 Hong Kong Royal Naval Colonial Naval 1964 BP 1
Reserve Order 1863 Defence Act 1931
Colonial Naval
Defence Act 1949
1963 No. 1631 Merchant Shipping (Registration Merchant Shipping 1980 BQ 1
of Colonial Government Act 1906
Ships) Order 1963





S.I. Number Title or Subject-matter Enabling Law Current Page
edition
1963 No. 1632 Shipowners' Liability (Colonial Merchant Shipping 1980 BR 1
Territories) Orders 1963 and (Liability of
1977 Shipowners and
Others) Act 1958
1964 No. 267 Emergency Power (Amendment) British Settlements 1964 BT 1
Order in Council 1964 Acts 1887 and 1945
1964 No. 926 (Superseded) 1974 BU 1
1964 No. 1847 Shipping Contracts and Shipping Contracts 1964 BV 1
Commercial Documents and Commercial
(Hong Kong) Order 1964 Documents Act
1964
1964 No. 1848 Overseas Solicitors (Admission) Colonial Solicitors 1969 BW 1
Order 1964 Act 1900
Solicitors Act 1957
1965 No. 1203 United Kingdom Forces Government of India 1965 BY 1
(Jurisdiction of Colonial Act 1833
Courts) Order 1965 British Settlements
Acts 1887 and 1945
Foreign Jurisdiction
Act 1890
British Guiana Act
1928
West Indies Act 1962
1965 No. 1530 Colonial Probates Act Colonial Probates Act 1965 BZ 1
Application Order 1965 1892
Colonial Probates
(Protected States
and Mandated
Territories) Act
1927
Foreign Jurisdiction
Acts 1890 and 1913
1966 No. 159 (Revoked) 1974 CQ 1
1966 No. 390 (Revoked) 1989 CR 1
1966 No. 811 Sweden (Extradition) Extradition Act 1870 1966 CD 1
(Extension) Order 1966
1967 No. 18 (Revoked) 1968 CE 1
1967 No. 159 Arbitration (International Arbitration 1967 CF 1
Investment Disputes) Act 1966 (International
(Application to Colonies etc.) Investment
Order 1967 Disputes) Act 1966
1967 No. 809 Carriage by Air (Overseas Carriage by Air Act 1967 CG 1
Territories) Order 1967 1961
Carriage by Air
(Supplementary
Provisions) Act
1962





S.I. Number Title or Subject-matter Enabling Law Current
edition Page

1967 No. 810 Carriage by Air Acts Carriage by Air Act 1967 CH 1
(Application of Provisions) 1961
(Overseas Territories) OrderCarriage by Air
1967 (Supplementary
Provisions) Act
1962
1967 No. 1764 Merchant Shipping (Tonnage) Merchant Shipping 1968 CJ 1
(Hong Kong) Order 1967 Act 1965
1967 No. 1911 Fugitive Offenders (Hong Kong) Fugitive Offenders Act 1968 CK 1
Order 1967 1967
1968 No. 1864 Tokyo Convention Act 1967 Tokyo Convention 1969 CS 1
(Overseas Territories) Order Act 1967
1968
1969 No. 592 Civil Aviation Act 1949 Civil Aviation Act 1972 CY 1
(Overseas Territories) Order 1949
1969
1969 No. 1837 Hong Kong (Non-Domiciled Indian and Colonial 1970 CU 1
Parties) Divorce Rules 1969 Divorce Jurisdiction
Act 1926
1970 No. 147 Extradition (Genocide) Order Extradition Act 1870 1982 CV 1
1970
1970 No. 148 Fugitive Offenders (Genocide) Fugitive Offenders Act 1970 CW 1
Order 1970 1967
1970 No. 1539 Foreign Marriage Order 1970 Foreign Marriage Act 1976 W 1
1892
1971 No. 1739 Hijacking Act 1971 (Overseas Hijacking Act 1971 1974 CZ 1
Territories) Order 1971 Fugitive Offenders
Act 1967 and
Foreign Jurisdiction
Act 1890
1971 No. 2102 Extradition (Hijacking) Order Extradition Act 1870 1982 DA 1
1971 and Hijacking Act
1971
1971 No. 2103 Extradition (Tokyo Convention) Extradition Act 1870 1982 DB 1
Order 1971 and Tokyo
Convention Act
1967
1972 No. 126 Nuclear Installations (Hong Nuclear Installations 1972 DC 1
Kong) Order 1972 Act 1965
1972 No. 1724 Copyright (Hong Kong) Orders Copyright Act 1956 1979 DD 1
1972 and 1979
1973 No. 1756 Extradition (Protection of Extradition Act 1870 1982 DE 1
Aircraft) Order 1973 and Protection of
Aircraft Act 1973





S.I. Number Title or Subject-matter Enabling Law Current Page
edition

1973 No. 1757 Protection of Aircraft Act 1973 Protection of Aircraft 1974 DF 1
(Overseas Territories) Order Act 1973, Fugitive
1973 Offenders Act 1967
and Foreign
Jurisdiction Act
1890
1973 No. 1891 Civil Aviation Act 1971 Civil Aviation Act 1974 DG 1
(Overseas Territories) Order 1971
1973
1973 No. 2175 Air Corporations (Dissolution) Civil Aviation Act 1980 DH 1
Order 1973 1971
1975 No. 225 British Nationality Regulations British Nationality 1980 CT 1
1975 Act 1948
1975 No. 1831 Dumping at Sea Act 1974 Dumping at Sea Act 1976 DK 1
(Overseas Territories) Order 1974 and Foreign
1975 Jurisdiction Act
1890
1975 No. 2169 Merchant Shipping (Oil Merchant Shipping 1976 DL 1
Pollution) (Hong Kong) Order (Oil Pollution) Act
1975 1971 and Merchant
Shipping Act 1974
1976 No. 1037 Finland (Extradition) Order 1976 Extradition Act 1870 1976 DN 1
1976 No. 1912 Civil Aviation Act 1971 Civil Aviation Act 1986 DM 1
(Overseas Territories) Order 1971
1976
1976 No. 2144 United States of America Extradition Act 1870 1977 DR 1
(Extradition) Order 1976
1977 No. 422 Air Navigation (Overseas Civil Aviation Act 1980 DP 1
Territories) Order 1977 1949
1977 No. 589 Hong Kong (Evidence) Order Evidence (Proceedings 1977 DQ 1
1977 in Other
Jurisdictions) Act
1975
1977 No. 1876 Merchant Shipping (Safety Merchant Shipping 1980 DI1
Convention) (Various (Safety Convention)
Countries) Order 1977 Act 1949
1978 No. 186 (Revoked) 1989 BX 1
1978 No. 1060 (Revoked) 1981 EJ 1
1978 No. 1624 South Africa (Prohibited Exports United Nations Act 1979 EK 1
and Transactions) (Overseas 1946
Territories) Order 1978
1979 No. 111 Statute Law (Repeals) Act 1976 Statute Law (Repeals) 1979 EL 1
(Colonies) Order 1979 Act 1976
1979 No. 115 Reciprocal Enforcement of Maintenance Orders 1979 EM 1
Maintenance Orders (Reciprocal
(Designation of Reciprocating Enforcement) Act
Countries) Order 1979 1972





S.I. Number Title or Subject-matter Enabling Law Current Page
edition

1979 No. 453 Extradition (Internationally Extradition Act 1870 1982 DW 1
Protected Persons) Order 1979
1979 No. 456 Internationally Protected Internationally 1986 BG 1
Persons Act 1978 (Overseas Protected Persons
Territories) Order 1979 Act 1978, Fugitive
Offenders Act 1967
1979 No. 458 State Immunity (Overseas State Immunity Act 1979 EN 1
Territories) Order 1979 1978
1979 No. 913 Norway (Extradition) Extradition Act 1870 1980 EP 1
(Amendment) Order 1979
1979 No. 1452 Prevention of Oil Pollution Act Prevention of Oil 1980 EQ 1
1971 (Hong Kong) Order 1979 Pollution Act 1971
1979 No. 1453 Prevention of Oil Pollution Act Prevention of Oil 1980 ER 1
1971 (Hong Kong) (No. 2) Pollution Act 1971
Order 1979
1979 No. 1655 (Spent) 1989 ES 1
1979 No. 1706 Merchant Shipping (Metrication) Merchant Shipping 1980 ET 1
(Hong Kong) Order 1979 Act 1970
1979 No. 1715 Copyright (International Copyright Act 1956 1981 DU 1
Conventions) Order 1979
1980 No. 185 Argentine Republic (Extradition) Extradition Act 1870 1980 EU 1
(Amendment) Order 1980
1980 No. 534 Merchant Shipping Merchant Shipping 1983 CO 1
(Navigational Warnings) Act 1979
Regulations 1980
1980 No. 565 Southern Rhodesia (Sanctions) Southern Rhodesia 1980 EV 1
(Amnesty) Order 1980 Act 1979
1980 No. 566 Sweden (Extradition) Extradition Act 1870 1980 EW 1
(Amendment) Order 1980
1980 No. 737 Iran (Trading Sanctions) Order Iran (Temporary 1980 EX 1
1980 Powers) Act 1980
1980 No. 1508 Carriage of Goods by Sea (Hong Carriage of Goods by 1980 BSI
Kong) Order 1980 Sea Act 1971
1980 No. 15 14 Merchant Shipping Act 1979 Merchant Shipping 1980 AN 1
(Hong Kong) Order 1980 Act 1979
1980 No. 1720 Foreign Compensation (People's Foreign 1981 CB 1
Republic of China) Compensation Act
(Registration) Order 1980 1950
1980 No. 1723 Copyright (International Copyright Act 1956 1981 DV 1
Conventions) (Amendment)
Order 1980





S.I. Number Title or Subject-matter Enabling Law Current Page
edition
19R1 No. 220 Merchant Shipping (Oil Merchant Shipping 1981 CP 1
Pollution) (Hong Kong) (Oil Pollution) Act
(Amendment) Order 1981 1971
Merchant Shipping
Act 1974
Merchant Shipping
Act 1979
Merchant Shipping
Act 1894
1981 No. 1540 Merchant Shipping (Safety and Merchant Shipping 1983 CA 1
Load Line Conventions) (Safety and Load
(Hong Kong) (Revocation) Line Conventions)
Order 1981 Act 1932 and others
1982 No. 710 Merchant Shipping (Tonnage) Merchant Shipping 1986 X 1
(Hong Kong) Order 1982 Act 1970
1982 No. 933 (Spent) 1989 DX 1
1982 No. 986 British Nationality (General) British Nationality 1982 DY 1
Regulations 1982 Act 1981
1982 No. 987 British Nationality (Dependent British Nationality 1982 DZ 1
Territories) Regulations 1982 Act 1981
1982 No. 988 British Citizenship (Deprivation) British Nationality 1982 EA 1
Rules 1982 Act 1981
1982 No. 989 British Dependent Territories British Nationality 1982 EB 1
Citizenship (Deprivation) Act 1981
Rules 1982
1982 No. 1004 British Citizenship (Designated British Nationality 1982 EC 1
Service) Order 1982 Act 1981
1982 No. 1011 (Revoked) 1989 ED 1
1982 No. 1070 British Protectorates, Protected British Nationality 1982 EE 1
States and Protected Persons Act 1981
Order 1982
1982 No. 1663 Carriage of Goods by Sea (Hong Carriage of Goods by 1983 AR 1
Kong) Order 1982 Sea Act 1971
Merchant Shipping
Act 1981
1982 No. 1665 (Revoked) 1989 AS 1
1982 No. 1666 Merchant Shipping (Prevention Merchant Shipping 1983 CX 1
of Pollution) (Intervention) Actl979
(Overseas Territories) Order
1982
1982 No. 1676 Judicial Committee (General Judicial Committee 1984 BC 1
Appellate Jurisdiction) Rules Act 1833
1982





S.I. Number Title or Subject-matter Enabling Law Current
edition Page

1982 No. 1710 British Dependent Territories British Nationality 1983 EF 1
Citizenship (Designated Act 1981
Service) Order 1982
1983 No. 1890 Nuclear Installations (Hong Nuclear Installations 1987 CC 1
Kong) Order 1983 Act 1965, Energy
Act 1983 and
Congenital
Disabilities (Civil
Liability) Act 1976
1984 No. 356 Merchant Shipping Act 1979 Merchant Shipping 1984 AT 1
(Hong Kong) (Amendment) Act 1979
Order 1984
1984 No. 701 Carriage by Air Acts Carriage by Air Act 1984 Cl 1
(Application of Provisions) 1961 and Carriage
(Overseas Territories) by Air
(Amendment) Order 1984 (Supplementary
Provisions) Act
1962
1984 No. 1153 Merchant Shipping (Prevention Merchant Shipping 1984 BM 1
of Oil Pollution) (Hong Kong) Act 1979
Order 1984
1984 No. 1168 Arbitration (Foreign Awards) Arbitration Act 1950 1989 AQ 1
Order 1984 Arbitration Act 1975
1985 No. 448 Merchant Shipping (Liner Merchant Shipping 1985 CL 1
Conferences) (Hong Kong) (Liner Conferences)
Order 1985 Act 1982
1985 No. 751 The Extradition (Taking of Extradition Act 1870 1985 CM 1
Hostages) Order 1985 and Taking of
Hostages Act 1982
1985 No. 1197 (Repealed) BJ 1
1986 No. 948 Hong Kong (British Nationality) Hong Kong Act 1985 1986 EG 1
Order 1986
1986 No. 1298 Hong Kong (Legislative Powers) Hong Kong Act 1985 1986 W 1
Order 1986
1986 No. 2123 Co-operation of Insolvency Insolvency Act 1986 1987 M 1
Courts (Designation of
Relevant Countries and
Territories) Order 1986
1986 No. 2175 British Nationality (Hong Kong) British Nationality 1987 EH 1
Regulations 1986 Act 1981
1986 No. 2176 Status of British National British Nationality 1987 EI 1
(Overseas) (Deprivation) Rules Act 1981
1986
1986 No. 2226 Repatriation of Prisoners Repatriation of 1988 c 1
(Overseas Territories) Order Prisoners Act 1984
1986





S.I. Number Title or Subject-matter Enabling Law Current
edition Page

1987 No. 664 Merchant Shipping (Prevention Merchant Shipping 1987 CN 1
and Control of Pollution) Act 1979
(Hong Kong) Order 1987
1987 No. 940 Copyright (Singapore) Order Copyright Act 1956 1987 EO 1
1987
1987 No. 2200 Copyright (Computer Software) Copyright Act 1956 1988 K 1
(Extension to Territories)
Order 1987
1988 No. 791 Multilateral Investment Multilateral 1988 Q 1
Guarantee Agency (Overseas Investment
Territories) Order 1988 Guarantee Agency
Act 1988
1989 No. 153 Hong Kong (Legislative Powers) Hong Kong Act 1985 1989 T 1
Order 1989
1989 No. 157 Copyright (International Copyright Act 1956 1989 U 1
Conventions) (Amendment)
Order 1989





ORDER IN COUNCIL DIRECTING THAT
THE EXTRADITION ORDINANCE (HONG KONG) 1875'
SHALL HAVE EFFECT IN HONG KONG AS IF
IT WERE PART OF THE IMPERIAL ACT.

At the Court at Windsor, the 20th day of March, 1877.

Present.

The Queen's Most Excellent Majesty in Council.

WHEREAS by section 18 of 'The Extradition Act 1870' it is
among other things enacted that if, by any law made after the passing of
the said Act by the legislature of any British possession, provision is
made for carrying into effect within such possession the surrender of
fugitive criminals who are in, or suspected of being in, such British
possession His Majesty may, by the Order in Council applying the said
Act in the case of any foreign State. or by any subsequent Order, either

suspend the operation within any such British possession of
the said Act, or of any part thereof so far as it relates to such
foreign State, and so long as such law continues in force there and
no longer;

or direct that such law or ordinance or any part thereof shall
have effect in such British possession, with or without
modifications and alterations, as if it were part of the Act:

AND WHEREAS by a certain Ordinance enacted in the year
1875 by the Governor of Hong Kong, with the advice of the Legislative
Council thereof. and numbered 11 of the said year, the short title of
which is The Extradition Ordinance (Hong Kong) 1875, provision is
made that all powers vested in, or acts authorized or required to be
done. under the Acts of the Imperial Parliament known as The
Extradition Acts 1870 and 1873, by the Secretary of State or by the
Police Magistrate, in relation to the surrender of a fugitive criminal,
which by the said Imperial Acts are in respect of British possessions
vested in or required to be done by the Governor alone, may, in respect
of the Colony of Hong Kong, be exercised and done by the Governor or
the Police Magistrate of the Colony respectively:

AND WHEREAS the said Ordinance has been confirmed and
allowed by Her Majesty:

Now, THEREFORE, Her Majesty, in pursuance of The
Extradition Act 1870, and in exercise of. the power in that behalf in





the said Act contained, both by this present Order, by and with the
advice of Her Majesty's Privy Council, direct that the said Extradition
Ordinance (Hong Kong) 1875(a) shall have effect in the Colony of Hong
Kong. without modification or alteration, as if it were part of The
Extradition Act 1870.

AND the Right Honourable the Earl of Carnarvon, one of Her
Majesty's Principal Secretaries of State. is to give the necessary
directions herein accordingly.

C. L. PEEL.

(a) No. 11 of 1875. (See Chapter 236. 1964 Ed.)






CERTIFICATES OF COMPETENCY TO OFFICERS.(a)

ORDER IN COUNCIL DECLARING CERTAIN CERTIFICATES
OF COMPETENCY GRANTED BY THE COLONIAL
EXECUTIVES OF CANADA, MALTA, VICTORIA,
NEW ZEALAND, NEW SOUTH WALES, SOUTH
AUSTRALIA, TASMANIA ' BENGAL, NEWFOUNDLAND,
BOMBAY, QUEENSLAND, HONG KONG, THE STRAITS
SETTLEMENTS, AND MAURITIUS, EQUIVALENT TO
THOSE GRANTED BY THE BOARD OF TRADE,
AND MAKING REGULATIONS AS TO
SUCH CERTIFICATES.(b)
At the Court at Windsor, the 9th day of May, 1891.
Present,
The Queen's Most Excellent Majesty.
Lord President. Earl of Coventry.
Lord Steward.
WHEREAS by the Merchant Shipping (Colonial) Act 1869(c) it
is (amongst other things) enacted that, where the legislature of
any British possession provides for the examination of, and grant
of certificates of competency to, persons intending to act as masters,
mates, or engineers on board British ships, and the Board of Trade
report to Her Majesty that they are satisfied that the examinations
are so conducted as to be equally efficient as the examinations for
the same purpose in the United Kingdom under the Acts relating
to merchant shipping, and that the certificates are granted on such
principles as to show the like qualification and competency as those
granted under the said Acts, and are liable to be forfeited for the
like reasons, and in the like manner, it shall be lawful for Her
Majesty, by Order in Council-

1.To declare that the said certificates shall be of the same force
as if they had been granted under the said Acts;

2.To declare that for all or any of the provisions of the said Acts
which relate to certificates of competency granted under those
Acts shall apply to the certificates referred to in the said Order;

(a)For the Order in Council relating to India see S.R. & 0. 1931 (No. 1100).

(b)This Order in Council has been amended by S.R. & Os. 1906 No. 810;
1910 No. 823 (Newfoundland); 1916 No. 633 (Malta and Mauritius);
1923 No. 1288 (Australian Certificates); 1931 No. 692 (Australian
Certificates); 1931 No. 693 (South African Certificates), and 1931 No.
1100 (Indian Certificates).

(e)32 & 33 Vict. e. 11; repealed and consolidated with other Acts by the
Merchant Shipping Act 1894 (57 & 58 Vict. c. 60).





3.To impose such conditions and to make such regulations with
respect to the said certificates. and to the use. issue, delivery,
cancellation, and suspension thereof, as to Her Majesty may
seem fit, and to impose penalties not exceeding fifty pounds
for the breach of such conditions and regulations:

AND that upon the publication in the London Gazette of any such
Order in Council as that last aforesaid, the provisions therein contained
shall, from a date to be mentioned for the purpose in such Order, take
effect as if they had been contained in the Act, and that it shall be lawful
for Her Majesty in Council to revoke any Order made as aforesaid:

AND WHEREAS by the Merchant Shipping Act 1876 it is provided
that Her Majesty may, by Order in Council, revoke, alter. or add to any
Order in Council made by Her under the Merchant Shipping Acts:

AND WHEREAS by the Order in Council of the nineteenth day of
August. One thousand eight hundred and eighty-nine,(a) Her Majesty
was pleased to declare that. subject to certain exceptions. conditions,
and regulations therein contained or set out in the schedule thereto, the
colonial certificates granted as follows, viz.

(1)On or after the nineteenth day of August, One thousand eight
hundred and seventy-one, by the Minister of Marine and
Fisheries in Canada, to persons intending to act as masters or
mates on board British ships:

(2)On and after the twelfth day of May. One thousand eight
hundred and seventy-four, by the head of the government of
the Possession of Malta and its dependencies, to persons
intending to act as masters, mates, or engineers on board
British ships. that is to say. to masters of the first class or
masters of a foreign-going ship, to mates of the first class or
first mate of a foreign-going ship, to mates of the second class
or second mate of a foreigngoing ship. to engineers of the first
class or first-class engineers, and to engineers of the second
class or secondclass engineers;

(3)On and after the fourth day of January. One thousand eight
hundred and seventy, by the Steam Navigation Board of
Victoria. to persons intending to act as masters, mates, or
engineers of British sea-going steamships;

(4)On and after the first day of May. One thousand eight
hundred and seventy-two, by the governor for the time being
of the Possession of New Zealand. to persons intending to act
as masters, mates, or engineers on board British ships;

(a) Published in 'London Gazette,' August 23, 1889, pp. 4589-4592.





(5)On and after the eighteenth day of June, One thousand eight
hundred and seventy-two. by the Marine Board of the
Possession of New South Wales, to persons intending to act
as masters, first mates, or second mates, or as first-class
engineers, or as second-class engineers on board British
ships;

(6)On and after the twelfth day of May. One thousand eight
hundred and seventy-four, by the Marine Board of the
Possession of South Australia, to persons intending to act as
masters, first mates, only mates, or second mates, or first-class
engineers, or second-class engineers on board British ships;

(7)On and after the first day of April, One thousand eight
hundred and seventy-six. by the governor of the Possession
of Tasmania, to persons intending to act as masters, mates, or
engineers on board British ships;

(8)On and after the twenty-seventh day of June, One thousand
eight hundred and seventy-six by the lieutenantgovernor of
the Possession of Bengal, to persons intending to act as
masters, mates, or engineers on board British ships;

(9)On and after the fourteenth day of May, One thousand eight
hundred and seventy-seven, by the governor of the
Possession of Newfoundland, to persons intending to act as
masters or mates on board British ships;

hundred and seventy-seven, by the governor of the
Possession of Bombay, to persons intending to act as
masters. mates. or engineers on board British ships;

hundred and seventy-seven, by the Marine Board of the
Possession of Queensland, to persons intending to act as
masters, mates, or engineers on board British ships.,

hundred and eighty-four. by the governor of the Possession
of Hong Kong, to persons intending to act as masters, mates,
or engineers on board British ships;

hundred and eighty-seven. by the minister of marine and
fisheries in the Possession of Canada, to persons intending to
act as first-class engineers or second-class engineers of sea-
going British ships;

hundred and eighty-eight, by the governor of the Possession
of the Straits Settlements. to persons intending to act as first-
class engineers and second-class engineers of sea-going
British ships;





AND WHEREAS by the Order in Council of the first day of
May, One thousand eight hundred and ninety,(a) Her Majesty was
pleased to declare that. subject to certain exceptions, conditions, and
regulations therein contained or set out in the schedule thereto, the
colonial certificates granted

(15)On and after the first day of June. One thousand eight
hundred and ninety, by the governor of the Possession of the
Straits Settlements, to persons intending to act as masters,
first mates, and second mates of sea-going British ships;

AND WHEREAS by the Order in Council of the twenty-second
day of November, One thousand eight hundred and ninety, Her Majesty
was pleased to declare that, subject to certain exceptions, conditions, or
regulations therein contained or set out in the schedule thereto, the
colonial certificates granted.

(16)On and after the first day of January. One thousand eight
hundred and ninety-one, by the governor of the Possession of
Mauritius, to persons intending to act as masters, first mates,
and second mates, of sea-going British ships;

should be of the same force as if they had been granted under the said
Acts, and subject to the conditions and regulations imposed and made
by the Board of Trade, and set out in the schedules to the said recited
Orders in Council respectively:

AND WHEREAS it has been made to appear to Her Majesty
that it is expedient that the conditions and regulations set out in the said
recited Orders in Council and the schedules thereto should be rescinded
and the said recited Orders in Council revoked, and a new Order in
Council containing such modified and amended conditions and
regulations substituted in lieu thereof:

Now, THEREFORE, Her Majesty, by and with the advice and
consent of Her Privy Council. is hereby pleased

1. To declare that the colonial certificates of competency granted

(a)by the Minister of Marine and Fisheries in Canada, from and
after the nineteeth day of August. One thousand eight
hundred and seventy-one, to persons intending to act as
masters or mates on board British ships. and from and after the
first day of January, One thousand eight hundred and eighty-
seven, to persons intending to act as first-class engineers or
second-class engineers of seagoing British ships;

(a)See S.R. & 0. 1890, pp. 825-833, and 'London Gazette,' May 6, 1890,
p. 2598.





(b) [Revoked as to Malta see S.R. & 0. 1916 No. 633.]

(c) [Revoked as to Victoria see S.R. & 0. 1923 No. 1288.1

(d)by the governor for the time being of the Possession of New
Zealand. from and after the first day of May, One thousand
eight hundred and seventy-two. to persons intending to act as
masters. mates, or engineers on board British ships;

(e)[Revoked as to New South Wales see S.R. & 0. 1923 No.
1288.1

[Revoked as to South Australia see S.R. & 0. 1923 No.
1288.]

(g) [Revoked as to Tasmania see S.R. & 0. 1923 No. 1288.]

(h) [Revoked as to Bengal see S.R. & 0. 1931 No. 1100.]

(i)by the governor of the Possession of Newfoundland, from and
after the fourteenth day of May, One thousand eight hundred
and seventy-seven, to persons intending to act as masters or
mates on board British ships.

(k) [Revoked as to Bombay see S.R. & 0. 1931 No. 1100.1

(1) [Revoked as to Queensland see S.R. & 0. 1923 No. 1288.1

(m)by the governor of the Possession of Hong Kong, from and
after the first. day of January. One thousand eight hundred
and eighty-four, to persons intending to act as masters, mates,
or engineers on board British ships.,

(n)by the governor of the Possession of the Straits Settlements,
from and after the first day of August, One thousand eight
hundred and eighty-eight, to persons intending to act as first-
class engineers and second-class engineers of sea-going
British ships;

(o)by the governor of the Possession of the Straits Settlements,
from and after the first day of June, One thousand eight
hundred and ninety, to persons intending to act as masters,
first mates. and second mates of sea-going British ships;

(p) [Revoked as to Mauritius see S.R. & 0. 1916 No. 633.1

shall be of the same force as if they had been granted under the said
Acts:

2. To declare that all the provisions of the said Acts which relate to
certificates of competency for the foreign trade granted under those
Acts, except

So much of the third subsection of the twenty-third

Section of the Merchant Shipping Act Amendment Act





1862(a) as requires, at the conclusion of a case relating to the
cancelling or suspending of a certificate, such certificate, if
cancelled or suspended, to be forwarded to the Board of Trade;
and the whole of the provisions of the fourth subsection of the
same section:

shall apply to such colonial certificates of competency as are in
paragraph 1 of this Order referred to; provided. however, that in the case
of New Zealand the foregoing exceptions shall not interfere with or
suspend the operation of an Act of the Legislature of New Zealand,
intituled the Merchant Shipping Act Adoption Act 1869; and provided
that Section 139 of the Merchant Shipping Act 1854 and Section 10 of
the Merchant Shipping Act Amendment Act 1862 shall, for the purpose
of their application to such certificates of competency as aforesaid, be
construed as not referring to the Board of Trade. but as referring to the
authority mentioned in the interpretation clause of Schedule A to this
Order, which granted the certificate which has been lost or is to be
replaced:

3. To impose and make the regulations set out in the Schedule A
hereto, numbered 1 to 12 respectively, with respect to the said colonial
certificates of competency, and to the use, issue, delivery, cancellation,
and suspension thereof, and to impose for the breach of such
regulations the penalties therein mentioned:

4. To revoke the conditions and regulations set out in the
schedules to the said recited Orders in Council, and to substitute
therefor the regulations set out in the Schedule A hereto numbered 1 to
12 respectively, and to declare that. from and after the time when this
Order takes effect, the regulations set out in the Schedule A hereto shall
apply to all colonial certificates that may heretofore have been or shall
be hereafter granted as aforesaid:

5. To declare that this Order shall take effect in the said
possessions respectively which are enumerated in the Schedule B
hereto immediately from and after the publication of this Order in such
possessions respectively, and that all certificates granted in the said
possessions subsequently to the dates named in the Schedule B and
before this Order comes into force, shall have the same effect, and be of
the same value. and confer the same privileges on the holders thereof, as
if granted after this present Order:

6. To direct that the said hereinbefore recited Orders in Council
shall be revoked in each of the said possessions on the day on which
this Order takes effect therein as provided in the

(a)25 & 26 Vict. c. 63; repealed and consolidated with other Acts by the
Merchant Shipping Act 1894 (57 & 58 Vict. c. 60).





preceding paragraph (5) hereof, provided. however, that the revocation
of the said Orders in Council shall not affect or invalidate any colonial
certificate of competency previously granted to which the said Orders in
Council apply, or affect the validity or invalidity of anything done under
the said Orders in Council before this Order takes effect or any
obligation heretofore incurred.

7. A copy of this Order shall forthwith. after the publication thereof
in the 'London Gazette.'(a) be forwarded to the governor, lieutenant-
governor. administrator, or head of the government of each of the said
enumerated possessions. who shall. immediately upon the receipt of
such copy, publish this Order, and the Secretary of State for the
Colonies and the Secretary of State for India in council are hereby
required to take in that behalf.

C. L. PEEL.

SCHEDULE A.

REGULATIONS with respect to the use, issue, delivery, cancellation,
and suspension of colonial certificates of competency.

INTERPRETATION
CLAUSE.

In the construction and for the purposes of these regulations, the following
terms shall have the respective meanings hereinafter assigned to them, that is to
say

'Colonial certificate of competency' or 'colonial certificate' shall mean a
certificate of competency granted under the authority of the legislature or
legislative authority of one of the British possessions in Schedule B hereto
mentioned, to persons intending to act or acting as masters, mates, or
engineers of British ships.

'Authority' shall mean the governor, lieutenant-governor, administrator, head of
the government, minister, board, body, or corporation of or in any British
possession for the time being authorized by the legislature or legislative
authority of such possession to grant colonial certificates of competency.

'Certificate' shall mean a certificate of competency.

REGULATIONS.

FORM OF CERTIFICATE.

1. A colonial certificate of competency shall be on parchment, and as nearly
as possible similar in shape and form to the corresponding certificate of
competency for the foreign trade granted by the Board of Trade under the Acts
relating to merchant shipping.

(a) This Order was gazetted on May 15th, 1893.





NAME OF POSSESSION TO BE INSERTED.

2. A colonial certificate of competency shall have the name of the British
possession in which the same is granted inserted prominently on its face and back.

CERTIFICATES TO BE NUMBERED
CONSECUTIVELY.

3. The colonial certificates of competency granted in each British possession
shall be numbered in consecutive order.

LIST OF CERTIFICATES GRANTED, CANCELLED, &C., TO BE SENT
TO
REGISTRAR-GENRAL OF SEAMEN.

4. The authority in each British possession shall furnish the Registrar-General
of Seamen in London, from time to time, with accurate lists of all such colonial
certificates of competency as may be granted therein, or as may, for any case
whatsoever, be cancelled, suspended, renewed, or re-issued; and shall also furnish
him with duplicates of the applications for examination made by the persons to
whom such certificates are granted.

CERTIFICATES TO BE GRANTED ONLY UPON PROOF OF SERVICE AT
SEA.

5. A colonial certificate of competency shall be granted only upon proof that
the previous service at sea of the person applying for the same has been such as is
required by the regulations for the time being in force in the United Kingdom with
respect to certificates of the like grade.

Certificates of competency granted contrary to this regulation, or upon

any false, incorrect, or insufficient proof, certificate, or report of service,
qualification, conduct, or character shall be regarded as improperly granted.

CERTIFICATES NOT TO BE GRANTED WHEN FORMER ARE
CANCELLED. '

6. A colonial certificate of competency shall not be granted to any person
who may have had a certificate, whether granted by the Board of Trade or by the
authority of a British possession, cancelled or suspended under the provisions of
the said Acts or of any Act or Ordinance for the time being in force in any part
of Her Majesty's dominions, unless

(i) in accordance with Regulation No. time

(ii)or the same is a certificate of a lower grade than the one so cancelled or
suspended, and is issued upon the recommendation of the court or
authority which cancelled or suspended the original certificate;

(iii) or the period of suspension has expired;

(iv)or intimation has been received from the Board of Trade or the authority
by whom the cancelled or suspended certificate was originally granted to
the effect that no objection to the grant of such colonial certificate is
known to exist.

Before a certificate is returned in accordance with subsection (iii) any
certificate which may have been granted temporarily or pending the suspension
must be delivered up, and it shall be returned to the authority by whom it was
granted.

Colonial certificates of competency granted contrary to this regulation shall
be regarded as improperly granted.





CERTIFICATES WHICH MAY BE GRANTED AFTER A CERTIFICATE HAS BEEN
CANCELLED D OR SUSPENDED.

7. (1) It shall be lawful for the governor or person administering the
government of the British possession in which a certificate has been cancelled or
suspended if, after full investigation of an the circumstances, he thinks the justice
of the case requires it;

(a)If the certificate was granted in the colony, to return the certificate which
has been cancelled or suspended, or to shorten the time for which it is
suspended, or to grant or request the authority of the possession to grant
a certificate of the same or any lower grade in place of the certificate
which has been cancelled or suspended.

(b)If the cancelled or suspended certificate was granted by the
authority of another colony, to request such authority to return the
certificate which has been cancelled or suspended, or to shorten the time
for which it is suspended, or to grant a certificate of the same or any
lower grade in place of the certificate which has been cancelled or
suspended.

(c)If in the opinion of such governor or person administering the
government of the British possession the justice of the case requires the
issue of a colonial certificate without delay to the person whose
certificate has been cancelled or suspended, the governor or person
administering the government aforesaid (in addition to acting upon
subsection (b) of this regulation) to issue or request the authority in such
British possession to issue a certificate of the same or any lower grade in
place of the certificate which has been cancelled or suspended, which
substituted certificate is to be in force for such limited period as such
governor or person administering as aforesaid shall in that behalf direct
and no longer.

(d)If the cancelled or suspended certificate was granted by the Board of
Trade, to issue or request the authority of the possession to issue a
colonial certificate of the same or any lower grade in place of the
cancelled or suspended certificate, and such substituted certificate is to be
in force for such limited period as such governor or person administering
as aforesaid shall in that behalf direct and no longer; and the governor or
person aforesaid shall also cause the Board of Trade to be informed of his
act.

(2) If a colonial certificate is cancelled or suspended in the United Kingdom
the Board of Trade may, if in their opinion the justice of the case requires it,
return or request the authority by whom such certificate was granted to return any
certificate which has been cancelled or suspended, or shorten or request such
authority to shorten the time for which it was suspended, or request such authority
to issue a certificate of the same or any lower grade in place of the certificate
which has been cancelled or suspended.

(3) Whenever the authority by whom a cancelled or suspended certificate was
originally issued is requested by the governor or person administering the
government of a British possession in accordance with section (1) of this
regulation, or by the Board of Trade in accordance with section (2) of this
regulation, to return any certificate which has been cancelled or suspended, or to
shorten the time for which it is suspended, or to issue a certificate of the same or
any lower grade in place of any certificate which has been so cancelled or
suspended, the authority so requested as aforesaid shall forthwith return any
certificate which has been cancelled or suspended or shorten the time for which it
was suspended, or issue a certificate accordingly (as the case may be).





(4) In all cases in which the powers given by this regulation are exercised, a
report of the case shall be sent by the governor or person administering the
possession in which the powers are exercised to the authority by whom the
cancelled or suspended certificate was granted.

CERTIFICATES IMPROPERLY GRANTED MAY BE CANCELLED
WITHOUT
FORMAL INVESTIGATION.

8. A colonial certificate of competency which appears from information
subsequently acquired, or otherwise, to have been improperly granted, may (without
any formal investigation, under the Merchant Shipping Act 1854 or the Acts
amending the same) be cancelled by the authority by which the same was granted,
or by the Board of Trade in the United Kingdom, and the holder of such certificate
shall thereupon deliver it to the Board of Trade or such authority, or as they or
either of them may direct, and in default thereof shall incur a penalty not
exceeding fifty pounds, which shall be recoverable in the manner in which penalties
imposed by the Acts relating to Merchant Shipping are thereby made recoverable,
or in such summary proceedings as the law of any British possession where the
holder may be may allow or permit to be brought for the recovery thereof.

CANCELLATION, &C., OF A CERTIFICATE SHALL INVOLVE
CANCELLATION OF
ALL THE OTHER CERTIFICATES POSSESSED BY ITS OWNER.

9. Every decision with respect to the cancellation or suspension of a
certificate pronounced by any board, court, or tribunal under the provisions of the
said Acts, shall, unless otherwise directed, extend equally to all the colonial
certificates at the time possessed by the person in respect of whom the decision is
made.

CERTIFICATES BELIEVED TO BE FRAUDULENT MAY BF
DEMANDED.

10. Any officer of the Board of Trade, or the Registrar-General of Seamen, or
any of his officers, or a superintendent of a mercantile marine office, or a Consular
officer, or duly appointed shipping officer in a British possession, may demand the
delivery to him of any colonial certificate of competency which he has reason to
believe has been improperly issued, or is forged, altered, cancelled, or suspended, or
to which the person using it is not justly entitled, and may detain such
certificate for a reasonable period for the purpose of making inquiries respecting
such issue, forgery, alteration, cancellation, suspension, or possession, and any
person who, without reasonable cause, neglects or refuses to comply with such
demand shall incur a penalty not exceeding twenty pounds or its equivalent in local
currency, which shall be recoverable in the manner in which penalties imposed by
the Acts relating to merchant shipping are thereby made recoverable, or in such
other summary proceedings as the law of any British possession where such person
may be may allow or permit to be brought for the recovery thereof.

SUSPENDED CERTIFICATES TO BE RE-ISSUED ONLY BY COLONY BY
WHICH
ORIGINALLY GRANTED.

11. Subject to these Regulations a colonial certificate of competency which
has, from any cause, been cancelled or suspended, shall be renewed or re-issued only
by the authority by which the same was originally granted.





COLONIAL CERTIFICATES, WHEN CANCELLED OR SUSPENDED, TO BE
SENT TO
THE AUTHORITY WHICH GRANTED THEM

12. Whenever a colonial certificate is cancelled or suspended the board, court,
or tribunal cancelling or suspending the same shall send to the authority by whom
the certificate was granted a full report upon the case, together with a copy of the
evidence taken therein, and also the certificate which has been cancelled or
suspended.

SCHEDULE B.

Possession. Nature of Certificate. Date.

Canada.......Masters and mates.......19th August, 1871
Canada.......First-class engineers and

second-class engineers .. 1st January, 1887

Malta and its
dependencies .. Masters, mates, and engineers 12th May, 1874

Victoria .......Masters, mates, and engineers 4th January, 1870

New Zealand..... Masters, mates, *and engineers 1st May, 1New South Wales..Masters, first mates or second mates, and first-class
engineers or second-class engineers..........
..18th June, 1872

South Australia .. Masters, first mates, only
..mates or second mates, and
..first-class engineers or second-

class engineers.......12th May, 1874

Tasmania .......Masters, mates, and engineers 1st April, 1876

Bengal Masters, mates, and engineers 27th June, 1876
Newfoundland................Masters and mates .... 14th May, 1877
Bombay Masters, mates, and engineers 11th July, 1877

Queensland ..... Masters, mates, and engineers 1st October, 1877
Hong Kong ..... Masters, mates, and engineers 1st January, 1884
Straits Settlements..First-class engineers and
second-class engineers ..1st August, 1888
Straits Settlements..Masters, first mates, and second
mates . .......... ..1st June, 1890
Mauritius.. ..... Masters, first mates, and second

mates............. .... 1st January, 1891





ORDER IN COUNCIL AMENDING THE ORDERS IN
COUNCIL OF MAY 9, 1891,(a) AND NOVEMBER
23,1893,(b) AS TO COLONIAL CERTIFICATES
OF COMPETENCY.

1906 No. 810.

At the Court at Buckingham Palace, the 22nd day of October, 1906.

Present,

The King's Most Excellent Majesty.

Prime Minister. Lord Chamberlain.

Lord President. Lord Suffield.

Lord Privy Seal.

WHEREAS by the Merchant Shipping Act 1894 it is (amongst other
things) enacted that where the Legislature of any British Possession
provides for the examination of and grant of Certificates of Competency
to persons intending to act as Masters. Mates or Engineers on board
British ships, and the Board of Trade report to His Majesty that they are
satisfied that the examinations are so conducted as to be equally
efficient with the examinations for the same purpose in the United
Kingdom under the Merchant Shipping Act 1894 and that the
Certificates are granted on such principles as to show the like
qualifications and competency as those granted under the said Act and
are liable to be forfeited for the like reasons and in the like manner. His
Majesty may, by Order in Council

1.Declare that the said Certificates shall be of the same force as if
they had been granted under the said Act;

2.Declare that all or any of the provisions of the said Act which
relate to Certificates of Competency granted under that Act
shall apply to the Certificates referred to in the said Order;

3.Impose such conditions and make such regulations with
respect to the said Certificates and to the use, issue, delivery,
cancellation and suspension thereof as His Majesty may think
fit, and impose penalties not exceeding fifty pounds for the
breach of those conditions and regulations:

AND that upon the publication in the London Gazette of any such
Order in Council as last aforesaid the Order shall. as from the date of the
publication or any later date mentioned in the Order, take effect as if it
were enacted by Parliament:

(a) See preceding Order in Council.

(b)S.R. & 0. Rev. 1904, VIII, -Merchant Shipping,' p. 57, revoked by S.R. &
0. 1923, No. 1288.





AND WHEREAS at the coming into operation of the said
Merchant Shipping Act 1894 there were in force the Orders in Council of
the 9th day of May 1891 and the 23rd day of November 1893 hereinafter
mentioned, being Orders in Council made under enactments repealed by
the said Merchant Shipping Act 1894 and it was provided by the said
Merchant Shipping Act 1894 that Orders in Council so made should
remain in force as if made or granted under the said Merchant Shipping
Act 1894:

AND WHEREAS by the Merchant Shipping Act 1894 it is further
provided that His Majesty may, by Order in Council, revoke, alter or add
to any Order in Council made under the Merchant Shipping Acts:

AND WHEREAS by the said Order in Council of the 9th day of
May 1891, it was declared inter alia that Colonial Certificates of
Competency granted by certain Authorities therein named and
described in the case of the several British Possessions therein
mentioned to persons intending to act as therein mentioned on board
British ships should be of the same force as if they had been granted
under the Acts relating to merchant shipping:

AND WHEREAS by the said Order last mentioned the regulations
set out in the Schedule A thereto with respect to the said Colonial
Certificates of Competency were imposed and made and it was declared
that the regulations set out in the said Schedule A thereto should apply
to all Colonial Certificates of Competency that might theretofore have
been or should thereafter be granted:

AND WHEREAS by the said Order in Council of the 23rd day of
November 1893 it was declared that Colonial Certificates of Competency
granted by the Marine Board of Victoria from and after the 21st day of
December 1888 as therein mentioned should be of the same force as if
they had been granted under the Acts relating to merchant shipping
and should be subject to the same conditions and regulations as are set
out in Schedule A to the said Order in Council of the 9th day of May
1891:

AND WHEREAS by the provisions of the Navigation
(Amendment) Act 1899 passed by the Legislature of New South Wales
and by the provisions of the Shipping and Seamen Act 1903 passed by
the Legislature of New Zealand certain changes were made in the
Authorities authorized by the said Legislatures respectively to grant
Colonial Certificates of Competency in those Possessions respectively
and other similar changes may be made by the Legislature of the British
Possessions referred to in the said Orders in Council with regard to the
Authorities authorized to grant such Certificates in such several
Possessions:

AND WHEREAS it has been made to appear to His Majesty that it
is expedient that the said Orders in Council should be so altered as to
apply to Certificates of Competency granted by the proper Authority for
the time being in the British Possessions mentioned in the said Orders
in Council:





Now, THEREFORE, His Majesty, by and with the advice and
consent of His Privy Council, is hereby pleased

To declare that the Colonial Certificate of Competency granted
or to be hereafter granted by the Governor, Lieutenant-Govemor,
Administrator, Head of the Government, Minister, Board, Body or
Corporation of or in any British Possession mentioned in the said
Orders in Council for the time being authorized by the Legislature or
Legislative Authority of such Possession to grant Colonial
Certificates of Competency (hereinafter called 'the proper
authority') from and after the respective dates in the case of the
several Possessions with reference to the several kinds of
Certificate in the said Orders in Council mentioned shall be of the
same force as if they had been granted under the Merchant
Shipping Act 1894 and shall be subject to the same conditions and
regulations as are set out in Schedule A to the said Order in Council
of the 9th day of May 1891(a) and the said Orders in Council shall
be read and construed as if the proper authority had been originally
mentioned therein in the case of each such Possession in lieu of the
Authority in each case actually named and described therein.

A. W. FITZROY

(a) See preceding Order in Council.





1986 No. 2226
PRISONERS

E REPATRIATION OF PRISONERS (OVERSEAS
TERRITORIES) ORDER 1986

[This Order in Council is printed as amended by S.I. 1987
No. 1828 (L.N. 12/88).]

Made - - - - 16th December 1986

Coming into Operation - 1st February 1987

At the Court at Buckingham Palace, the 16th day of December 1986

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 9(4) of the
Repatriation of Prisoners Act 1984(a), or otherwise in Her Majesty vested, is
pleased, by and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows:

1. This Order may be cited as the Repatriation of Prisoners (Overseas
Territories) Order 1986 and shall come into operation on 1st February 1987.

2. (1) The provisions of sections 1 to 9 of the Repatriation of Prisoners
Act 1984, modified and adapted as in Schedule 1 hereto, shall extend to the
Territories specified in Schedule 2 hereto.

(2) For the purpose of construing the said Act as so extended as part of
the law of any Territory to which it extends 'the Territory' means that
Territory, including its territorial waters.

G. I. de DENEY,

Clerk of the Privy Council.

SCHEDULE1 Article 2.

SECTIONS 1 TO 9 OF THE REPATRIATION OF PRISONERS ACT 1984
AS MODIFIED AND ADAPTED

1. (1) Subject to the following provisions of this section, where-

(a)international arrangements apply to the Territory which provide for the
transfer between the Territory and a country or territory outside the
Territory of persons to whom subsection (7) below applies, and

(a) 1984 c. 47.





(b)the Governor and the appropriate authority of that country or territory
have each agreed to the transfer under those arrangements of a particular
person (in this Act referred to as 'the prisoner'), and

(c)the prisoner has consented to being transferred in accordance with those
arrangements,

the Governor shall issue a warrant providing for the transfer of the prisoner into
or out of the Territory.

(2) The Governor shall not issue a warrant under this Act, and, if he has issued
one, shall revoke it, in any case where after the duty under subsection (1) above
has arisen and before the transfer in question takes place circumstances arise, or
are brought to the Governor's attention, which in his opinion make it
inappropriate that the transfer should take place.

(3) The Governor shall not issue a warrant under this Act providing for the
transfer of any person into the Territory unless

(a)that person is a British citizen or a British Dependent Territories citizen
or a British National (Overseas);(a)

(b)the transfer appears to the Governor to be appropriate having regard to
any close ties which that person has with the Territory; or

(c)it appears to the Governor that the transfer is such a transfer for the
purpose of the temporary return of the prisoner to the Territory as may
be provided for by virtue of section 4(1)(b) below.

(4) The Governor shall not issue a warrant under this Act, other than one
superseding an earlier warrant, unless he is satisfied that all reasonable steps have
been taken to inform the prisoner in writing in his own language

(a)of the substance, so far as relevant to the prisoner's case, of the
international arrangements in accordance with which it is proposed to
transfer him,

(b)of the effect in relation to the prisoner of the warrant which it is
proposed to issue in respect of him under this Act,

(c)in the case of a transfer into the Territory, of the effect in relation to
the prisoner of the law relating to his detention under that warrant
(including the effect of any enactment or instrument under which he may
be released earlier than provided for by the terms of the warrant),

(d)in the case of a transfer out of the Territory, of the effect in relation to
the prisoner of so much of the law of the country or territory to which
he is to be transferred as has effect with respect to transfers under those
arrangements, and

(e) of the powers of the Governor under section 6 of this Act;

and, the Governor shall not issue a warrant superseding an earlier warrant under
this Act unless the requirements of this subsection were fulfilled in relation to the
earlier warrant.

(5) The Governor shall not issue a warrant under this Act unless he is satisfied
that the consent given for the purposes of subsection (1)(c) above was given in a
manner authorised by the international arrangements in accordance with which the
prisoner is to be transferred and was so given either

(a) by the prisoner himself., or

(b)in circumstances where it appears to the Governor inappropriate by
reason of the physical or mental condition or the youth of the prisoner






for the prisoner to act for himself, by a person appearing to the
Governor to be an appropriate person to have acted on the prisoner's
behalf.

(6) A consent given for the purpose of subsection (1)(c) above shall not be
capable of being withdrawn after a warrant has been issued in respect of the
prisonerand, accordingly, a purported withdrawal of that consent after that time
shall not affect the validity of the warrant, or of any provision which by virtue of
section 6 below subsequently supersedes provisions of that warrant, or of any
direction given in relation to the prisoner under section 2(3) below.

(7) This subsection applies to a person if he is for the time being required to
be detained in a prison, a hospital or any other institution either

(a) Amended by S.I. 1987/1828 (L.N. 12/88).





(a)by virtue of an order made in the course of the exercise by a court or
tribunal in the Territory, or in any country or territory outside the
Territory, of its criminal jurisdiction; or

(b)under the provisions of this Act or any similar provisions of the law of
the Territory, or ofthe law of any country or territory outside the
Territory.

(8) In subsection (7)(b) above the reference to provisions similar to the
provisions of this Act shall be construed as a reference to any provisions which
have effect with respect to the transfer between different countries and territories
(or different parts of a country or territory) of persons who are required to be
detained in prisons, hospitals or other institutions by virtue of orders made in the
course of the exercise by courts and tribunals of their criminal jurisdiction.

2. (1) The effect of a warrant providing for the transfer of the prisoner out of
the Territory shall be to authorise

(a)the taking of the prisoner to any place in the Territory and his delivery,
at a place of departure from the Territory, into the custody of a person
representing the appropriate authority of the country or territory to
which the prisoner is to be transferred; and

(b)the removal of the prisoner by the person to whom he is so delivered to a
place outside the Territory.

(2) Subject to subsections (3) to (5) below, the order by virtue of which the
prisoner is required to be detained at the time such a warrant is issued in respect of
him shall continue to have effect after his removal from the Territory so as to
apply to him if he is again in the Territory at any time when under that order he is
to be, or may be, detained.

(3) If, at any time after the removal of the prisoner from the Territory, it
appears to the Governor appropriate to do so in order that effect may be given to
the international arrangements in accordance with which the prisoner was
transferred, the Governor may give a direction varying the order referred to in
subsection (2) above or providing for that order to cease to have effect.

(4) The power by direction under subsection (3) above to vary the order
referred to in subsection (2) above shall include power by direction

(a)to provide for how any period during which the prisoner is, by virtue of a
warrant under this Act, out of the Territory is to be treated for the
purposes of that order; and

(b) to provide for the prisoner to be treated as having been released on
licence.

(5) Except in relation to any period during which a restriction order is in
force in respect of the prisoner, subsection (2) above shall not apply in relation to
a hospital order; and, accordingly, a hospital order shall cease to have effect in
relation to the prisoner

(a)at the time of his removal from the Territory if no restriction order is in
force in respect of him at that time; and

(b)if at that time a restriction order is in force in respect of him, as soon
after his removal as the restriction order ceases to have effect.

(6) In subsection (5) above-

'hospital order means

any order or direction made under an enactment applying in the
Territory and having the same effect as an order made under Section






37 of the Mental Health Act 1983(a); and

'restriction order' means

any order or direction made under an enactment applying in the
Territory and having the same effect as an order made under section
41 of the said Act of 1983.

(7) References in this section to the order by virtue of which the prisoner is
required to be detained at the time a warrant under this Act is issued in respect of
him include references to any order by virtue of which he is required to be detained
after the order by virtue of which he is required to be detained at that time ceases
to have effect.

(a) 1983 c. 20.





3. (1) The effect of a warrant providing for the transfer of the prisoner into
the Territory shall be to authorise

(a)the bringing of the prisoner into the Territory from a place outside the
Territory;

(b)the taking of the prisoner to such place in the Territory, being a place at
which effect may be given to the provisions contained in the warrant by
virtue of paragraph (e) below, as may be specified in the warrant; and

(c)the detention of the prisoner in the Territory in accordance with such
provisions as may be contained in the warrant, being provisions appearing
to the Governor to be appropriate for giving effect to the international
arrangements in accordance with which the prisoner is transferred.

(2) Subject to section 4(2) to (4) below, a provision shall not be contained by
virtue of subsection (1)(c) above in a warrant under this Act unless it satisfies the
following two conditions, that is to say

(a)it is a provision with respect to the detention of a person in a prison, a
hospital or any other institution; and

(b)it is a provision which at the time the warrant is issued may be contained
in an order made either

(i)in the course of the exercise of its criminal jurisdiction by a court in
the Territory; or

(ii) otherwise than by a court but for the purpose of giving effect to an
order made as mentioned in sub-paragraph (i) above.

(3) In determining for the purposes of paragraph (c) of subsection (1) above
what provisions are appropriate for giving effect to the international
arrangements mentioned in that paragraph, the Governor shall, to the extent that
it appears to him consistent with those arrangements to do so, have regard to the
inappropriateness of the warrant's containing provisions which

(a)are equivalent to more than the maximum penalties (if any) that may be
imposed on a person who in the Territory commits an offence
corresponding to that in respect of which the prisoner is required to be
detained in the country or territory from which he is to be transferred; or

(b) are framed without reference to the length-

(i)of the period during which the prisoner is, but for the transfer,
required to be detained in that country or territory; and

(5)of so much of that period as will have been, or be treated as having
been, served by the prisoner when the said provisions take effect.

(4) Subject to subsection (6) below, a provision contained by virtue of
subsection (1)(c) above in a warrant under this Act shall for all purposes have the
same effect as the same provision contained in an order made as mentioned in sub-
paragraph (i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b) above.

(5) A provision contained by virtue of subsection (1)(c) above in a warrant
under this Act shall take effect with the delivery of the prisoner to the place
specified in the warrant for the purposes of subsection (1)(b) above.

(6) Subsection (4) above shall not confer any right of appeal on the prisoner
against provisions contained by virtue of subsection (1)(c) above in a warrant
under this Act.

(8). For the purposes of determining whether at any particular time any such
order as is mentioned in subsection (2)(b) above could have been made as so






mentioned, there shall be disregarded both

(a)any requirement that certain conditions must be satisfied before the order
is made., and

(b)any restriction on the minimum period in respect of which the order may
be made.

4. (1) A single warrant under this Act may provide for the transfer of the
prisoner both out of and into (or into and out of) the Territory if it appears to the
Governor that the transfers are to be for the purpose of the temporary return of
the prisoner either

(a)from the Territory to a country or territory outside the Territory from
which he has previously been transferred into the Territory under this
Act or any other enactment; or





(b)to the Territory from a country or territory outside the Territory to
which he has previously been transferred from the Territory under this
Act.

(2) The provisions contained by virtue of section 3(1)(c) above in a warrant
under this Act issued for the purpose of the temporary return of the prisoner to a
country or territory outside the Territory may, where the prisoner is required
when that warrant is issued to be detained in accordance with provisions so
contained in an earlier warrant under this Act, require the prisoner to continue,
after his return to the Territory, to be detained in accordance with those earlier
provisions.

(3) A warrant issued under this Act containing, with respect to provisions
contained in an earlier warrant, any such requirement as is referred to in subsection
(2) above, shall provide that any period during which the prisoner is out of the
Territory and is in custody is to be treated (except to such extent as may be
specified in the warrant in order that effect may be given to the international
arrangements in question) as a period during which the prisoner is detained under
the provisions contained in the earlier warrant.

(4) The provisions contained by virtue of section 3(1)(c) above in a warrant
under this Act issued for the purpose of the temporary return of the prisoner to
the Territory may require the prisoner to be detained in accordance with any order
which on his return will apply in respect of him in pursuance of section 2(2)
above.

5. (1) Where a warrant has been issued under this Act the following provisions
of this section shall have effect for the purposes of the warrant, except (without
prejudice to section 3(4) above or any enactment contained otherwise than in this
Act) in relation to any time when the prisoner is required to be detained in
accordance with provisions contained in the warrant by virtue of section 3(1)(c)
above.

(2) The prisoner shall be deemed to be in the legal custody of the Governor at
any time when, being in the Territory or on board a British ship, a British aircraft
or a British hovercraft, he is being taken under the warrant to or from any place,
or being kept in custody under the warrant.

(3) The Governor may, from time to time, designate any person as a person
who is for the time being authorised for the purposes of the warrant to take the
prisoner to or from any place under the warrant, or to keep the prisoner in
custody under the warrant.

(4) A person authorised by or for the purposes of the warrant to take the
prisoner to or from any place or to keep the prisoner in custody shall, whether he
is inside or outside the Territory, have all the powers, authority, protection and
privileges of a constable in the Territory.

(5) If the prisoner escapes or is unlawfully at large, he may be arrested without
warrant by a constable and taken to any place to which he may be taken under the
warrant under this Act.

(6) In subsection (2) above-

'British aircraft' means a British-controlled aircraft within the meaning
of section 7 of the Tokyo Convention Act 1967(a) as extended to
the Territories by the Tokyo Convention Act (Overseas Territories)
Order 1968(b), or one of Her Majesty's aircraft;

'British hovercraft' means a British-controlled hovercraft within the
mean-

ing of the said section 7 as if it were applied in relation to hovercraft,
or
I






one of Her Majesty's hovercraft; and

'British ship' means a British ship within the meaning of the Merchant
Shipping Act 1894(c), or one of Her Majesty's ships;

and in this subsection references to Her Majesty's aircraft, hovercraft or ships are
references to the aircraft, hovercraft or, as the case may be, ships which belong to,
or are exclusively employed in the service of, Her Majesty in right of the
government of the Territory.

(7) In subsection (5) above 'constable', in relation to the Territory, means
any person who is a constable or other police officer in the Territory or any
person who, at the place in question has, under any enactment (including
subsection (4) above), the powers of a constable or other police officer in the
Territory.

(a) 1967 c. 52. (e) 1894 c. 60.
(b) S.I. 196811864.





6. (1) Subject to section 1(4) above, if at any time it appears to the Governor
appropriate, in order that effect may be given to any such arrangements as are
mentioned in section 1 (1)(a) above or in a case falling within section 1(2) above,
for a warrant under this Act to be revoked or varied, he may, as the case may
require

(a) revoke that warrant; or

(b)revoke that warrant and issue a new warrant under this Act containing
provision superseding some or all of the provisions of the previous
warrant.

(2) Subject to subsection (3)(c) below, the provision that may be contained in
a new warrant issued by virtue of subsection (1)(b) above shall be any provision that
could have been contained in the previous warrant.

(3) A new warrant issued by virtue of subsection (1)(b) above may provide-

(a)that a provision contained in it is to be treated as having taken effect
when the provisions which that provision supersedes took effect;

(b)that things done under or for the purposes of the superseded provisions
are, accordingly, to be treated as having been done under or for the
purposes of the provision contained in the new warrant; and

(c)that an enactment in force at the time the new warrant is issued is, for
the purposes of subsection (2) above or this subsection, to be treated as
having been in force when the superseded provisions took effect.

(4) The powers conferred by this section shall be exercisable notwithstanding
any defect in the warrant which is revoked.

7. (2) Subject to subsections (3) and (4) below, it shall be the duty of the
Governor, in the case of the transfer of a person into the Territory under this Act,
to secure the payment to him by that person, or from some other source, of the
amount of any expenses incurred by him in connection with the conveyance of
that person to the Territory; and for this purpose the Governor shall have the
same power as in any other case where he assists the return of a person to the
Territory to require a person to give an undertaking to pay the Governor the
whole or any part of that amount, to enforce such an undertaking and to make
such other arrangements for recovering that amount as he thinks fit.

(3) Subsection (2) above shall not apply to the extent that in any case it
appears to the Governor that it would be unreasonable for him to exercise any of
the powers conferred by that subsection either because of the exceptional
circumstances of the case or because the means of the prisoner are insufficient to
meet the expenses and their recovery, whether immediately or at some future
time, from the prisoner or from any other source is impracticable.

(4) The expenses mentioned in subsections (2) and (3) above shall not
include-

(a)any expenses of providing an escort for a person transferred into the
Territory under this Act; or

(b)any expenses of the conveyance of such a person beyond the place at
which he first arrives in the Territory.,

8. (1) In this Act, except in so far as the context otherwise requires-

'Governor', in relation to any Territory, means the officer for the time
being administering the Government of that Territory or any person
whom the Governor may by order designate to perform such of the
Governor's functions under this Act as may be specified in such order;







'international arrangements' includes any arrangements between the
Territory and the United Kingdom or between the Territory and another
colony;

'order' includes any sentence, direction, warrant or other means of giving
effect to the decision of a court or tribunal; and

'the prisoner' has the meaning given by section 1(1)(b) above.

(2) In this Act a reference to criminal jurisdiction, in relation to a court or
tribunal in a country or territory outside the Territory, includes a reference to any
jurisdiction which would be a criminal jurisdiction but for the age or incapacity of
the persons in respect of whom it is exercised.

(3) In any proceedings, the certificate of the Governor-

(a)that a particular country or territory is a party to any such international
arrangements as are mentioned in section 1(1)(a) above or that such
international arrangements apply to a particular country or territory,





(b)that the appropriate authority of any country or territory has agreed to
the transfer of a particular person in accordance with any such
arrangements, or

(c)that, for the purposes of any provision of this Act, a particular person is
or
represents the appropriate authority of any country or territory,
shall be conclusive of the matter certified.

9. (2) This Act shall come into force on such day as the Governor may by
order appoint.(a)

SCHEDULE2

Anguilla
British Indian Ocean Territory
Cayman Islands
Falkland Islands
Gibraltar
Hong Kong(b)
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands
St Helena
St Helena Dependencies
Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus

(a) Came into force on 1.2.1988-see L.N. 21/88.
(b) Added by S.I. 1987/1828 (L.N. 12/88).





THE REVENUES OF HONG KONG. NOVEMBER, 1895.

1895 No. 436.

In virtue of the powers given to us by Section 4 of the Act 55 & 56
Vict. c. 40,(a) we, being two of the Lords Commissioners of Her
Majesty's Treasury. determine the Revenues of the Colony of Hong
Kong to be a Public Fund within the meaning of that section.

W. H. FISHER,
Stanley.

TREASURY CHAMBERS,
WHITEHALL.

November, 1895.

(a) The Superannuation Act 1892.





THE COLONIAL PRISONERS REMOVAL ORDER IN
COUNCIL 1907.

1907 No. 742.

At the Court at Buckingham Palace, the 9th day of
September, 1907.

Present,

The King's Most Excellent Majesty.

Lord President. Sir Charles Hardinge.

Lord Denman. Mr. Harcourt.

His Majesty, by virtue and in exercise of the powers in this
behalf vested in Him by the Colonial Prisoners Removal Act 1884,
is pleased, by and with the advice of His Privy Council to make
the following Order as to the removal and return of prisoners and
criminal lunatics under the said Act-

1. Every prisoner removed under the said Act from a British
Possession to the United Kingdom for the purpose of undergoing the
residue of a sentence involving confinement in a prison combined with
hard labour, shall, in the United Kingdom. be dealt with as follows that
is to say,

If the original period of his sentence did not exceed two years,
in the same manner as if he had been sentenced in the United
Kingdom to imprisonment with hard labour for the same period.

And if the original period of his sentence exceeded two years,
in the same manner, as nearly as may be, as if he had been
sentenced in the United Kingdom to penal servitude for the same
period.

2. Every prisoner removed under the said Act from one British
Possession to another British Possession for the purpose of
undergoing the residue of a sentence shall in such lastmentioned British
Possession be dealt with in the same manner as if he had there been
sentenced to such punishment authorized by the law thereof as in the
opinion of the Secretary of State signing the Order of Removal shall
most nearly correspond to the punishment to which he was sentenced
in the first mentioned British Possession, and for the same period.

3. If the prisoner or criminal lunatic is to be removed to the United
Kingdom

(1)A Secretary of State shall make out and sign the Order of
Removal in duplicate and shall send one copy to the Governor
of the Colony from which the prisoner is to be





removed, and the Governor shall thereupon make out and
sign in duplicate a Notification of Concurrence in the Order of
Removal.

(2)One copy of the Order of Removal shall be retained: in the
Colony and the other copy shall be transmitted by a Secretary
of State to the Home Office.for record.

(3)One copy of the Notification of Concurrence shall be retained
in the Colony and attached to the Order, of Removal and the
other shall be sent to a Secretary: of State and shall by him be
transmitted to the Home Office for record.

4. If the prisoner or criminal lunatc is to be removed to a British
Possession

(1)A Secretary of State shall make out and sign the Order of
Removal in triplicate and shall send one copy to the Governor
of each Colony concern ed, who shall thereupon make out and
sign in triplicate a Notification of Concurrence in the Order of
Removal.

(2) The Governor of the Colony fro ; m which the prisoner is
to be removed shall retain the, copy of - the Order of
Removal and one copy of the Notification of Concurrence
which he shall attach to the Order of Removal, and shall
send the second copy of the Notification to the Governor
of the Colony to which the prisoner is to be removed,
.and the third copy of the Notification to a Secretary of
State.

(3)The Governor of the Colony to which the prisoner is to be
removed shall retain the copy of the Order of Removal and one
copy of the Notification of Concurrence which he shall attach
to the Order of Removal. and shall send the second copy of
the Notification to the Governor of the Colony from which the
prisoner is to be removed, and the third copy of the
notification to a Secretary of State.

Provided that the above procedure- shall not apply to the removal
of a prisoner or criminal Iunatic from one British Possession to another
in pursuance of an agreement made between such Possessions and
sanctioned by Order in Council under the provisions of the Colonial
Prisoners Removal! Act 1869.

5. A Removal Warrant duly made. out and signed shall be
transmitted with every prisoner or criminal lunatic who is removed. The
Warrant shall be handed over with the prisoner or criminal lunatic to
every person from time to time authorized to receive him in custody for
the purpose of giving effect to the Order of Removal.





6. The forms in the Schedule to this Order or forms to the like effect
varied as circumstances may require may be used under the said Act.

7. This Order shall commence and come into operation on the first
day of November 1907.

8. The Order in Council of the thirteenth day of December one
thousand eight hundred and eighty-nine(a) made under the Colonial
Prisoners' Removal Act 1884 shall continue in force until the
commencement of this Order. and shall thereupon be revoked without
prejudice to anything lawfully done thereunder.

9. This Order may be cited as The Colonial Prisoners Removal
Order in Council 1907.

A. W. FITZROY.

SCHEDULE
referredto in the foregoing Order in Council.
1.ORDER OF REMOVAL OF A PRISONER.
Colonial Prisoners Removal Act 1884.
Whereas A.B. was on the day of ~ convicted before
the Court of of the crime (or offence) of

and sentenced to penal servitude (or imprisonment, or, as the case may be)
for the term of years (or for life), and is now undergoing the
said sentence in the Colony (or Protectorate, or ) of

And whereas it is likely that the life (or health) of the said A.B. win be

endangered (or permanently injured) by further imprisonment in the said
Colony (or Protectorate, or ):

[Or whereas the said A.B. belonged at the time of committing the said
offence to the Royal Navy (or to His Majesty's regular military forces)]:

[Or whereas the said offence was committed wholly (or partly) beyond
the limits of the said Colony (or Protectorate, or )]:

[Or whereas by reason of there being no prison in the said Colony (or
Protectorate, or) in which the said A.B. can properly undergo his
sentence (or, for other reasons to be stated) the removal of the said A.B. is
expedient for his safe custody (or for more efficiently carrying his sentence
into effect)]:

[Or whereas the said A.B. belongs to a class of persons who under the
law of the said Colony (or Protectorate, or ) are subject to removal
under the Colonial Prisoners Removal Act 1884]:

Now 1 do hereby in pursuance of the Colonial Prisoners Removal Act
1884, with the concurrence of the Government of the said Colony (or
Protectorate, or [and the Government of the Colony (or
Protectorate, or of1, order that the said A.B. be
removed to the United Kingdom [or to the Colony (or Protectorate, or

(a) S.R. & 0. Rev. 1904, 11, 'Colonial Prisoner,' p. 16.





of 1 there to undergo the residue of his said sentence (with such
variations of the conditions thereof as are or shall be provided by any
regulations in force for the time being under the said Act) in accordance
with the said Act.

Given under the hand of the undersigned, one of His Majesty's Prin-
cipal Secretaries of State, this day of ' 19

11. NOTIFICATION OF CONCURRENCE IN ORDER OF
REMOVAL OF A
PRISONER.

Colonial Prisoners Removal Act 1884.

Whereas an Order has been made under the Colonial Prisoners Re-
moval Act 1884 by one of I-lis Majesty's Principal Secretaries of State for
the removal of A.B. a prisoner now in custody in the Colony (or Protec-
torate or ) of to the United Kingdom [or the Colony
(or Protectorate or of 1 :

Now I, the Governor (or Lieutenant Governor or the Officer Administering
the Government) of the Colony (or Protectorate or ) of ' ' with the advice of the
Executive Council of the said Colony (or Protectorate

or hereby concur in the said Order of Removal.

As witness my hand this day of 19

111. WARRANT FOR REMOVAL OF A
PRISONER(a).

Colonial Prisoners Removal Act 1884.

To C.D., the Keeper of the Prison and to E.F., and G.H.

Whereas an order has been made under the Colonial Prisoners Removal

Act 1884 by one of His Majesty's Principal Secretaries of State, with the
concurrence of the Government of the Colony (or Protectorate, or
of [and the Government of the Colony (or Protectorate, or
of 1 for the removal of A.B. a prisoner now in the custody of you,
the said C.D., under a sentence of penal servitude (or imprisonment or, as
the case may be) for the term of years from the

day of(or for life), to the United Kingdom [or to the Colony
(or Protectorate or ofthere to undergo the
residue of the said sentence:

Now I do hereby, in pursuance of the said Act, order you, the said
C.D., to deliver the body of the said A.B., into the custody of the said E.F.,
and G.H., or one. of them; and 1 do hereby, in further pursuance of the
said Act, authorize you, the said E.F., and G.H., or either of you, to receive
the said A.B., into your custody, and to convey him to the United Kingdom
[or to the Colony (or Protectorate or ), of ], and to deliver
him to such person or persons as shall be empowered by one of His
Majesty's Principal Secretaries of State [or by the Governor of the said
Colony (or Protectorate, or )] to receive him for the purpose of
giving effect to the said Order of Removal.

And for so doing this shall be your warrant.

Given under the hand of the undersigned, one of His Majesty's
Principal Secretaries of State (or Governor of this day
of 19







(a)Removal to Ireland: new form substituted see S.R. & 0. 1913 No. 484. Schedule, in this Appendix.





IV. WARRANT OF RECEPTION OF A
PRISONER(a)

Colonial Prisoners Removal Act 1884.

Whereas was on the day of

19 convicted in the Court of of the crime of

and sentenced to

And whereas in pursuance of the provisions of the Colonial Prisoners
Removal Act 1884 an Order has been made by One of His Majesty's
Principal Secretaries of State, with the concurrence of the Government of
the Colony (or Protectorate or ) of [and of the Govern-
ment of this Colony (or Protectorate or)] for the removal of the
said to the United Kingdom [or, to this Colony (or Protectorate
or there to undergo the residue of his sentence; and whereas
the Governor of the Colony (or Protectorate or ) of

by a warrant under his hand ordered the said to be conveyed to
the United Kingdom [or, this Colony (or Protectorate or )] and
delivered to such person or persons as shall be empowered by One of
His Majesty's Principal Secretaries of State [or the Governor of this Colony
(or Protectorate or)] to receive him for the purpose of giving
effect-to the said Order of Removal:

Now I, the Right Honourable one of His Majesty's Principal

Secretaries of State [or, the Governor of the Colony (or Protectorate or

) of ] hereby authorize and empower the Governor

of H.M. Prisonand all persons acting under his orders, to receive
and detain the saidfor the purpose of giving effect to the said
Order for Removal; and I further authorize and empower the Governor of
any other of H.M. Prisons to which the said may be removed
fromPrison and all persons acting under his orders to receive
and detain the saidfor the purpose of undergoing the residue of
his sentence in such Prison.

Given under the hand of the undersigned, one of His Majesty's
Principal Secretaries of State (or Governor of this day
of ' 19

V. ORDER FOR THE RETURN OF A PRISONER TO A BRITISH
POSSESSION.

Colonial Prisoners Removal-Act 1884.

Whereas A.B. was on the day of 19 con-
victed before the Court of of the crime (or

offence) ofand sentenced to penal servitude (or imprisonment,
or as' the case may be), for the term of years (or for life):

And whereas the said A.B. has been removed, under the Colonial Prisoners
Removal Act 1884 from the Colony (or Protectorate, or

of to and is now undergoing his said sentence in
the United Kingdom [or the Colony (or Protectorate, or

of

Now 1, [with the advice of the Executive Council of the said







Colony (or Protectorate, or ) of] hereby, in pursuance
of the said Act, order that the said A.B. shall be returned to the said
Colony (or Protectorate or ) of, there to undergo the
residue (or for the purpose of being there discharged at the expiration) of
his said sentence.

Given under the hand of the undersigned, one of His Majesty's Principal
Secretaries of State [or Governor (or Lieutenant Governor. or Officer
Administering the Government) of the Colony (or Protectorate, or

of 1 this day of ' 19

(a) Removal to Ireland: new form substituted see S.R. & 0. 1913 No. 484, Schedule. . in this Appendix.





VI. WARRANT FOR RETURN OF A PRISONER TO A BRITISH
POSSESSION.

Colonial Prisoners Removal Act 1884.

To C.D., the Governor (or of the Prison, and
to E.F. and G.H.

Whereas A.B., having been sentenced by-the Court of
to penal servitude (or imprisonment, or, as the case may be) for the term
of years from the day of ' 19 , (or for
life) has under an order duly made under the Colonial Prisoners Removal
Act, 1884, been removed to the United Kingdom [or to the Colony (or
Protectorate, or ) of 1 ] and is now in the custody of
you the said C.D. undergoing his said sentence:

And whereas an order has been made under the said Act by one of
His Majesty's Principal Secretaries of State [or by the Government of the
said Colony (or Protectorate or ) of] for the return
of the said A.B., to the said Colony (or Protectorate, or ) of
there to undergo the residue (or for the purpose of being there
discharged at the expiration) of his said sentence:

Now 1 do hereby, in pursuance of the said Act, order you, the said
C.D., to deliver the body of the said A.B. into the custody of the said E.F.
and G.H., or one of them; and 1 do thereby, in further pursuance of' the
said Act, authorize you the said E.F. and G.H., or either of you, to receive
the said A.B. into your custody, and to convey him to the Colony (or
Protectorate, or ) of , and to deliver him to such person
or persons as shall be empowered by the Governor of the said Colony (or
Protectorate, or ) to receive him for the purpose of giving effect
to the said order of return..

And for so doing this shall be your warrant.

Given under the hand of the undersigned, one of His Majesty's

Principal Secretaries of State (or Governor of this day

of 1 19

VII. ORDER OF REMOVAL OF A CRIMINAL
LUNATIC.
Colonial Prisoners Removal Act 1884.

Whereas A.B. is in custody in the Colony (or Protectorate, or
of as a criminal lunatic having been charged with the offence of
and found to have been insane at the time of such offence (or to

be unfit on the ground of insanity to be tried (or such offence) [or having
been convicted of the offence of and sentenced to penal servitude
(or imprisonment, or for the term of years from the
day of 18 (or for life), and afterwards certified
(or lawfully proved) to be insane]:

And whereas it is likely that the life (or health) of the said A.B. will be
endangered (or permanently injured) by further her detention in custody in the
said Colony (or Protectorate, or

[Or whereas the said A.B. belonged at the 'time of the said offence to the
Royal Navy (or to His Majesty's regular military forces)]:

[Or whereas the said offence was committed wholly (or partly) beyond
the limits of the said Colony (or Protectorate, or A:







[Or whereas by reason of their being no asylum in the said Colony
(or Protectorate, or), in which the said A.B. can be properly
or conveniently detained and dealt with as a criminal lunatic, his removal
to the United Kingdom (or to the Colony (or Protectorate, or

of ) is expedient]:





[Or whereas the said A.B. belongs to a class of persons who, under
the law of the said Colony (or Protectorate, or ) are subject to
removal under the Colonial Prisoners Removal Act 18841:

Now I do hereby, in pursuance of the Colonial Prisoners Removal Act
1884, with the concurrence of the Government of the said Colony (or
Protectorate, or [and the Government of the Colony (or
Protectorate, or of order that the said A.B.
be removed to the United Kingdom [or to the Colony (or Protectorate,
or ) of 1 there to be -detained in custody as a
criminal lunatic, and dealt with in the same manner as if he had there
become a criminal lunatic.

Given under the hand of the undersigned, one of His Majesty's Principal
Secretaries of State this . day of ' 19

VIII. NOTIFICATION OF CONCURRENCE IN ORDER OF REMOVAL
OF A
CRIMINAL LUNATIC.

Colonial Prisoners Removal Act 1884.

Whereas an order has been made under the Colonial Prisoners Removal
Act 1884 by one of His Majesty's Principal Secretaries of State for the
removal of A.B. a criminal lunatic now in custody in the Colony (or Pro-
tectorate, or . ) of to the United Kingdom [or the
Colony (or Protectorate, or of

Now 1, the Governor (or Lieutenant Governor, or Officer
Administering the Government) of the Colony (or Protectorate, or

ofwith the advice of the Executive Council of the said Colony
(or Protectorate, or hereby concur in the said Order of Removal.

As witness my hand this day of 19

IX. WA~ FOR REMOVAL OF CRIMINAL LUNATIC(a).

Colonial Prisoners Removal Act 1884.

To C.D. the keeper of Lunatic Asylum, and to E.F., and G.H.

Whereas an order has been made, under the Colonial Prisoners
Removal Act 1884 by one of I-lis Majesty's Principal Secretaries of State,
with the concurrence of the Government of the Colony (or Protectorate,
or ) of [and the Government of the Colony (or
Protectorate, or of ], for the removal of A.B. a
criminal lunatic now in the custody of you, the said C.D., to the United
Kingdom [or the Colony (or Protectorate, or ) of 1
to be there dealt with in the same manner as if he had become a criminal
lunatic in the United Kingdom [or the said Colony (or Protectorate,
or ) of

Now 1 do hereby. in pursuance of the said Act, order you, the said
C.D., to deliver the body of the said A.B., into the custody of the said
E.F., and G.H., or one of them; and 1 do hereby, in further pursuance of
the said Act, authorize you, the said E.F., and G.H., or either of you, to
receive the said A.B., into your custody, and to convey him to the United
Kingdom [or to the Colony (or Protectorate, or ) of 11

(a)Removal to Ireland: new form substituted see S.R. & 0. 1913 No. 484. Schedule,
In this Appendix.





and to deliver him to such person or persons as shall be empowered by
one of His Majesty's Principal Secretaries of State [or the Governor of the
said Colony (or Protectorate or ~) 1 to receive him for the
purpose of giving effect to the said Order of Removal.

Given under - the hand of the undersigned, one of His Majesty's Principal
Secretaries of State (or the Governor of

this day of 19

X. WA~ OF RECEPTION OF A CRIMINAL) LUNATIC(a).

Colonial Prisoners Removal Act 1884.

Whereas is in custody inas a criminal lunatic,

having been charged with the offence ofand found to be insane
at the time of such offence (or to be unfit on the ground of insanity to' be
tried for such offence) [or having been convicted of the offence of

and sentenced to and afterwards certified (or lawfully proved)
to be insane]:

And whereas in pursuance of the provisions of the Colonial Prisoners
Removal Act 1884 an order has been made by one of His Majesty's
Principal Secretaries of State, with the concurrence of the Government of
the Colony (or Protectorate, or ) of [and of the
Government of this Colony (or Protectorate, or' for the removal
of the said . to the United Kingdom, [or this Colony (or
Protectorate, or )l there to be detained as a criminal lunatic
until he shall have ceased to be a criminal lunatic, or shall otherwise law-
fully be discharged:

And whereas the Governor of the Colony (or Protectorate, or
of by a Warrant under his hand, ordered the said to be

conveyed to the United Kingdom [or to this Colony (or Protectorate,
or) ] and delivered to such person or persons as shall be empowered
by one of His Majesty's Principal Secretaries of' State [or the Governor of
this Colony (or Protectorate, or) ] to receive him for the purpose
of giving effect to the said Order of Removal:

Now I, the Right Honourable one of His Majesty's
Principal Secretaries of State, [or the Governor of the Colony .(or Pro-
tectorate, or ) of hereby authorize and empower the
Medical Superintendent of the Lunatic Asylum, and all persons
acting under his orders, to receive and detain the said in the same
manner as if he had become a criminal lunatic in the United Kingdom, [or
this Colony (or Protectorate, or until His Majesty's Pleasure
be further known concerning him.

Given under the hand of the undersigned, one of Its Majesty's Principal
Secretaries of State (or the Governor of

this day of 19.

Xl. ORDER FOR THE RETURN OF A CRIMINAL LUNATIC TO A
BRITISH 1 H
POSSESSION.

Colonial Prisoners Removal Act 1884.

Whereas A.B., having been in custody in the Colony (or Protectorate,
or ), of as a criminal lunatic, has been removed, under
the Colonial Prisoners Removal Act 1884 to, and is now in custody as a






criminal lunatic in, the United Kingdom [or the Colony (or Protectorate,
or of

(a)Removal to Ireland: new form substituted see S.R. & 0. 1913 No. 484,
Schedule, in this Appendix.





And whereas 1 [or the Government of the said Colony (or Protectorate,
or ) of] consider that the said A.B. has become
sufficiently sane to be tried for the offence with which he was charged in
the said Colony (or Protectorate, or of

Now 1 [with the advice of the Executive Council of the said Colony (or
Protectorate, or)] hereby, in pursuance of the said Act, order
that the said A.B. be returned to the said Colony (or Protectorate, or

) there to be dealt with in the same manner as if he had not been
removed therefrom.

Given under the hand of the undersigned, one of His Majesty's Principal
Secretaries of State [or the Governor (or Lieutenant Governor, or Officer
Administering the Government) of the Colony (or Protectorate,

or ) of 1 this day of ' 19

XII. WARRANT FOR RETURN OF A CRIMINAL LUNATIC TO A BRISTISH
POSSESSION.

Colonial Prisoners Removal Act 1884.

To C.D. the of the Lunatic Asylum, and to
E.F. and G.H.

Whereas A.B., having been in custody as a criminal lunatic in the
Colony (or Protectorate, or ) ofhas under an order duly
made under the Colonial Prisoners Removal Act 1884 been removed to the
United Kingdom [or to the Colony (or Protectorate, or ) of

1 and is now in the custody of you the said C.D., as a criminal
lunatic:

And whereas an order has been made under the said Act by one of
His Majesty's Principal Secretaries of State [or by the Government of the
said Colony (or Protectorate, or ) offor the
return of the said A.B. to the said Colony (or Protectorate, or

of

Now 1 do hereby, in pursuance of the said Act, order you the said
C.D., to deliver the body of the said A.B., into the custody of the said
E.F. and G.H. or one of them; and I do hereby, in further pursuance of
the said Act, authorize you the said E.F. and G.H. or either of you, to
receive the said A.B. into your custody, and to convey him to the Colony
(or Protectorate, or ) of and to deliver him to such
person or persons as shall be empowered by the Governor of the said
Colony (or Protectorate, or ) to receive him for the purpose
of giving effect to the said order of return.

And for so doing this shall be your warrant.

Given under the hand of the undersigned, one of His Majesty's Principal
Secretaries of State (or Governor of

this day of 19





ORDER IN COUNCIL REGULATION APPEALS FROM
THE SUPREME COURT OR COURT OF APPEAL
FOR HONG KONG TO HIS MAJESTY IN COUNCIL.

[This Order in Council is printed as amended by Order in
Council, dated November, 27, 1957 (S.I. 1957 No. 2059).]

At the Court at Buckingham Palace, the 10th day of August, 1909.

Present.

The King's Most Excellent Majesty.

Lord President. Lord Suffield.

Lord Chamberlain. Mr. Runciman.

Mr. Pease.

WHEREAS Her late Majesty Queen Victoria was pleased by Her
Instructions under the Royal Sign Manual and Signet dated the 21st day
of January, 1846,(a) and confirmed by Article XXVII of Her Majesty's
Instructions dated the 19th day of January, 1888, to make provision for
permitting and regulating Appeals to Her Majesty in Council from the
Supreme Court of the Colony of Hong Kong and its Dependencies:

AND WHEREAS it is expedient, with a view to equalizing as far as
may be the conditions under which His Majesty's subjects in the British
Dominions beyond the Seas shall have a fight of Appeal to His Majesty
in Council and to promoting uniformity in the practice and procedure in
all such Appeals that new provision should be made for Appeals from
the said Supreme Court to His Majesty in Council:

AND WHEREAS His Majesty has been pleased by His Instructions
under the Royal Sign Manual and Signet bearing even date with this
Order to revoke the said Instructions dated the 21st day of January
1846(a) so confirmed as aforesaid :

It is hereby ordered by the King's Most Excellent Majesty, by and
with the advice of His Privy Council, that the Rules hereunder set out
shall regulate all Appeals to His Majesty in Council from the said
Colony of Hong Kong and its Dependencies.

1. In these Rules, unless the context otherwise requires

'Appeal' means Appeal to His Majesty in Council;

'His Majesty' includes His Majesty's heirs and successors;

'Judgment' includes decree, order, sentence or decision;

'Court' means either the Full Court of the Supreme Court of
Hong Kong or other the highest Court of Appeal for the

(a) S.R. & 0. Rev. 1904, VI, 'Judicial Committee', p. 34.





time being established in the Colony of Hong Kong, or a single
Judge of such Supreme Court or Court of Appeal. according as the
matter in question is one which, under the Rules and Practice for
the time being in force in such Supreme Court or Court of Appeal,
properly appertains to the said Full Court or to a single Judge of
such Supreme Court or Court of Appeal;

'Record' means the aggregate of papers relating to an Appeal
(including the pleadings, proceedings, evidence and judgments)
proper to be laid before His Majesty in Council on the hearing of
the Appeal;

'Registrar' means the Registrar or other proper officer having the
custody of the Records in the Court appealed from;

'Month' means calendar month;

Words in the singular include the plural, and words in the plural
include the singular.

2. Subject to the provisions of these Rules, an Appeal shall lie

(a) as to right, from any final judgement of the Court, where
the matter in dispute on the Appeal amounts to or is of
the value of $5,000 or upwards, or where the Appeal involves,
directly or indirectly, some claim or question to or respecting property
or some civil right amounting to or of the value of $5,000 or upwards; and

(b)at the discretion of the Court, from any other judgment of the
Court, whether final or interlocutory, if, in the opinion of the
Court, the question involved in the Appeal is one which, by
reason of its great general or public importance, or otherwise.
ought to be submitted to His Majesty in Council for decision.

3. Applications to the Court for leave to appeal shall be made by
motion or petition within 14 days from the date of the judgment to be
appealed from, and the Applicant shall give the opposite party 7 days'
notice of his intended application and such notice maybe given at any
time during the said period of 14 days.

4. Leave to appeal under Rule 2 shall only be granted by the Court
in the first instance

(a) upon condition of the Appellant, within a period to be fixed by
the Court, but not exceeding three months from the date of the
hearing of the application for leave to appeal, entering into
good and sufficient security, to the satisfaction of the Court in
a sum not exceeding $15,000, for the due prosecution of the
Appeal, and

(a) Amended by S.I. 1957 No. 2059.





the payment of all such costs as may become payable to the
Respondent in the event of the Appellant's not obtaining an
order granting him final leave to appeal, or of the Appeal
being dismissed for non-prosecution, or of His Majesty in
Council ordering the Appellant to pay the Respondent's costs
of the Appeal (as the case may be);

(b)upon such other conditions (if any) as to the time or times
within which the Appellant shall take the necessary steps for
the purpose of procuring the preparation of the Record and
the dispatch thereof to England as the Court, having regard to
all the circumstances of the case, may think it reasonable to
impose.

5. Where the judgment appealed from requires the Appellant to pay
money or perform a duty. the Court shall have power, when granting
leave to appeal, either to direct that the said judgment shall be carried
into execution or that the execution thereof shall be suspended pending
the Appeal, as to the Court shall seem just.

In case the Court shall direct the said judgment to be carried into
execution, the person in whose favour it was given shall, before the
execution thereof, enter into good and sufficient security, to the
satisfaction of the Court, for the due performance of such Order as His
Majesty in Council shall think fit to make thereon, and in case the Court
shall direct that the execution of the said judgment shall be suspended
pending the Appeal the Appellant shall enter into security to the
satisfaction of the Court to the same and like effect as aforesaid.

6. The preparation of the Record shall be subject to the
supervision of the Court. and the parties may submit any disputed
question arising in connexion therewith to the decision of the Court,
and the Court shall give such directions thereon as the justice of the
case may require.

7. The Registrar, as well as the parties and their legal Agents, shall
endeavour to exclude from the Record all documents (more particularly
such as are merely formal) that are not relevant to the subject-matter of
the Appeal, and generally to reduce the bulk of the Record as far as
practicable, taking special care to avoid the duplication of documents
and the unnecessary repetition of headings and other merely formal
parts of documents; but the documents omitted to be copied or printed
shall be enumerated in a list to be placed after the index or at the end of
the Record.

8. Where in the course of the preparation of a Record one party
objects to the inclusion of a document on the ground that it is
unnecessary or irrelevant, and the other party nevertheless





insists upon its being included, the Record, as finally printed (whether in
Hong Kong or in England), shall, with a view to the subsequent
adjustment of the costs of and incidental to such document, indicate in
the index of papers, or otherwise, the fact that, and the party by whom,
the inclusion of the document was objected to.

9. The Record shall be printed in accordance with the Rules set
forth in the Schedule hereto. It may be so printed either in Hong Kong or
in England.

10. Where the Record is printed in Hong Kong the Registrar shall,
at the expense of the Appellant, transmit to the Registrar of the Privy
Council 40 copies of such Record. one of which copies he shall certify to
be correct by signing his name on, or initialling, every eighth page
thereof and by affixing thereto the seal, if any, of the Court.

11. Where the Record is to be printed in England, the Registrar
shall, at the expense of the Appellant, transmit to the Registrar of the
Privy Council one certified copy of such Record, together with an index
of all the papers and exhibits in the case. No other certified copies of the
Record shall be transmitted to the Agents in England by or on behalf of
the parties to the Appeal.

12. Where part of the Record is printed in Hong Kong and part is to
be printed in England, Rules 10 and 11 shall, as far as practicable, apply
to such parts as are printed in Hong Kong and such parts as are to be
printed in England respectively.

13. The reasons given by the Judge, or any of the Judges, for or
against any judgment pronounced in the course of the proceedings out
of which the Appeal arises shall by such Judge or Judges be
communicated in writing to the Registrar, and shall by him be
transmitted to the Registrar of the Privy Council at the same time when
the Record is transmitted.

14. Where there are two or more applications for leave to appeal
arising out of the same matter, and the Court is of opinion that it would
be for the convenience of the Lords of the Judicial Committee and all
parties concerned that the Appeals should be consolidated, the Court
may direct the Appeals to be consolidated and grant leave to appeal by
a single order.

15. An Appellant who has obtained an order granting him
conditional leave to appeal may at any time prior to the making of an
order granting him final leave to appeal withdraw his Appeal on such
terms as to costs and otherwise as the Court may direct.





16. Where an Appellant, having obtained an order granting him
conditional leave to appeal, and having complied with the conditions
imposed on him by such order, fails thereafter to apply with due
diligence to the Court for an order granting him final leave to appeal, the
Court may, on an application in that behalf made by the Respondent,
rescind the order granting conditional leave to appeal, notwithstanding
the Appellant's compliance with the conditions imposed by such order,
and may give such directions as to the costs of the Appeal and the
security entered into by the Appellant as the Court shall think fit, or
make such further or other order in the premises as, in the opinion of the
Court, the justice of the case requires.

17. On an application for final leave to appeal, the Court may
inquire whether notice, or sufficient notice, of the application has been
given by the Appellant to all parties concemed, and, if not satisfied as
to the notices given. may defer the granting of the final leave to appeal,
or may give such other directions in the matter as in the opinion of the
Court the justice of the case requires.

18. An Appellant who has obtained final leave to appeal shall
prosecute his Appeal in accordance with the Rules for the time being
regulating the general practice and procedure in Appeals to His
Majesty in Council.

19. Where an Appellant. having obtained final leave to appeal,
desires. prior to the dispatch of the Record to England, to withdraw his
Appeal. the Court may, upon an application in that behalf made by the
Appellant, grant him a certificate to the effect that the Appeal has been
withdrawn, and the Appeal shall thereupon be deemed, as from the date
of such certificate, to stand dismissed without express Order of His
Majesty in Council. and the costs of the Appeal and the security
entered into by the Appellant shall be dealt with in such manner as the
Court may think fit to direct.

20. Where an Appellant, having obtained final leave to appeal, fails
to show due diligence in taking all necessary steps for the purpose of
procuring the -dispatch of the Record to England, the Respondent may,
after giving the Appellant due notice of his intended application, apply
to the Court for a certificate that the Appeal has not been effectually
prosecuted by the Appellant, and if the Court sees fit to grant such a
certificate, the Appeal shall be deemed, as from the date of such
certificate, to stand dismissed for non-prosecution without express
Order of His Majesty in Council, and the costs of the Appeal and the
security entered into by the Appellant shall be dealt with in such
manner as the Court may think fit to direct.





21. Where at any time between the order granting final leave to
appeal and the dispatch of the Record to England the Record becomes
defective by reason of the death, or change of status, of a party to the
Appeal, the Court may, notwithstanding the order granting final leave to
appeal, on an application in that behalf made by any person interested,
grant a certificate showing who, in the opinion of the Court, is the
proper person to be substituted or entered on the Record in place of, or
in addition to, the party who has died or undergone a change of status,
and the name of such person shall thereupon be deemed to be so
substituted or entered on the Record as aforesaid without express Order
of His Majesty in Council.

22. Where the Record subsequently to its dispatch to England
becomes defective by reason of the death, or change of status. of a
party to the Appeal, the Court shall. upon an application in that behalf
made by any person interested, cause a certificate to be transmitted to
the Registrar of the Privy Council showing who, in the opinion of the
Court. is the proper person to be substituted, or entered. on the Record,
in place of, or in addition to, the party who has died or undergone a
change of status.

23. The Case of each party to the Appeal may be printed either in
Hong Kong or in England, and shall, in either event, be printed in
accordance with the Rules set forth in the Schedule hereto, every tenth
line thereof being numbered in the margin, and shall be signed by at
least one of the Counsel who attends at the hearing of the Appeal, or by
the party himself if he conducts his Appeal in person.

24. The Case shall consist of paragraphs numbered consecutively,
and shall state. as concisely as possible, the circumstances out of which
the Appeal arises, the contentions to be urged by the party lodging the
same, and the reasons of the Appeal. References by page and line to the
relevant portions of the Record as printed shall, as far as practicable, be
printed in the margin, and care shall be taken to avoid, as far as possible,
the reprinting in the Case of long extracts from the Record. The taxing
officer, in taxing the costs of the Appeal, shall, either of his own motion
or at the instance of the opposite party, inquire into any necessary
prolixity in the Case, and shall disallow the costs occasioned thereby.

25. Where the Judicial Committee directs a party to bear the costs
of an Appeal incurred in Hong Kong. such costs shall be taxed by the
proper officer of the Court in accordance with the Rules for the time
being regulating taxation in the Court.





26. The Court shall conform with, and execute, any Order which His
Majesty in Council may think fit to make on an Appeal from a judgment
of the Court in like manner as any original judgment of the Court should
or. might have been executed.

27. Nothing in these Rules contained shall be deemed to interfere
with the right of His Majesty, upon the humble Petition of any person
aggrieved by any judgment of the Court, to admit his Appeal therefrom
upon such conditions as His Majesty in Council shall think fit to
impose.

ALMERIC FITZROY

SCHEDULE.

1. Records and Cases in Appeals to His Majesty in Council shall be printed in
the form known as Demy Quarto (i.e. 54 ems in length. and 42 in width).

II. The size of the paper used shall be such that the sheet, when folded and
trimmed, will be 11 inches in height and 81 inches in width.

111. The type to be used in the text shall be Pica type, but Long Primer shall
be used in printing- accounts, tabular matter and notes.

IV. The number of lines in each page of Pica type shall be 47 or thereabouts,
and every tenth line shall be numbered in the margin.





ORDER IN COUNCIL APPLYING PART 11 OF THE
MEDICAL ACT 1886 TO HONG KONG

1913 No. 324

(Omitted as spent)

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





THE COLONIAL PRISONERS REMOVAL ORDER IN
COUNCIL 1913.

1913 No. 484.

At the Court at Buckingham Palace, the 11th day of April, 1913.

Present,

The King's Most Excellent Majesty.

Lord President. Lord Chamberlain.

Viscount Allendale Mr. J. A. Pease.

His Majesty, by virtue and in exercise of the powers in this behalf
vested in Him by the Colonial Prisoners Removal Act 1884 is pleased,
by and with the advice of His Privy Council, to make the following
Order as to the removal of prisoners and criminal lunatics to Ireland
under the said Act:

The Colonial Prisoners Removal Order in Council 1907(a) shall, if
the prisoner or criminal lunatic to be removed under the said Act is to
be detained in Ireland, be amended as follows, that is to say

1. A Secretary of State shall transmit one copy of the Order of
Removal and one copy of the Notification of Concurrence to the Lord
Lieutenant of Ireland for record in Dublin Castle, instead of-transmitting
them to the Home-Office.

2. For the forms numbered III., IV., IX., and X., in the Schedule to
the Order of the 9th day of September, 1907, there shall be substituted
the forms similarly numbered in the Schedule to this Order, or forms to
the like effect varied as circumstances may require.

3. This Order shall commence and come into operation on the first
day of May, 1913.

4. Nothing lawfully done as regards Ireland under the Colonial
Prisoners Removal Order in Council 1907 shall be prejudiced by this
Order.

5. This Order may be cited as The Colonial Prisoners Removal
Order in Council 1913.

ALMERIC FITZROY

(a) S.R. & 0. 1907 No. 742, in this Appendix.





SCHEDULE

referred to in the foregoing Order in Council.

III. WARRANT FOR REMOVAL OF A PRISONER TO
IRELAND.

Colonial Prisoners Removal Act 1884.

To C.D., the Keeper of the Prison, and to E.F. and G.H.

Whereas an order has been made under the Colonial Prisoners
Removal Act 1884 by one of His Majesty's Principal Secretaries of State,
with the concurrence of the Government of the Colony (or Protectorate,
or ) of for the removal of A.B., a prisoner now in
custody of you, the said C.D., under a sentence of penal servitude (or
imprisonment or, as the case may be) for the term of years
from the day of (or for life), to the United
Kingdom there to undergo the residue of the said sentence:

- Now I do hereby, in pursuance of the said Act, order you, the said C.D., to
deliver the body of the said A.B. into the custody of the said ES. and G.H., or
one of them; and I do hereby, in further pursuance of the said Act, authorize
you, the said E.F. and G.H., or either of you, to receive the said A.B. into your
custody, and to convey him to the United Kingdom, and to deliver him to such
person or persons as shall be empowered by the Lord Lieutenant of Ireland to
receive him for the purpose of giving effect to the said Order of Removal.

And for so doing this shall be your warrant.

Given under the hand of the undersigned, one of His Majesty's
Principal Secretaries of State (or Governor of this day

of ' 19

IV. WARRANT OF RECEPTION OF A PRISONER IN
IRELAND.

Colonial Prisoners Removal Act 1884.

By the Lord Lieutenant General and General Governor of Ireland.

Whereas was on the * he day of 19
convicted in the Court of of the crime of

and sentenced to

And whereas in pursuance of the provisions of the Colonial Prisoners
Removal Act 1884 an Order has been made by one of His Majesty's
Principal Secretaries of State, with the concurrence of the Government of
the Colony (or Protectorate, or ) of for
the
removal of the said to the United Kingdom, there to undergo
the residue of his sentence; and whereas the Governor of the Colony (or
Protectorate, or of by a warrant under his
hand ordered the said to be conveyed to the United Kingdom
and delivered to such person or persons as shall be empowered by the Lord
Lieutenant of Ireland to receive him for the purpose of giving effect to the
said Order of Removal:

Now we, , Lord Lieutenant General and General Governor

of Ireland, do hereby authorize and empower the Governor of His Majesty's
Prison, and all persons acting under his orders, to receive and
detain the saidfor the purpose of giving effect to the said






Order of Removal; and we do further authorize and empower the Governor
of any other of His Majesty's Prisons to which the said may
be removed fromPrison and all persons acting under his orders
to receive and detain the saidfor the purpose of undergoing
the residue of his sentence in such Prison.

Given at His Majesty's Castle of Dublin this day
of 19

By His Excellency's Command.





IX. WARRANT FOR REMOVAL OF CRIMINAL LUNATIC To
IRELAND.

Colonial Prisoners Removal Act 1884.

To C.D., the keeper of Lunatic Asylum, and to E.F.
and G.H.

Whereas an order has been made under the Colonial Prisoners
Removal Act 1884 by one of His Majesty's Principal Secretaries of State,
with the concurrence of the Government of the Colony (or Protectorate,
or ) of for the removal of A.B., a criminal lunatic now
in the custody of you, the said C.D., to the United Kingdom, to be there
dealt with in the same manner as if he had become a criminal lunatic in
the United Kingdom:

Now 1 do hereby, in pursuance of the said Act order you, the said C.D., to
deliver the body of the said A.B. into the custody of the said E.F. and G.H., or
one of them; and 1 do hereby, in further pursuance of the said Act, authorize
you, the said E.F. and G.H., or either of you, to receive the said A.B. into your
custody, and to convey him to the United Kingdom and to deliver him to such
person or persons as shall be empowered by the Lord Lieutenant of Ireland to
receive him for the purpose of giving effect to the said Order of Removal.

Given under the hand of the undersigned, one of His Majesty's
Principal Secretaries of State (or the Governor of this day

of ' 19

X. WARRANT OF RECEPTION OF A CRIMINAL LUNATIC IN
IRELAND.

Colonial Prisoners Removal Act 1884.

By the Lord Lieutenant General and General Governor of Ireland.

Whereas is in custody in as a criminal

lunatic, having been charged with the offence of and found
to be insane at the time of such offence (or to be unfit on the ground of
insanity to be tried for such offence) (or having been convicted of the
offence of and sentenced toand afterwards
certified (or lawfully proved) to be insane):

And whereas in pursuance of the provisions of the Colonial Prisoners
Removal Act 1884 an order has been made by one of His Majesty's
Principal Secretaries of State, with the concurrence of the Government of
the Colony (or Protectorate, or ) of for the
removal of the said to the United Kingdom, there to be
detained as a criminal lunatic until he shall have ceased to be a criminal
lunatic, or shall otherwise lawfully be discharged:

And whereas the Governor of the Colony (or Protectorate, or
of by a Warrant under his hand, ordered the said to

be conveyed to the United Kingdom and delivered to such person or
persons as shall be empowered by the Lord Lieutenant of Ireland to
receive him for the purpose of giving effect to the said Order of Removal:

Now we, Lord Lieutenant General and General Governor

of Ireland, do hereby authorize and empower the Governor of the Central
Asylum at Dundrum, and all persons acting under his orders, to receive
and detain the saidin the same manner as if he had become
a criminal lunatic in the United Kingdom, unitl His Majesty's Pleasure be






further known concerning him.

Given at His Majesty's Castle of Dublin this day
of 19

By His Excellency's Command.





THE SEAL FISHERIES (CROWN COLONIES AND
PROTECTORATES) ORDERS IN COUNCIL
1913 TO 1956.

1913 No. 488.

[This Order in Council (S.R. & 0. 1913, p. 174) is printed as
amended by Orders in Council, dated May 14, 1914 (S.R. & 0. 1914
(No. 774) 1, p. 579) and June 1st, 1956 (S.I. 1956 (No. 838) 11, p.
2220)].

At the Court at Buckingham Palace, the 11 th day of April. 1913.

Present,

The King's Most Excellent Majesty.

Lord President. Lord Chamberlain.
Viscount Allendale. Mr. J. A. Pease.

WHEREAS by Section 3 of the Seal Fisheries (North Pacific) Act
1912 all persons were prohibited from using any port within the United
Kingdom for purposes of pelagic sealing contrary to any Order in
Council made under the Seal Fisheries (North Pacific) Acts 1895 and
1912:

AND WHEREAS by Section 4 of the Seal Fisheries (North Pacific)
Act 1912 the importation of the skins of seals captured in contravention
of any such Order as last aforesaid was prohibited:

AND WHEREAS by Section 5(1) of the said Act it was enacted
that His Majesty might by Order in Council extend the provisions of the
two hereinbefore recited sections to any part of His Majesty's
Dominions outisde the United Kingdom, to any British Protectorate, and
to Cyprus, subject to such modifications and adaptations as might
appear to Him to be necessary:

AND WHEREAS by treaty, grant, usage, sufferance, or other
lawful means His Majesty the King has jurisdiction in and over Cyprus
and within the Dominions of His Highness the Sultan of Zanzibar:

AND WHEREAS it is desirable that the provisions of the sections
3 and 4 of the Seal Fisheries (North Pacific) Act 1912 should be
extended to the Colonies and Protectorates enumerated in the Schedule
to this Order and to Cyprus and to the dominions of the Sultan of
Zanzibar subject to the modifications and adaptations hereinafter
contained:

Now, THEREFORE, His Majesty, by virtue and in exercise of the
powers in this behalf by the Seal Fisheries (North Pacific) Act 1912, 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





1. This Order may be cited as the Seal Fisheries (Crown Colonies
and Protectorates) Orders in Council 1913 to 1956.(a)

2. The word 'Zanzibar' in this Order shall have the same meaning
as in the Zanzibar Order in Council 1906.

3. From and after the commencement of this Order Sections 3 and 4
of the Seal Fisheries (North Pacific) Act 1912 shall apply to the Colonies
and Protectorates enumerated in the Schedule to this Order and to
Cyprus and to Zanzibar (all of which Colonies and Protectorates and
Cyprus and Zanzibar are hereinafter referred to as Territories affected')
subject to the following modifications and adaptations, that is to say:

(i)For the words 'The United Kingdom' in Section 3(1) of the
said Act there shall be deemed to be substituted in the case of
each Territory affected the name of such Territory.

(ii)In Section 3(2) of the said Act for the words 'Secretary of
State' wherever such words occur in the case of all Territories
affected other than Zanzibar there shall be deemed to be
substituted the words 'Officer administering the
Government', and in the case of Zanzibar the words 'His
Majesty's Agent and Consul-General for Zanzibar,' and for
the words 'the Board of Trade or any officer of the Board' the
words 'any customs officer'.

(iii)In Section 4 of the said Act there shall be deemed to be
substituted for the words 'section 42 of the Customs
Consolidation Act 1876', a reference to the enactment in force
in the Territory affected whereby the importation of goods is
prohibited or restricted and such enactment shall apply
accordingly.

4. This Order shall be published in the Government Gazette of each
of the Territories affected other than Zanzibar and shall thereupon come
into operation in such Territory(b). In the case

(a) See S.I. 1956 (No. .838) 11, p. 2220.

(b)This Order as amended by the Order of 1914 was brought into
operation in the following territories as from the following dates -
Bahamas, April 27, 1914; Barbados, April 27, 1914; Bermuda,
July 5, 1913; British Guiana, August 2, 1913; British Honduras,
July 5, 1913; Ceylon, August 15, 1913; East Africa Protectorate,
July 15, 1913; Falkland Islands, September 1, 1913; Fiji, August 8,
1913; Gambia, July 5, 1913; Gibraltar, April 11, 1914; Gilbert and
Ellice Islands Protectorate, May 14, 1914; Gold Coast, August 9,
1913; Grenada, August 1, 1913; Hong Kong, July 11, 1913;
Jamaica, July 10, 1913; Leeward Islands, February 19, 1914;
Malta, June 27, 1913; Mauritius, July 26, 1913; St. Lucia, August
2, 1913; St. Vincent, July 24, 1913; Seychelles, May 9, 1914;
Sierra Leone, July 12, 1913; Solomon Islands Protectorate, May
14, 1914; Somaliland Protectorate, May 14, 1914; Southern
Nigeria (now Nigeria Colony), July 16, 1913; Straits Settlements,
September 11, 1914; Trinidad and Tobago, April 22, 1914;
Weihaiwei, June 28, 1913; Cyprus, April 24, 1914; and Zanzibar
May 26, 1913.





of Zanzibar, this Order shall be published at Zanzibar in such manner as
the Secretary of State shall direct by His Majesty's Agent and Consul-
General and shall thereupon come into operation.

ALMERIC FITZROY.

SCHEDULE.(a)

List of British Colonies, &c., to which Sections 3 and 4 of the Seal Fisheries
(North Pacific) Act 1912, applyBahamas. Barbados. Bermuda. British Guiana.
British Honduras. Ceylon. Dominica.(b) East Africa Protectorate. Falkland Islands.
Fiji. Gambia. Gibraltar. Gilbert and Ellice Islands Protectorate. Gold Coast. Grenada.
Hong Kong. Jamaica (including Turks and Cal-cos Islands and the Cayman Islands).
Leeward IslandsAntigua. Montserrat. Saint Christopher and Nevis. Virgin Islands.
Malta. Mauritius. Saint Helena. Saint Lucia. Saint Vincent. Seychelles. Sierra
Leone. Solomon Islands Protectorate. Somaliland Protectorate. Southern Nigeria.
Straits Settlements, including Labuan. Trinidad and Tobago. Weihaiwei.(c)

(a) Scheduie as substituted by S.R. & 0. 1914 No. 774. (b) Amended by 8.1. 1956
No. 838. (c) Revoked as to Weihaiwei see S.R. & 0. 1930 (No. 1144) P. 536.





ORDER IN COUNCIL APPLYING SECTION 1 OF THE OF
MARRIAGE OF BRITISH SUBJECTS (FACILITIES)
ACT 1915 TO HONG KONG.

1916 No. 555.

At the Court at Buckingham Palace. the 28th day of July, 1916.

Present,

The King's Most Excellent Majesty.

Lord President. Mr. Secretary Samuel.

Lord Steward. Sir Frederick Ponsonby.

WHEREAS by the First Section of the Marriage of British Subjects
(Facilities) Act 1915 it is (amongst other things) enacted as follows

'Where I-lis Majesty is satisfied that the law in force in any
part of His Majesty's Dominions outside the United Kingdom
makes due provision for the publication of banns or for the giving
of notice in respect of marriages between British subjects intended
to be solemnized or contracted in the United Kingdom, and for the
recognition of certificates for marriage issued by superintendent
registrars in England. and of certificates for marriage issued by
registrars, and certificates of proclamation of banns, in Scotland.
and of certificates for marriage issued by registrars in Ireland, as
sufficient notice in respect of marriages between British subjects
intended to be solemnized or contracted in that part of His
Majesty's Dominions, Ifis Majesty may by Order in Council declare
that this Section shall apply to that part of His Dominions, and in
such case

'(a)Where a marriage is intended to be solemnized or
contracted in the United Kingdom between a British
subject resident in England, Scotland, or Ireland, and a
British subject resident in that part of His Majesty's
Dominions, a certificate of notice of marriage issued in
accordance with such law shall in England have the same
effect as a certificate for marriage issued by a
superintendent registrar, and in Scotland and Ireland have
the same effect as a certificate for marriage issued by a
registrar in Scotland and Ireland respectively; and

'(b)Where a marriage is intended to be solemnized or
contracted in that part of His Majesty's Dominions
between a British subject resident in that part and a
British subject resident in England, Scotland, or





Ireland, a certificate for marriage may be issued in
England by a superintendent registrar, or in Scotland or
Ireland by a registrar, in the like manner as if the marriage
was to be solemnized or contracted under circumstances
requiring the issue of such a certificate, and as if both
such British subjects were resident in England, Scotland,
or Ireland, as the case may be

AND WHEREAS His Majesty is satisfied that due provision is
made in respect of all the matters referred to in the hereinbefore in force
in the parts of

recited Section of the said Act by the law

His Majesty's Dominions outside the United Kingdom hereinafter
mentioned:

Now, THEREFORE, His Majesty, by virtue and in exercise of the
powers by the above-recited Act in His Majesty vested, is pleased, by
and with the advice of His Privy Council, to order. and it is hereby
ordered, as follows

The First Section of the Marriage of British Subjects (Facilities) Act
1915 shall apply to the parts of His Majesty's Dominions
outside the United Kingdom hereunder mentioned

The Colony of Dominica,(a)

The Colony of the Gambia,

The Gold Coast Colony,

The Colony of Hong Kong,

The Colony of the Leeward Islands.

The Colony of Mauritius, '

The Island of Saint Vincent,

The Colony of the Straits Settlements,

The Colony of Trinidad and Tobago.

AND the Right Honourable Andrew Bonar Law, one of His
Majesty's Principal Secretaries of State, is to give the necessary
directions herein accordingly.

ALMERIC FITZROY

(a)The Dominica Order in Council, 1939 (S.R. & 0. 1939 No. 1896) added
the Colony of Dominica to this Order in Council.





1987 No. 2200

COPYRIGHT

THE COPYRIGHT (COMPUTER SOFTWARE) (EXTENSION
TO TERRITORIES) ORDER 1987

Made 18th December 1987
Laid before Parliament - 8th January 1988

Coming into force - - 1st February 1988

At the Court at Buckingham Palace, the 18th day of December 1987

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by and with the advice of Her Privy Council, and by virtue of the
authority conferred upon Her by section 31 of the Copyright Act 1956(a) and
of all other powers enabling Her in that behalf, is pleased to direct, and it is
hereby directed, as follows:

1. This Order may be cited as the Copyright (Computer Software)
(Extension to Territories) Order 1987 and shall come into force on 1st February
1988.

2. The Copyright (Computer Software) Amendment Act 1985(b), except
section 4(3) and (5) thereof, shall extend to the countries mentioned in Schedule
1 to this Order, subject to the modifications specified in Schedule 2 to this
Order.

G. 1. de DENEY,

Clerk of the Privy Council.

SCHEDULE1

COUNTRIES TO WHICH THE COPYRIGHT (COMPUTER
SOFTWARE)
AMENDMENT ACT 1985 EXTENDS

Bermuda
British Indian Ocean Territory
Falkland Islands
Gibraltar
Hong Kong
Montserrat
South Georgia and the South Sandwich Islands

(a) 1956 c. 74; Part V of the Copyright Act 1956 was applied by section 4(2) of the
Copyright (Computer Software) Amendment Act 1985 (c. 41).
(b) 1985 c. 41.





SCHEDULE 2

MODIFICATIONS TO THE COPYRIGHT (COMPUTER
SOFTWARE)
AMENDMENT ACT 1985, As EXTENDED TO THE COUNTRIES
MENTIONED IN SCHEDULE 1

1. The references in the Copyright (Computer Software) Amendment Act
1985 (in this Schedule referred to as 'the 1985 Act') to the Copyright Act 1956
shall be construed as references to the said Act of 1956, as modified in its
extension to the country concerned(a).

2. In section 3 of the 1985 Act, for the words 'sections 21 to 21 W' there
shall be substituted

(a)in British Indian Ocean Territory, in Falkland Islands and in South
Georgia and the South Sandwich Islands, the words 'section 21 ';

(b)in the other countries mentioned in Schedule 1 to this Order, the words
'sections 21 and 21A'.

(a)The Copyright Act 1956 was extended to Bermuda by S.I. 1962/1642, as
amended by S.I. 198511985; to British Indian Ocean Territory by S.I.
19841541; to Falkland Islands and to South Georgia and the South Sandwich
Islands by S.I. 1963/1037; to Gibraltar by S.I. 1960/847, as amended by S.I.
1985/1986; and to Montserrat by S.I. 1965/1858, as amended by S.I.
1985/1987.





ORDER IN COUNCIL EXTENDING PART II OF THE
ADMINISTRATION OF JUSTICE ACT 1920
TO HONG KONG

1922 No. 353

(Revoked by S.I. 1984 No. 129 U.K.)

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





1986 No. 2123

INSOLVENCY

COMPANIES

INDIVIDUALS, ENGLAND AND WALES



INDIVIDUALS, NORTHERN IRELAND

THE CO-OPERATION OF INSOLVENCY COURTS
(DESIGNATION OF RELEVANT COUNTRIES AND
TERRITORIES) ORDER 1986

Made 2nd December 1986

Coming into force 29th December 1986

The Secretary of State, in exercise of the powers conferred on him by
section 426(11) of the Insolvency Act 1986(a), hereby makes the
following Order:

1. This Order may be cited as the Co-operation of Insolvency
Courts (Designation of Relevant Countries and Territories) Order 1986
and shall come into force on 29th December 1986.

2. The countries and territories specified in the Schedule to this
Order are hereby designated relevant countries and territories for the
purposes of section 426 of the Insolvency Act 1986.

Michael HOWARD,

Parliamentary Under Secretary of State,
Department of Trade and Industry.

2nd December 1986.

SCHEDULE Article 2

RELEVANT COUNTRIES AND TERRITORIES

ANGUILLA
AUSTRALIA
THE BAHAMAS
BERMUDA
BOTSWANA

(a) 1986 c. 45.





CANADA
CAYMAN ISLANDS
FALKLANDISLANDS
GIBRALTAR
HONG KONG
REPUBLIC OF IRELAND
MONTSERRAT
NEW ZEALAND
ST. HELENA
TURKS AND CAICOS ISLANDS
TUVALU
VIRGIN ISLANDS





ORDER IN COUNCIL DIRECTING THAT THE
EXTRADITION ACTS SHALL APPLY IN THE CASES
OF AUSTRIA, BELGIUM, FRANCE, HUNGARY,
MONACO, NETHERLANDS, NORWAY, PORTUGAL,
SIAM, SPAIN, SWEDEN, TUNIS AND URUGUARY,
IN ACCORDANCE WITH EXISTING TREATIES,
AS SUPPLEMENTED BY CONVENTION OF
MAY 4, 1910, FOR THE SUPPRESSION OF
THE WHITE SLAVE TRAFFIC.

1923 No. 971.

At the Court at Buckingham Palace. the 30th day of July, 1923.

Present.

The King's Most Excellent Majesty.

Lord President. Secretary Sir Samuel
Lord Chamberlain. Major George

WHEREAS by the Extradition Acts 1870 to 1906 it was amongst other
things enacted that, where an arrangement has been made with any
foreign State with respect to the surrender to such State of any fugitive
criminals, I-lis Majesty may, by Order in Council, direct that the said
Acts shall apply in the case of such foreign State; and that I-lis Majesty
may, by the same or any subsequent Order, limit the operation of the
Order, and restrict the same to fugitive criminals who are in or suspected
of being in the part of His Majesty's dominions specified in the Order,
and render the operation thereof subject to such conditions, exceptions,
and qualifications as may be deemed expedient:

AND WHEREAS Treaty arrangements exist between His Majesty and
the Powers and States set forth in the accompanying schedule for the
mutual extradition of fugitive criminals which have been duly put in
force by Order in Council:

AND WHEREAS a Convention was concluded between His Majesty
and the other Powers and States enumerated therein among which are
those set forth in the accompanying schedule, on the 4th day of May,
1910, for the suppression of the White Slave Traffic which contains
Articles in the terms following

ARTICLE 1.

Doit etre puni quiconque, pour satisfaire les passions d'autrui, a
embauche, entraine, on detourne, meme avec son consentement, une
femme ou fille mineure, en vue de la debauche alors meme que les divers
actes qui sont les elements constitutifs de 1'infraction auraient ete
accomplis dans des pays differents





ARTICLE 2.

Doit etre aussi puni quiconque, pour satisfaire les passions d'autrui,
a par fraude on A I'aide de violences, menaces, abus d'autorite. on tout
autre moyen de contrainte, embauche, entraine, on detourne une femme
ou fille majeure, en vue de la ddbauche. alors meme que les divers actes
qui sont les elements constitutifs de 1'infraction auraient ete accomplis
dans des pays differents

ARTICLE 5.

Les infractions prevues par les articles 1 et 2 seront, a partir du jour
de I'entree en vigueur de la presente Convention reputees etre inscrites
de plein droit au, nombre des infractions donnant lieu A extradition
d'apres les Conventions deja existantes entre les Parties contractantes.

Dans les cas ou la stipulation qui precede ne pourrait recevoir effet
sans modifier la legislation existante, les Parties contractantes
s'engagent h prendre ou A proposer A leurs legislatures respectives les
mesures necessaries

ARTICLE 11.

Si un Etat contractant desire la mise en vigueur de la presente
Convention dans une ou plusieurs de ses colonies, possessions ou
circonscriptions consulaires judiciaires, il notifiera son intention h cet
effet par un acte qui sera depose dans les archives du Gouvemement de
la Republique francaise Celui-ci en enverra, par la voie diplomatique,
copie certifiee conforme h chacun des Etats contractants et les avisera
en meme temps de la date du depot.

Six mois apres la date du depot de lacte de notification, la
Convention entrera en vigueur dans les colonies, possessions on
circonscriptions consulaires judiciaires visees dans l'acte de notification.

AND WHEREAS His Majesty's Ratification of this Convention on.
behalf of the United Kingdom of Great Britain and Ireland was deposited
at Paris on the 8th day of August, 1912:





AND WHEREAS I-lis Majesty has acceded to the Convention
in respect of the following self-governing Dominions on the dates
respectively mentioned

Canada............... 25th August, 1913.

Union of South Africa..... 19th September, 1913.

New Zealand.......... 1st October, 1913.

Newfoundland .......... 1st October, 1913.

Australia (including Papua and

Norfolk Island) .......18th February, 1914.

in respect of India on the 27th March. 1922; in respect of the following
Colonies on the 4th November, 1921

Bahamas Hong Kong
Ceylon Jamaica
Cyprus Malta
Fiji Straits Settlements
Kenya Trinidad

Gibraltar

and in respect of the following Colonies on the 15th March, 1923-

Barbados St. Lucia

British Guiana St. Vincent

British Honduras Seychelles.

Grenada

Now. THEREFORE, His Majesty, by and with the advice of His
Privy Council, and in virtue of the authority committed to Him, by the
Extradition Acts 1870 to 1906, doth order, and it is hereby ordered, that
the said Acts shall apply in the case of the Powers and States in the
accompanying schedule in accordance with the Treaties therein
described as supplemented by the said Convention. This Order shall
come into operation in Great Britain and Northern Ireland, and in the
Irish Free State from and after the 13th day of August. 1923, in the
above-mentioned self-governing Dominions and Colonies in respect of
which I-lis Majesty has acceded to the Convention in accordance with
Article 11 thereof, and in India, or in British Possessions in respect of
which His Majesty may in future accede thereto, it shall in each case
come into operation on a date six months after the respective date of
such accession, or from and after the said 13th day of August,
whichever shall be the later date.

PROVIDED always that the operation of the said Acts shall be
and remain suspended within the Dominion of Canada so long as an Ad
of the Parliament of Canada, being Part I of Chapter 155 of the Revised
Statutes of Canada, 1906, and entitled---AnAct respecting the
Extradition of Fugitive Criminals', shall continue in force there, and no
longer.





AND PROVIDED that where one of the Powers and States set forth
in the accompanying schedule has not notified its intention that the said
Convention shall come into force in any of its Colonies, Possessions or
Consular Judicial Districts by a declaration to that effect deposited in the
archives of the Government of the French Republic, the operation of the
said Acts shall be and remain suspended in respect of any such
Colonies, Possessions or Judicial Districts until such declaration shall
have been so deposited, and no longer.

M. P. A. HANKEY.

SCHEDULE.

List of Powers and States above referred to parties to the International
Convention for the suppression of the White Slave Traffic, signed at Paris May
4th, 1910, between which and His Majesty's Government extradition treaties are in
force, as follows

Country. Nature of Instrument. Date.

Austria .......Treaty.. .. .... ' . !Derembr 3rd, 1873.
.........Declaration.. .. .. June 26th, 1901.

Belgium.............Treaty .. .... October 29th, 1901.
....Convention.. .. March 5th, 1907.
....Convention.. .. March 3rd, 1911.
France ........Convention (Article 9) March 7th, 1815.
....Treaty.. August 14th, 1876.
....Convention.. .. ' February 13th,
1896.
....Convention.. .. October 17th,
1908.
Hungary.............Treaty .. .. December 3rd, 1873.
....Declaration.. .. June 26th, 1901.

Monaco..............Treaty .. ........ December 17th, 1891.
Netherlands...........Treaty .. ........ September 26th, 1898.
Norway .............Treaty .. ........ June 26th, 1873.
....Agreement.. .. .. February 18th, 1907.
Portugal .............Treaty .. ........ October 17th, 1892.
....Protocol.. .. .. November 30th, 1892.
Siam ...............Treaty .. ........ March 4th, 1911.
Spain ..............Treaty .. ........ June 4th, 1878.
....Declaration.. .. .... February 19th, 1889.
Sweden..............Treaty .. ........ June 26th, 1873(a).

Supplementary AgreementJuly 2nd, 1907.
Tunis Agreement December 31st, 1889.

Agreement............July 29th, 1909. Uruguay.....
Treaty...............March 26th, 1884.

Protocol ............March 20th, 1891.

(a)Application to Sweden in respect of United Kingdom. Channel ~d. Isle of Man and Colonies. revoked by
5.1. 1951 No. 1384 (1951 1. P. 781).





THE MERCHANT SHIPPING PASSENGER STEAMERS (HONG
KONG) ORDER 1928.

1928 No. 250.

At the Court at Buckingham Palace. the 22nd day of March, 1928.

Present,

The King's Most Excellent Majesty in Council.

WHEREAS by Section 284 of the Merchant Shipping Act 1894 it
is provided that, where the legislature of any British Possession
provides for the survey of, and grant of certificates for, passenger
steamers, and the Board of Trade report to His Majesty the King that
they are satisfied that the certificates are to the like effect, and are
granted after a like survey, and in such manner as to be equally efficient
with the certificates granted for the same purpose in the United
Kingdom under that Act, His Majesty, by Order in Council, may

(1)declare that the certificates granted in the said British
Possession shall be of the same force as if granted under that
Act; and

(2).declare that all or any of the provisions of Part III of that Act
which relate to passenger steamers' certificates shall, either
without modification or with such modifications as to His
Majesty may seem necessary, apply to the certificates granted
in the said British Possession; and

(3)impose such conditions and make such regulations with
respect to the certificates, and to the use, delivery, and
cancellation thereof, as to His Majesty may seem fit, and
impose fines not exceeding fifty pounds for the breach of
those conditions and regulations.

AND WHEREAS it has been made to appear to His Majesty
that the Legislature of Hong Keng has provided for the survey of and
grant of certificates for passenger steamers:

AND WHEREAS the Board of Trade have reported to His
Majesty that they are satisfied that such certificates are, as regards
foreign-going passenger steamers, to the like effect, and are granted
after a like survey, and in such manner as to be equally efficient with the
certificates granted for the same purpose in the United Kingdom under
the said Act:

Now, THEREFORE, His Majesty, by virtue of the powers
vested in I-Em by the said Act, by and with the advice of His Privy
Council, is pleased to declare as follows

1. The certificates granted in Hong Kong under the said provision
made by the Legislature of Hong Kong for foreign







going passenger steamers shall be of the same force as if they had been
granted for the like purpose in the United Kingdom under the Merchant
Shipping Act 1894.

2. All the provisions of the third part of the said Act which relate to
passenger steamers' certificates shall, without modification, apply to the
certificates for foreign-going passenger steamers granted in Hong
Kong.

3. This Order may be cited as the Merchant Shipping Passenger
Steamers (Hong Kong) Order 1928.

M. P. A. HANKEY.






ORDER IN COUNCIL DIRECTING THAT THE
EXTRADITION ACTS SHALL APPLY IN THE CASES
OF CUBA, ITALY, LUXEMBURG, SWITZERLAND AND
YUGO-SLAVIA IN ACCORDANCE WITH EXISTING
TREATIES, AS SUPPLEMENTED BY CONVENTION
OF MAY 4, 1910, FOR THE SUPPRESSION
OF THE WHITE SLAVE TRAFFIC.

1931 No. 718.

[This Order in Council S. R. & 0. 1931, p. 469 is printed as
amended by the Dominica Order in Council, 1939 (S.R. & 0. 1939 No.
1896)].

At the Court at Buckingham Palace, the 11 th day of August, 193 1.

Present,

The King's Most Excellent Majesty.

Lord President. . Lord Russell of Killowen.

Viscount Lee of Farcham. Mr. Secretary Shaw.

WHEREAS by the Extradition Acts 1870 to 1906 it was amongst
other things enacted that, where an arrangement has been made with
any foreign State with respect to the surrender to such State of any
fugitive criminals, His Majesty may, by Order in Council, direct that the
said Acts shall apply in the case of such foreign State; and that His
Majesty may, by the same or any subsequent Order, limit the operation
of the Order. and restrict the same to fugitive criminals who are in or
suspected of being in the part of His Majesty's dominions specified in
the Order, and render the operation thereof subject to such conditions,
exceptions, and qualifications as may be deemed expedient:

AND WHEREAS Treaty arrangements exist between His Majesty
and foreign States set forth in the accompanying schedule for the
mutual extradition of fugitive criminals which have been duly put in
force by Order in Council:

AND WHEREAS there was concluded on the 4th day of May,
1910, between His Majesty and the foreign States enumerated therein
among which are those set forth in the accompanying schedule, a
Convention for the suppression of the White Slave Traffic which
contains Articles in the terms following

ARTICLE 1.

Doit etre puni quiconque, pour satisfaire les passions d'autrui, a
embauche, entraine, ou detourine meme avec: son consentement, une
femme ou fille mineure, en vue de la ddbauche, alors meme que les
divers actes qui sont les elements constitutifs de l'infraction auraient
ete accomplis dans des pays differents





ARTICLE 2.

Doit etre aussi puni quiconque, pour satisfaire les passions
d'autrui, a par fraude, ou A I'aide de violences, menaces, abus d'autorite,
ou tout autre moyen de contrainte, embauche, entraine, ou detourne une
femme ou fille majeure, en vue de la debauche alors meme que les divers
actes qui sont les elements constitutifs de 1'infraction auraient ete
accomplis dans des pays differents

ARTICLE 5.

Les infractions prevues par les articles 1 et 2 seront, h partir du jour
de I'entree en vigueur de la presente Convention, reputees &re inscrites
de plein droit au. nombre des infractions donnant lieu A extradition
d'apres les Conventions deja existantes entre les Parties contractantes.

Dans les cas oh la stipulation qui precede ne pourrait recevoir effet
sans modifier la legislation existante, les Parties constractantes
s'engagent ~ prendre ou a proposer h leurs legislatures respectives les
mesures necessaries

ARTICLE 11.

Si un Etat contractant desire la mise en vigueur de la presente
Convention dans une ou plusieurs de ses colonies, possessions ou
circonscriptions consulaires judiciaires, il notifiera son intention a cet
effet par un acte qui sera depose dans les archive's du Gouvernement de
la Republique francaise Celui-ci en enverra, par la voie diplomatique,
copie certifiee conforme h chacun des Etats contractants et les avisera
en meme temps de la date du depot.

Six mois apres la date du depot de l'acte de notification,
laConvention entrera en vigueur dans les colonies, possessions ou
=conscriptions consulaires judiciaires visees dans l'acte de notification.

AND WHEREAS His Majesty's ratification of or accession to the
Convention has been effected in respect of the following parts of His
Majesty's dominions on the following dates

Great Britain and Northern

Ireland ............8th August, 1912.

Commonwealth of Australia (in-
cluding Papua and Norfolk

Island) ............18th February, 1914.

New Zealand.......... 1st October, 1913.

Union of South Africa..... 19th September, 1913.

Newfoundland ...........1st October, 1913.





India ............... 27th March, 1922.
Southern Rhodesia........ 4th November, 1921.
Bahamas............4th November, 1921.
Barbados ............15th March, 1923.
British Guiana..........15th March, 1923.
British Honduras .......15th March, 1923.
Ceylon............... 4th November, 1921.
Cyprus............. 4th November, 1921.
Dominica ............8th March, 1924(a).
Falkland Islands.......... 30th April, 1924.
Fiji............... 4th November, 1921.
Gibraltar ............4th November, 1921.
Gold Coast............21st June, 1924.
Grenada ............15th March, 1923.
Guernsey ............21st September, 1923.
Hong Kong............4th November, 1921.
Jamaica ............4th November, 1921.
Jersey ............... 21st September, 1923.
Kenya............... 4th November, 1921.
Leeward Islands.......... 8th March, 1924.
Malta ............... 4th November. 1921.
Man, Isle of............21st September, 1923.
Mauritius ............8th March, 1924.
St. Lucia ............15th March, 1923.
St. Vincent............15th March, 1923.
Seychelles............15th March, 1923.
Sierra Leone .......... 27th September, 1927.
Straits Settlements........ 4th November, 1921.
Trinidad ............4th November, 1921.

Now, THEREFORE, His Majesty. by and with the advice of
His Privy Council, and in virtue of the authority committed to
Him by the Extradition Acts 1870 to 1906 doth order, and it is
hereby ordered, that the said Acts shall apply in respect of the
abovementioned parts of His Majesty's Dominions in the case of
the foreign States in the accompanying Schedule in accordance
with the Treaties therein described as supplemented by the said
Convention.

THIS Order shall come into operation on the 24th August,
1931.

(a)Dominica added by S.R. & 0. 1939 No. 1896. See S.R. & 0. and S.I.
Rev. 1948, Vol. XXIV, p. 231.





PROVIDED that where one of the foreign States set forth in the
accompanying Schedule has not notified its intention that the said
Convention shall come into force in any of its Colonies, Possessions or
Consular Judicial Districts by a declaration to that effect deposited in
the archives of the Government of the French Republic, the operation of
the said Acts shall be and remain suspended in respect of any such
Colonies. Possessions or Consular Judicial Districts until such
declaration shall have been so deposited, and no longer.

M. P. A. HANKEY.

SCHEDULE.

List of the foreign States above referred to parties to the International
Convention of the suppression of the White Slave Traffic, signed at Paris, 4th
May, 1910, between which and His Majesty's Government extradition treaties are
in force, as follows

Country. Nature of Instrument. Date.

Cuba.......Treaty............3rd October, 1904.

Italy Treaty ..5th February, 1873.
Declaration......... .. .. -7th May, 1873.
Luxemburg Treaty.. .. 24th November, 1880.

Switzerland .. Treaty 26th November, 1880.

Convention......... ....29th June, 1904.

Yugoslavia .....Treaty .. ...... 6th December, 1900.





1988 No. 791


OVERSEAS DEVELOPMENT AND CO-OPERATION

THE MULTILATERAL INVESTMENT GUARANTEE
AGENCY (OVERSEAS TERRITORIES) ORDER 1988

Made - - - - 27th April 1988

Coming into force - - 18th May 1988

At the Court of Saint James, the 27th day of April 1988

Present,

The Counsellors of State in Council

Whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953,
was pleased, by Letters Patent dated the 28th day of March 1988, to
delegate to the six Counsellors of State therein named or any two or
more of them full power and authority during the period of Her
Majesty's absence from the United Kingdom to summon and hold on
Her Majesty's behalf Her Privy Council and to signify thereat Her
Majesty's approval for anything for which Her Majesty's approval in
Council is required:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother
and His Royal Highness The Prince Charles, Prince of Wales, being
authorised thereto by the said Letters Patent, and in pursuance of the
powers conferred by section 9(4) of the Multilateral Investment
Guarantee Agency Act 1988(a) and all other powers enabling Her
Majesty, and by and with the advice of Her Majesty's Privy Council, do
on Her Majesty's behalf order, and it is hereby ordered, as follows:

1. This Order may be cited as the Multilateral Investment
Guarantee Agency (Overseas Territories) Order 1988 and shall come
into force on 18th May 1988.

2. The provisions of sections 3, 4, 5 and 6 of the Multilateral
Investment Guarantee Agency Act 1988, modified as in Schedule 1
hereto, shall extend to the Territories specified in Schedule 2 hereto.

3. For the purpose of construing the said Act as so extended as
part of the law of any Territory to which it extends

'the Agency' means the Multilateral Investment Guarantee
Agency;

'the Convention' means the Convention establishing the
Multilateral Investment Guarantee Agency, which was signed
on behalf of the United Kingdom on 9th April 1986;

(a) 1988 c. 8.





'the Governor' means the officer for the time being administering
the government of that Territory or any person whom the
Governor may by order designate to perform such of the
Governor's functions under the Act as may be specified in
such order;

'the Supreme Court means the court (by whatever name styled)
having unlimited original jurisdiction in that Territory in civil
matters;

'the Territory' means that Territory, including its territorial
waters.

G. 1. de DENEY,

Clerk of the Privy Council.

SCHEDULE1 Article 2

SECTIONS 3, 4, 5 AND 6 OF THE MULTILATERAL INVESTMENT
GUARANTEE AGENCY ACT 1988 AS MODIFIED

STATUS, PRIVILEGES AND IMMUNITIES OF THE AGENCY

3. (1) The Articles of the Convention specified in subsection (2) below shall
have the force of the law in the Territory.

(2) The Articles referred to in subsection (1) above are Articles 1(b), 44, 45,
46(a), 47, 48(i) and 50.

(3) Nothing in Article 47(a) shall be construed-

(a)as entitling the Agency to import goods free of duty or tax without
restriction on their subsequent sale in the country to which they were
imported;

(b)except as provided in subsection (4) below, as conferring on the Agency
any exemption from duties or taxes which form part of the price of goods
sold; or

(c)as conferring on the Agency any exemption from duties or taxes which
are no more than charges for services rendered.

(4) The Governor shall make arrangements for refunding to the Agency,
subject to compliance with such conditions as may be imposed in accordance with
the arrangements, car tax paid on new vehicles, and value added tax paid on the
supply of goods or services,. which are necessary for the exercise of the official
activities of the Agency.

(5) If in any proceedings any question arises whether a person is or is not
entitled to any privilege or immunity by virtue of this section, a certificate issued
by or under the authority ofthe Governor stating any fact relevant to that
question shall be conclusive evidence of that fact.

ARBITRATION PROCEEDINGS UNDER THE CONVENTION

4. (1) A party to a dispute which is the subject of an award rendered pursuant
to Article 4 of Annex 11 to the Convention shall be entitled to have the award
registered in the Supreme Court subject to proof of such matters as are prescribed
by rules of court and to the other provisions of this section.

(2) In addition to any sum payable under the award, the award shall be
registered for the reasonable costs of and incidental to registration.





(3) If at the date of the application for registration any sum payable under the
award has been partly paid, the award shall be registered only in respect of the
balance and accordingly if that sum has then been wholly paid the award shall not be
registered.
(4) An award registered under this section shall be of the same force and effect
for the purpose of execution as if it had been ajudgment of the Supreme Court given
when the award was rendered as mentioned in subsection (1) above and entered on
the date of registration under this section and-
(a) proceedings may be taken on the award;
(b) any sum for which the award is registered shall carry interest; and
(c)the Supreme Court shall have the same control over the execution of the
award,
as if the award had been such a judgment of the Supreme Court.
(5) This section shall bind the Crown but not so as to make an award
enforceable against the Crown in a manner in which a judgment would not be
enforceable against the Crown; and an award shall not be enforceable against any
State in a manner in which a judgment would not be enforceable against that State.
(6) In this section 'award' includes any decision interpreting an award; and for
the purposes of this section an award shall be deemed to have been rendered
pursuant to Article 4 of Annex 11 when a copy of it is transmitted to each party as
provided in paragraph (h) of that Article.

5. Any power to make rules under any enactment forming part of the law of
the Territory enabling rules of court to be made with respect to the practice and
procedure of the Supreme Court of the Territory in civil proceedings shall include the
power-
(a)to prescribe the procedure for applying for registration under section 4
above and to require an applicant to give prior notice of his intention to
other parties;
(b)to prescribe the matters to be proved on the application and the manner of
proof,
(c)to provide for the service of notice of registration of the award by the
applicant on other parties; and
(d)to make provision requiring the court on proof of such matters as may be
prescribed by the rules to stay execution of an award registered under
section 4 above in cases where enforcement of the award has been stayed
pursuant to Article 4 of Annex 11 to the Convention.

6. (1) The Governor may by order make provision, in relation to such
arbitration proceedings pursuant to Annex II to the Convention as are specified in
the order, for the attendance of witnesses, the hearing of evidence and the production
of documents.
(2) Except as provided by any order made under subsection (1) of this section,
no enactment relating to arbitration which forms part of the law of the Territory shall
apply to proceedings pursuant to the Convention, but this subsection shall not be
taken as affecting any provision of such an enactment relating to staying court
proceedings where there is submission to arbitration.

SCHEDULE2

Anguilla
Cayman Islands
Falkland Islands
Gibraltar
Hong Kong
Montserrat
Pitcairn, Henderson, Ducie and Oeno Islands





THE RECIPROCAL ENFORCEMENT OF JUDGMENTS
(CENTRAL APPLICATION TO HIS MAJESTY'S
DOMINIONS, ETC.) ORDER 1933.(a)

1933 No. 1073.

At the Court at Buckingham Palace, the
10th day of November, 1933.

Present,

The King's Most Excellent Majesty.

Lord President. Secretary Sir Phillip

Earl of Athlone. Cunliffe-Lister.

Secretary Sir John Simon. Sir Boyd Merriman.

WHEREAS by subsection 1 of section 7 of the Foreign
Judgments (Reciprocal Enforcement) Act 1933 it is provided that His
Majesty may by Order in Council direct that Part I of the said Act shall
apply to His Majesty's dominions outside the United Kingdom and to
judgments obtained in the courts of the said dominions as it applies to
foreign countries and to judgments obtained in the courts of foreign
countries and that, in the event of His Majesty so directing, the said
Act shall have effect accordingly and Part II of the Administration of
Justice Act 1920 shall cease to have effect except in relation to those
parts of the said dominions to which it extends at the date of the Order:

AND WHEREAS it is provided by subsection (3) of section 7
of the said Act that references in the said section to His Majesty's
dominions outside the United Kingdom shall be construed as including
references to any territories which are under His Majesty's protection
and to any territories in respect of which a mandate under the League of
Nations has been accepted by His Majesty:

Now, THEREFORE, His Majesty. by virtue and in exercise of
His powers under the said Act, is pleased by and with the advice of His
Privy Council to order, and it is hereby ordered, as follows

(1)Part I of the Foreign Judgments (Reciprocal Enforcement) Act
1933 shall apply to His Majesty's dominions outside the
United Kingdom and to judgments obtained in the courts of
the said dominions and to territories which are under His
Majesty's protection or in respect

(a) For the Reciprocal Enforcement of Judgments (British India and

British Burma) Order 1938 see S.R. & 0. 1938 (No. 1363) 1, p. 1601.





of which a mandate has been accepted by His Majesty and to
judgments obtained in the courts of the said territories.

(2)This Order may be cited as 'The Reciprocal Enforcement of
Judgments (General Application to His Majesty's Dominions,
etc.) Order 1933.'

M. P. A. HANKEY.





THE EXTRADITION (DENMARK) (WHITE SLAVE
TRAFFIC) ORDER IN COUNCIL 1934.

1934 No. 500.

[This Order in Council (S.R. & 0. 1934, 1, p. - 753) is printed as
amended by the Dominica Order in Council, 1939 (S.R. & 0. 1939 No.
1896)].

At the Court at Buckingham Palace, the 14th day of May, 1934.

Present,

The King's Most Excellent Majesty.

Lord President. Mr. Ormsby-Gore.

Secretary Sir Philip Sir Philip Sassoon.

Cunliffe-Lister. Sir Robert Clive.

WHEREAS by the Extradition Acts 1870 and 1906 it was amongst
other things enacted that, where an arrangement has been made with
any foreign State with respect to the surrender to such State of any
fugitive criminals, His Majesty may, by Order in Council, direct that the
said Acts shall apply in the case of such foreign State., and that His
Majesty may by the same or any subsequent Order, limit the operation
of the Order, and restrict the same to fugitive criminals who are in or
suspected of being in the part of His Majesty's dominions specified in
the Order, and render the operation thereof subject to such conditions,
exceptions, and qualifications as may be deemed expedient:

AND WHEREAS a Treaty was signed on the 31st March, 1873,
between Her late Majesty Queen Victoria and His late Majesty the King
of Denmark for the mutual extradition of fugitive criminals, in the case of
which Treaty the Extradition Act 1870 was applied by Order in Council
of the 26th day of June, 1873: (a)

AND WHEREAS there was signed on the 4th day of May, 1910.
between His Majesty and other Powers and States enumerated therein
one of whom was His Majesty the King of Denmark. a, Convention for
the suppression of the White Slave Traffic, which contains Articles in
the terms following

ARTICLE 1.

Doit etre puni quiconque, pour satisfaire les passions d'autrui, a
embauche entraine ou detourne meme avec son consentement, une
femme ou fille mineure, en vue de la debauche alors meme que les divers
actes qui sont les elements constitutifs de 1'infraction auraient ete
accomplis dans des pays diferents

(a) See p. 93 of S.R. & 0. and S.I. Rev. 1948, Vol. IX.





ARTICLE 2.

Doit etre aussi puni quiconque, pour satisfaire les passions
d'autrui, a par fraude ou h I'aide de violences, menaces, abus d'autorite
ou tout autre moyen de contrainte, embauche entraine ou detourne une
femme ou fille majeure, en vue de la ddbauche, alors meme que les divers
actes qui sont les elements constitutifs de 1'infraction auraient ete
accomplis dans des pays differents

ARTICLE 5.

Les infractions prevues par les articles 1 et 2 seront, ~ partir du
jour de l'entree en vigueur de la presente Convention, reputees etre
inscrites de plein droit au nombre des infractions donnant lieu h
extradition d'apres les Conventions deja existantes entre les Parties
contractantes.

Dans les cas oil la stipulation qui precede ne pourrait recevoir effet
sans modifier la legislation existante, les Parties contractantes
s'engagent 5 prendre ou h proposer 5 leurs legislatures respectives les
mesures necessaires

ARTICLE 11.

Si un Etat contractant desire la mise en vigueur de la presente
Convention dans une ou plusieurs de ses colonies, possessions ou
circonscriptions consulaires judiciaires, il notifiera son intention A cet
effet par un acte qui sera depose dans les archive's du Gouvernement de
la Republique francaise Celui-ci en enverra, par la voie diplomatique
copie certifiee conforme h chacun des Etats contractants et les avisera
en meme temps de la date du depot

Six mois apres la date du depot de I'acte de notification, la
Convention entrera en vigueur dans les colonies, possessions ou
circonscriptions consulaires judiciaires visees dans I'acte de
notification.

AND WHEREAS His Majesty has ratified the said Convention or
acceded thereto in respect of, and the said Convention thereby extends
to the following parts of I-lis Majesty's dominions





Great Britain and Northern Gibraltar
. Ireland Gilbert and Ellice Islands

Commonwealth of Australia Gold Coast
(including Papua and Grenada
Norfolk Island) Guernsey
New Zealand Hong Kong
Union of South Africa Jamaica
Newfoundland Jersey
India Kenya
Southern Rhodesia Leeward Islands
Bahamas Malta
Barbados Man, Isle of
British Guiana Mauritius
British Honduras St. Lucia
Ceylon St. Vincent
Cyprus Seychelles
Dominica(a) Sierra Leone
Falkland Islands Straits Settlements
Fiji Trinidad
Gambia

AND WHEREAS His Majesty has been advised by His
Ministers in the Commonwealth of Australia, New Zealand and the
Union of South Africa to take the necessary steps to cause the said
recited Acts to be applied in the case of Denmark in respect of the afore-
mentioned Dominions in accordance with the said Treaty as
supplemented by the said Convention:

Now, THEREFORE, His Majesty, by and with the advice of
His Privy Council, and in virtue of the authority committed to Him, by
the Extradition Acts 1870 to 1906, doth order, and it is hereby ordered,
that the said Acts shall apply in respect of the above-mentioned parts
of His Majesty's dominions in the case of Denmark in accordance with
the said Treaty as supplemented by the said Convention.

THis Order shall come into operation on the 28th day of May, 1934,
and may be cited as the 'Extradition (Denmark) (White Slave Traffic)
Order in Council 1934.

PROVIDED that where His Majesty the King of Denmark has
not notified his intention that the said Convention shall come into force
in any of his Colonies, Possessions or Consular Judicial Districts by a
declaration to that effect deposited in the archives of the Government of
the French Republic, the operation of the said Acts shall be and remain
suspended in respect of any such Colonies, Possessions or Consular
Judicial Districts until such declaration shall have been so deposited
and no longer.

M. P. A. HANKEY.

(a)Dominica added by S.R. & 0. 1939 No. 1896, S.R. & 0. and S.I. Rev.
1948, Vol. XXIV, p. 231.

1





1989 No. 153

HONG KONG

THE HONG KONG (LEGISLATIVE POWERS)
ORDER 1989

Made 7th February 1989

Laid before Parliament 15th February 1989

Coming into force 27th March 1989

At the Court at Buckingham Palace, the 7th day of February 1989

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by paragraph 3 of the
Schedule to the Hong Kong Act 1985(a) and all other powers enabling Her in that
behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows

1. Citation and commencement

(1) This Order may be cited as the Hong Kong (Legislative Powers) Order 1989.

(2) This Order shall come into force on 27th March 1989.

2. Additional powers of the legislative of Hong Kong

In addition to any other power conferred on the legislature of Hong Kong, the
Governor of Hong Kong, by and with the advice and consent of the Legislative
Council of Hong Kong, may, to the extent required in order to give effect to an
international agreement which applies to Hong Kong, and for connected purposes

(a)repeal or amend any enactment so far as it is part of the law of Hong
Kong; and

(b) make laws having extra-territorial operation.

G. 1. de DENEY,
Clerk of the Privy Council.

(a)1985 c. 15.





1989 No. 157

COPYRIGHT
THE COPYRIGHT (INTERNATIONAL CONVENTIONS)
(AMENDMENT) ORDER 1989

Made 7th February 1989
Laid before Parliament 15th February 1989
Coming into force8th March 1989

At the Court at Buckingham Palace, the 7th day of February 1989
Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue of the authority conferred upon Her by sections 31, 32 and
47 of the Copyright Act 1956(a), is pleased, by and with the advice of Her Privy
Council, to order, and it is hereby ordered, as follows

1. This Order may be cited as the Copyright (International Conventions)
(Amendment) Order 1989 and shall come into force on 8th March 1989.

2. The Copyright (International Conventions) Order 1979(b) shall be amended
as follows

(a)in Schedule 1 (which names the countries of the Berne Copyright
Union) there shall be included a reference to each of Liberia and the
United States of America (including Guam, Panama Canal Zone,
Puerto Rico and the Virgin Islands of the United States of America),
indicated in each case with an asterisk to denote that each is also
party to the Universal Copyright Conventions; and

(b)in Schedule 2 (which names the countries party to the Universal
Copyright Convention but not members of the Berne Union) the
references to Liberia and the United States of America (and Guam
Panama Canal Zone, Puerto Rico and the Virgin Islands of the United
States of America), and the date indicated in relation to each country,
shall be omitted.

(a) 1956 c. 74. (b) S.I. 1979/1715, to which there are

amendments not relevant to this Order.





3. Where any person has before the commencement of this Order incurred any
expenditure or liability in connection with the reproduction or performance of any
work or other subject matter in a manner which at the time was lawful, or for the
purpose of or with a view to the reproduction or performance of a work at a time
when such reproduction or performance would, but for the making of this Order,
have been lawful, nothing in this Order shall diminish or prejudice any right or
interest arising from or in connection with such action which is subsisting and
valuable immediately before the commencement of this Order unless the person who
by virtue of this Order becomes entitled to restrain such reproduction or
performance agrees to pay such compensation as, failing agreement, may be
determined by arbitration.

4. This Order shall extend to the countries mentioned in the Schedule hereto.

G. 1. de DENEY,
Clerk of the Privy Council.

SCHEDULE

COUNTRIES TO WHICH THIS ORDER EXTENDS

Bermuda
British Indian Ocean Territory
British Virgin Islands
Cayman Islands
Falkland Islands
Gibraltar
Hong Kong
Isle of Man
Montserrat
St Helena
St Helena Dependencies (Ascension, Tristan da Cunha)
South Georgia and the South Sandwich Islands





THE HONG KONG DIVORCE JURISDICTION
ORDER IN COUNCIL 1935.

1935 No. 836.

At the Court at Buckingham Palace, the 13th day of August, 1935.

Present,

The King's Most Excellent Majesty.

Lord Chancellor. Lord Marshall of Chipstead.

Lord Southborough. Sir Philip Sassoon.

WHEREAS by section 2 of the Indian and Colonial Divorce
Jurisdiction Act 1926 it is enacted that His Majesty may, by Order in
Council, provide for applying the provisions. of section 1 of the said
Act. subject to the necessary modifications, to any part of His
Majesty's dominions other than a self-governing dominion (as therein
defined) in like manner as they apply to India. and, in particular, such
Order in Council may determine. the Court by which the jurisdiction
conferred by those provisions is to be exercised:

AND WHEREAS the Colony of Hong Kong is a part of His
Majesty's dominions other than a self-governing dominion as aforesaid:

AND WHEREAS it is expedient to provide for applying the
aforesaid provisions of the said Act to the Colony of Hong Kong:

Now, THEREFORE, His Majesty, by virtue and in the exercise of
the powers in this behalf by the Indian and Colonial Divorce
Jurisdiction Act 1926, 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:

1. This Order in Council may be cited as the Hong Kong Divorce
Jurisdiction Order in Council 1935.

2. On and after the first day of January, 1936. the provisions of the
first section of the Indian and Colonial Divorce Jurisdiction Act 1926
shall apply to the Colony of Hong Kong in like manner as they apply to
India.

3. In the application of the said provisions to the said Colony

(a)the Court which is to exercise the jurisdiction thereby
conferred shall be the Supreme Court of Hong Kong, and
references in the said first section to a High Court in India
shall be read as references to such Supreme Court;





(b) references in the said first section to India shall be read
as references to the Colony of Hong Kong; and

(c) the reference to the Secretary of State in Council of
India in the said section shall be read as referring to the State for
the Colonies.





E. C. E. LEADBITTER.





1986 No. 1298

HONG KONG

THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986

Made 25th July 1986
Laid before Parliament - 4th August 1986
Coming into Operation - 26th August 1986
At the Court at Buckingham Palace, the 25th day of July 1986

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by paragraph 3 of
the Schedule to the Hong Kong Act 1985(a) and all other powers enabling Her
in that behalf, is pleased, by and with the advice of Her Privy Council, to order,
and it is hereby ordered, as follows:

1. (1) This Order may be cited as the Hong Kong (Legislative Powers)
Order 1986.

(2) This Order shall come into operation on 26th August 1986.

2. The Governor of Hong Kong, by and with the advice and consent of
the Legislative Council of Hong Kong, may, in addition to any other power
conferred on the legislature of Hong Kong

(a)repeal or amend any enactment so far as it is part of the law of Hong
Kong;

(b) make laws having extra-territorial operation, being an enactment or
laws relating to(i) civil aviation,

(ii) merchant shipping,

(iii) admiralty jurisdiction.

G. 1. de DENEY,
Clerk of the Privy Council.

(a) 1985 c. 15.





1982 No. 710

MERCHANT SHIPPING
THE MERCHANT SHIPPING (TONNAGE) (HONG KONG) ORDER 1982

Made - - - - - - .18th May 1982

Laid before Parliament - - - 27th May 1982

Coming into Operation - - - 18th July 1982

At the Court at Buckingham Palace, the 18th day of May 1982

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 94(ii) of
the Merchant Shipping Act 1970(a) is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows:

1. This Order may be cited as the Merchant Shipping (Tonnage) (Hong
Kong) Order 1982 and shall come into operation on 18th July 1982.

2. The provisions of section 91 of the Merchant Shipping Act 1970 shall
extend to Hong Kong, with the exceptions, adaptations and modifications
specified in the Schedule hereto as part of the law thereof and the reference in
that section to the Merchant Shipping Act 1965(b) shall be to that Act as
extended to Hong Kong by the Merchant Shipping (Tonnage) (Hong Kong)
Order 1967(c).

N. E. LEIGH,
Clerk of the Privy Council.

SCHEDULE Article 2

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE
EXTENSION OF
SECTION 91 OF THE MERCHANT SHIPPING ACT 1970 To HONG
KONG

1 . In section 1(6) of the Merchant Shipping Act 1965, as substituted by
section 91:-

(a)for any reference to the Board of Trade there shall be substituted a
reference to the Governor;

(b)for the reference to the United Kingdom there shall be substituted a
reference to Hong Kong.

2. In section 1(6A) of the Merchant Shipping Act 1965, as substituted by
section 91, for the reference to a fine not exceeding
substituted a reference to a fine not exceeding 5,000 Hong Kong dollars.

(a) 1970 c. 36. (c) S.I. 1967/1764.
(b) 1965 c. 47.





THE MERCHANT SHIPPING (HONG KONG)
ORDER 1936.

1936 No. 194.

[This Order in Council (S.R. & 0. 1936, 1, p. 1809) is printed as
amended by Order in Council, dated December 18, 1936 (S.R. & 0.
1936 (No. 1381) 1, p. 1811)]

At the Court at Buckingham Palace, the 3rd day of March, 1936.

Present,

The King's Most Excellent Majesty.

Lord President.Mr. Chancellor of the
Marquess of Zetland.Duchy of Lancaster.
Master of the Horse.

WHEREAS by Section 6 of the Merchant Shipping (International
Labour Conventions) Act 1925 (hereinafter referred to as 'the Act') it is
enacted among other things that His Majesty may by Order in Council
direct that the provisions of the Act shall, subject to such modifications
and adaptations, to be specified in the Order, as appear to His Majesty
necessary or expedient in the circumstances of the case, apply to ships
registered in any British possession outside the United Kingdom, other
than the Dominions mentioned in the Second Schedule to the Act, as
they apply to ships registered in the United Kingdom:

AND WHEREAS it is expedient that the provisions of the Act
should, subject to the modifications and adaptations specified in this
Order, apply to ships registered in Hong Kong (hereinafter referred to
as the Colony) in like manner as they apply to ships registered in the
United Kingdom:

Now, THEREFORE, His Majesty, by and with the advice of His Privy
Council, is pleased to direct, and it is hereby directed, as follows

1. The provisions of the Act shall apply to ~h ships registered in
the Colony in like manner as they apply to ships registered in the
United Kingdom subject to the following modifications and
adaptations, that is to say

(1)for the expressions 'the Board of Trade' and 'officers of the
Board of Trade' there shall be respectively substituted the
expressions ---theGovernor' and 'officers authorized for such
purpose by the Governor'.,





(2)in subsection (3) of Section 1 of the Act the words from 'but
in the case of a ship' to the end of the subsection shall be
omitted;

(3)the first paragraph of Section 5 of the Act shall be amended
by the, insertion of the words % in the, opinion of the court
having cognizance of any case in relation to such person,'
after the words 'who is';

(4)the second paragraph of Section 5 of the Act shall be omitted
and the following paragraph shall be substituted therefor--

'The expression 'ship' means any sea-going ship or
boat of any description which is registered in Hong Kong
2c - British ship but does not include

(a)any tug. dredger, sludge vessel. barge or other craft
whose ordinary course of navigation does not
extend beyond the waters of the Colony if and so
long as such vessel is engaged in her ordinary
occupation;

(b) [Deleted by S.R. & 0. 1936 No. 1381.]

(c) any fishing boat.';

(5)the provisions of Section 1 of the Act shall apply to any River
Steamer as defined by Section 2(1) of the Merchant Shipping
Ordinance 1899 of the Legislature of the Colony, but the
provisions of Sections 2. 3 and 4 of the Act shall not apply to
any such steamer.(a)

2. This Order may be cited as the Merchant Shipping (Hong Kong)
Order 1936.

M. P. A. HANKEY.

(a) Para. (5) added by S.R. & 0. 1936 No. 1381.







THE WHALING INDUSTRY (REGULATION) ACT
(NEWFOUNDLAND, COLONIES, PROTECTORATES MANDATED
TERRITORIES) ORDER 1936.

1936 No. 716.

At the Court at Buckingham Palace, the 3rd day of July. 1936.

Present,

The King's Most Excellent Majesty in Council.

WHEREAS by Section 13 of the Whaling Industry (Regulation)
Act 1934(a) (hereinafter referred to as 'the Act it is enacted that His
Majesty may by Order in Council direct that the provisions of the Act
shall extend, with such exceptions, adaptations or modifications, if any,
as may be specified in the Order, to the Isle of Man, any of the Channel
Islands, Newfoundland or to any Colony:

AND WHEREAS by Section 13 of the Act it is further enacted that
the Foreign Jurisdiction Act 1890 shall have effect as if the provisions
of the Act were included among the enactments which. by virtue of
Section 5 of the said Foreign Jurisdiction Act, may be extended by
Order in Council to foreign countries in which for the time being His
Majesty has jurisdiction:

AND WHEREAS by Section 11 of the Act it is enacted that His
Majesty may by Order in Council direct that any provision of the Act
which is expressed to apply only to British ships shall, subject to such
exceptions, adaptations or modifications (if any) as may be specified in
the Order, apply also to other ships. being ships registered in or
licensed under the law of any Colony or British Protectorate, or any
territory in respect of which a mandate on behalf of the League of
Nations has been accepted by His Majesty and is being exercised by
His Majesty's Government in the United Kingdom:

AND WHEREAS by Section 12 of the Act it is enacted that His
Majesty may by Order in Council direct that subject to such conditions,
if any, as may be specified in the Order, any of the provisions contained
in Sections 1 to 11 of the Act which restricts the taking or killing of
whales or the use of ships shall not apply in relation to anything done
within the coastal waters of

(a)a country or part of His Majesty's dominions to which the
Act may be extended by virtue of Section 13 thereof, or

(b) a British protected state,

(a) See now S.R. & 0. 1941 No. 790. in this Appendix.





if there is. in force, as respects those coastal waters, a provision of the
local law which appears to His Majesty substantially to correspond with
the aforesaid provision of the Act:

AND WHEREAS it is expedient that the provisions of the Act
should extend to Newfoundland and the territories mentioned in the
First Schedule to this Order, subject to the exceptions. adaptations and
modifications specified in this Order:

-AND WHEREAS it is expedient that the provisions of the Act
which are expressed to apply only to British ships should apply to other
ships registered in or licensed under the law of any territory mentioned
in the First Schedule to this Order:

AND WHEREAS it appears to His Majesty that in respect of the
coastal waters of the territories mentioned in the Second Schedule to
this Order there are provisions of the local law substantially
corresponding with the provisions of Sections 3 and 4 of the Act:

AND WHEREAS it is expedient that the said^ Sections of the Act
should not apply in relation to anything done within the coastal waters
of the territories mentioned in the. said Second Schedule:

Now, THEREFORE, His Majesty, by and with the advice of His
Privy Council, is pleased to direct, and it is hereby directed, as follows

1. The provisions of the Act(a) (except Sections 9(2) and 15, and
except in so far as the Act requires, authorizes, prohibits, or restricts the
doing of anything in the United Kingdom or in the coastal waters
thereof) shall extend to Newfoundland and the territories mentioned in
the First Schedule to this Order. subject to the following adaptations
and modifications, that is to say

(a)For the words 'Summary Jurisdiction Acts' in Section 10(2)
of the Act there shall be substituted the words 'law relating
to summary jurisdiction';

(b)In the proviso to Section 10(2) for the words 'those Acts'
there shall be substituted the words 'that law'; and for the
words 'United Kingdom' there shall be substituted
'Newfoundland' or the name of the territory as the case may
be:

(C)The provisions ions of the Act shall not apply to aborigines
dwelling on the coasts of any of the territories mentioned in
the First Schedule to this Order provided that

(1)they only use canoes, pirogues or other exclusively
native craft propelled by oars or sails;

(a) See now S.R. & 0. 1941 No. 790, in this Appendix.





(2) they do not carry firearms;

(3)they are not in the employment of persons other than
aborigines;

(4)they are not under contract to deliver the products of
their whaling to any third person.

2. The provisions of the Act(a) which are expressed to apply only
to British ships shall apply to other ships registered in or licensed under
the law of any territory mentioned in the First Schedule to this Order.

3. Sections 3 and 4 of the Act shall not apply in relation to
anything done within the coastal waters of any territory mentioned in
the Second Schedule to this Order.

4. This Order may be cited as the Whaling Industry (Regulation)
Act (Newfoundland. Colonies. Protectorates and Mandated Territories)
Order 1936.

M. P. A. HANKEY.

FIRST SCHEDULE.

Aden-(b) Bahamas. Barbados. Bermuda. British Guiana. British Honduras.
Ceylon. Cyprus. Falkland Islands and Dependencies. Fiji. Gambia (Colony and
Protectorate). Gibraltar. Gold Coast Colony. Hong Kong. Jamaica (including
Turks and Caicos Islands and the Cayman Islands). Kenya (Colony and
Protectorate).

(a) See now S.R. & 0. 1941 No. 790, in this Appendix. (b) Aden
added to Schedule by S.R. & 0. 1938 No. 1603.





Leeward Islands --- (e)
Antigua.
Montserrat.
St. Christopher and Nevis.
Virgin Islands.
Malta.
Mauritius.
Nigeria-
(a) Colony.
(b) Protectorate.
(c) Cameroons under British Mandate.
Palestine (excluding Trans-Jordan).
St. Helena and Ascension.
Seychelles.
Sierra Leone (Colony and Protectorate).
Somaliland Protectorate.
Straits Settlements.
Tanganyika Territory.
Trinidad and Tobago.
Western Pacific, Islands of-
British Solomon Islands Protectorate.
Gilbert and Ellice Islands Colony.
Windward Islands-
Grenada.
St. Lucia.
St. Vincent.
Dominica--(c)
Zanzibar Protectorate.

SECOND S

Newfoundland. Ceylon. Falkland Islands
and Dependencies.

(c)Dominica removed from -Leeward Islands- and placed under -Windward Islandssee S.R. & 0. 1939 No.
1896.





THE HONG KONG (COINAGE) ORDERS 1936 TO 1978

[This Order in Council is printed as amended by Orders in
Council dated 12 February 1975 (L.N. 65175) and 20 December
1978 (L.N. 26/79)]

At the Court at Buckingham Palace, the 27th day of October, 1936.

Present,

The King's Most Excellent Majesty.

Lord President. Earl Stanhope.

Lord Steward. Major Alexander Hardinge.

Master of the Horse. Mr. Mackenzie King.

Lord Chamberlain.

WHEREAS by virtue of the Hong Kong (Coinage) Order 1895(a)
certain silver dollars and other silver coins and coins of copper or mixed
metal are legal tender in Our Colony of Hong Kong (in this Order
referred to as 'the Colony'):

AND WHEREAS it appears to Us by the advice of Our Privy
Council that it is expedient to repeal the said Order in Council and to
make fresh provision respecting the coins which are to constitute legal
tender in the Colony:

NOW, THEREFORE, We, by and with the advice of Our Privy
Council, and by virtue of all powers vested in Us in that behalf do
hereby ordain and enact as follows

1. Each of the several coins specified in the Schedule to this Order
shall be legal tender in the Colony to the extent stated in that Schedule
in respect of each coin until a Proclamation shall have been issued
under Article 2 of this Order providing that such coin shall no longer be
legal tender.

2. The Governor may with the approval of the Commissioners of
Our Treasury and a Secretary of State at any time declare by
Proclamation that any coins which are legal tender in the Colony shall
cease to be legal tender as from a date to be specified in the
Proclamation and such coins shall accordingly cease to be legal tender
as from such date; provided that in the case of British dollars the date
upon which such coins are to cease to be legal tender shall not be
earlier than three months after the date of the Proclamation; and as from
the date upon which such British dollars cease to be legal tender in the
Colony the British Dollar Order 1895 shall be repealed.

(a) S.R. & 0. Rev. 1904, 11, 'Coin, Colonies' p. 46.





3. (1) If the Governor at any time requests that any new coins of
any denomination whether of gold, silver, copper, nickel, cupro-nickel or
other mixed metal, be coined and the Commissioners of Our Treasury
and a Secretary of State approve such request those new coins may be
so coined under the direction of the Master of Our Mint or at one of Our
Mints in British India.

(2) Such new coins shall be of such design and weight and, if of
silver or gold, of such fineness, as may be approved by the Master of
Our Mint and by a Secretary of State.

4. (1) If any new coins are coined they shall, from a date fixed by the
Governor in a Proclamation made with the approval of the
Commissioners of Our Treasury and- a Secretary of State setting forth in
a Schedule particulars of the metal, standard weight, remedy allowance
and, in the case of silver or gold coins, fineness, and provided that they
have not been dealt with in any manner prohibited by law, be legal
tender as follows, that is to say

(a) gold coins, for the payment of any amount;

(b)coins of silver, copper, nickel, cupro-nickel or other mixed
metal of denominations of not less than one dollar for the
payment of an amount not exceeding one hundred dollars;

.(c)coins of silver, copper, nickel, cupro-nickel or other mixed
metal of denominations less than one dollar for the payment of
an amount not exceeding two dollars.

(2) Each coin shall be a legal tender only for the amount of its
denomination.

(3) A coin shall be deemed to have been dealt with in a manner
prohibited by law where the coin has been impaired, diminished or
lightened otherwise than by fair wear and tear, or has been defaced by
having any name, word or mark stamped or engraved thereon (whether
the coin has or has not been thereby diminished or lightened) or by
cutting, punching or chopping in any way whatever.

(4) Any coin which has been dealt with in a manner prohibited by
law may be called in, cut, broken or defaced under the authority of the'
Governor, in accordance 'With such regulations as the Governor may
make.

5. The Hong Kong (Coinage) Order 1895 and the Hong Kong
(Coinage) Order 1916(a) are hereby repealed.

6. The Interpretation Ordinance 1911, as amended by any
subsequent Ordinance, applies to the interpretation of this Order as it
applies to the interpretation of any Ordinance or enactment in force in
the Colony.

(a) S.R. & 0. 1916, Ill, p. 232.





7. This Order may be cited as---TheHong Kong (Coinage) Orders
1936 to 1978(a)'.

8. This Order shall come into operation on the day on which it is
proclaimed in the Colony by the governor.(b)

AND the Lords Commissioners of Our Treasury and the Right
Honourable W. G. A. Ormsby-Gore, one of Our Principal Secretaries of
State, are to give the requisite directions herein accordingly.

M. P. A. HANKEY.

(a) See L.N. 26179.
(b) The date thus fixed was January 8,
1937.





SCHEDULE

Standard Weight Least Current Weight Limit
Coin Metal Fineness of

Grains Grammes Grains Grammes Tender

British Dollar.. .. .. .. .. Silver 900416.00 26.957 411.00 26.633 Unlimited

Hong Kong Fifty Cent Piece.... .. 800 209.52 13.576 199.00 12.895 2 dollars

Hong Kong Twenty Cent Piece.......... .. .. 800 83.81 5.430 79.6 5.158

Hong Kong Ten Cent Piece.. .. .. 800 41.90 2.715 39.8 2.579
Hong Kong Five Cent Piece.. .. .. 800 20.95 1.357 19.9 1.290

Hong Kong Ten Cent Piece .. .. .. Cupro-nickel - 40 2.591 - -
Hong Kong Five Cent Piece .. .. .. - 20 1.295
Hong Kong One Cent Piece .. .. .. Copper or - 115.75 7.501 1 dollar
....................mixed metal

Hong Kong One Cent Piece............. .. .. - 62.50 4.050





ORDER IN COUNCIL APPLYING PART H OF THE

FUGITIVE OFFENDERS ACT 1881 TO BURMA.

1937 No. 724.

(Spent since Burma has become a republic
outside the Commonwealth)



REVISED EDITION 1968

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





THE MERCHANT SHIPPING LOAD LINE CONVENTION
(HONG KONG) NO. 1 ORDER 1938

1938 No. 781

(Omitted as spent)

REVISED EDITION 1974

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





THE MERCHANT SHIPPING LOAD LINE CONVENTION
(HONG KONG) NO. 2 ORDER 1938

1938 No. 782

(Omitted as spent)

REVISED EDITION 1974

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





THE HONG KONG NAVAL DEFENCE ORDER 1939.

1939 No. 157.

At the Court at Buckingham Palace. the
2nd day of February, 1939.

Present,

The King's Most Excellent Majesty.

Lord President. Mr. Chancellor of the
Viscount Chilston. Duchy of Lancaster.
Secretary Sir Thomas Mr. R. A. Butler.
Inskip.
Mr. Secretary Colville. Captain Crookshank.

Sir Reginald Dorman-Smith.

WHEREAS by the Colonial Naval Defence Act 1931 (hereinafter
referred to as 'the Act') 'it is enacted that the legislature of any colony
may, with the approval of His Majesty in Council, make provision for
maintaining and using vessels of war; and that where the legislature of
any colony has made provision for raising a force for the naval defence
of the colony within its territorial waters, that legislature may, with the
approval of His Majesty in Council, further make such provision
regarding the discipline and service of officers and men of that force as
is set out in the Act:

AND WHEREAS by the Act it is further provided that His Majesty
in Council may,' on such conditions as He thinks fit, authorize the
Admiralty to accept any offer made by the Government of a colony to
place at His Majesty's disposal for general service in the Royal Navy,
vessels of war maintained, or officers or men of such force as aforesaid
raised by the Colony:

AND WHEREAS by the Naval Volunteer Ordinance 1933 of the
Legislature of the Colony of Hong Kong (hereinafter referred to as 'the
Legislature') provision has been made for raising a force for the Naval
Defence of Hong Kong called the Hong Kong Naval Volunteer Force
(hereinafter referred to as 'the Force'):

Now, THEREFORE, His Majesty, in exercise of the powers vested in
Him by the above recited provisions, is pleased, by and with the advice
of His Privy Council, to order, and it is hereby ordered, as follows

1. This Order may be cited as 'The Hong Kong Naval Defence
Order 1939'.





2. Approval is hereby given to the exercise by the legislature of the
power contained in Section 1 of the Act, to make provision at the
expense of the Colony for maintaining and using vessels of war.

3. The Admiralty is hereby authorized to accept any offer made by
the Government of Hong Kong to place at His Majesty's disposal for
general service in the Royal Navy any vessel of war so maintained,
provided that, as regards any such vessel maintained by the Colony of
Hong Kong in conjunction with any other Colony, a like offer is made by
such last mentioned Colony.

4. Approval is hereby given to the exercise by the Legislature of
the powers contained in Subsection (i) of Section 2 of the Act, namely
to provide that officers and men of the Force

(a)shall, whether serving ashore or afloat or within or without
the, limits of Hong Kong, be subject to all the enactments and
regulations for the time being in force for the enforcement of
discipline in the. Royal Navy. with such modifications and
adaptations. as may be made by the Legislature to adapt those
enactments and regulations to the circumstances of Hong
Kong;

(b)shall be liable to service and training in any ship,
establishment or other place without the limits of Hong Kong,
whether belonging to Hong Kong or not;

(c)shall, in the case of officers or men entered on the express
terms of accepting general service in the Royal Navy in
emergency, form part of the Royal Naval Reserve or of the
Royal Naval Volunteer Reserve, or that some shall form part of
the Royal Naval Reserve and others of the Royal Naval
Volunteer Reserve.

5. The Admiralty is hereby authorized to accept any offer made by
the Government of Hong Kong to place at His Majesty's disposal for
general service in the Royal Navy, any officers and men of the Force.

RUPERT B. HOWORTH.





THE EMERGENCY POWERS ORDERS IN COUNCIL
1939 TO 1973

[This Order in Council is printed as amended by Orders in Council, dated
May 16, 1956 (S.I. 1956 No. 731), January 17, 1963 (S.I. 1963 No. 88),
September 27, 1963 (S.I. 1963 No. 1633), February 26, 1964 (S.I 1964 No.
267), July 27, 1964 (S.I 1964 No. 1199), 29 January, 1965 (S.I 1965 No. 131),
May 8, 1968 (S.I 1968 No. 724), April 18, 1973 (S.I 1973 No. 759), and July 25,
1974 (S.I 1974 No. 1262).]

At the Court at Buckingham Palace,
the 9th day of March, 1939

Present,

The King's Most Excellent Majesty

Marquess of Zetland. Mr. Chancellor of the Duchy

Lord Chamberlain.of Lancaster.
Sir Hugh O'Neill.

WHEREAS it is expedient to make other provision than that now
existing for the security in time of emergency of the colonies and
protectorates mentioned in Part 1 of the First Schedule to this Order,
and of the territories in respect of which a mandate on behalf of the
League of Nations has been accepted by His Majesty mentioned in Part
II of the said Schedule:

NOW, THEREFORE, His Majesty, by virtue and in exercise of the
powers vested in Him by the British Settlements Act 1887, the Foreign
Jurisdiction Act 1890 and of all other powers enabling Him in this
behalf, is pleased, by and with the advice of His Privy Council, to order,
and it is hereby ordered, as follows:

PART I

GENERAL

1. This Order may be cited as the Emergency Powers Orders in
Council 1939 to 1973.*(a)

(a)See S.I. 1952 No. 2031, Appendix, in S.I. 1952 1, p. 621.
Revoked as part of law of

(i) (10.7.74) (Bahamas), 1973/1080; (xi) Mauritius, O. 1968 (1 p. 1871);
(ii) Basutoland, 1966/1172; (xii) Nigeria, 1960/1652;
(iii) Bechuanaland, 1966/1171; (xiii) Northern Rhodesia, 1964/1652;
(iv) British Guiana, 1966/575; (xiv) Nyasaland, 1964/916;
(v) Dominica, 1967/226; (xv) Saint Lucia, 1967/229;
(vi) Fiji, O. 30.9.70 (111 p. 6630); (xvi) Sierra Leone, 1961/741;
(vii) Gambia, 1965/135; (xvii) Swaziland, 1968/1377;
(viii) Grenada, 1967/227; (xviii) Tanganyika, 1961/2274;
(ix) Kenya 1963/1968; (xix) Uganda, 1962/2175.

(X) Malta, 0. in C, 1961 (Ill p. 4581);

S.I. 1973 No. 759 (1973 1, p. 2417).





2. (1) In this Order, unless the context otherwise requires, the
expression

'Governor' means

(a)in relation to the British Antarctic Territory, the High
Commissioner for that territory;

[(b)in relation to the British Solomon Islands Protectorate, and the
Gilbert and Ellice Islands Colony, the High Commissioner for
the Western Pacific;(a)](b)

(c)in relation to Dominica, Grenada, Saint Lucia, Saint Vincent, the
Administrator of that territory;(a)

(d)in relation to Basutoland, the British Government
Representative, and in relation to the Bechuanaland
Protectorate or Swaziland, Her Majesty's Commissioner for that
territory;(c)

(e)in relation to Aden, the Protectorate of South Arabia, Kamaran,
Perim or the Kuria Muria Islands, the High Commissioner for
Aden and the Protectorate of South Arabia;

in relation to the Sovereign Base Areas of Akrotiri and
Dhekelia, the Administrator of those territories;

(g)in relation to the British Indian Ocean Territory, the
Commissioner;(d)

(h)in relation to any other territory. the Governor of that territory;

'law' means, in relation to a territory, any law made by any legislature
established for the territory and includes any instrument having
the force of law made under any such law;

'territory' means any territory specified in the First Schedule to this
Order and its dependencies and includes any territorial waters
adjacent thereto.

(2) In this Order, unless the context otherwise requires, a reference
to the holder of an office by the term designating his office includes, to
the extent of his authority, any person who is for the time being
authorized to perform the functions of that office.

(3) The Interpretation Act 1889(e) shall apply, with the necessary
adaptations, for the purpose of interpreting and otherwise in relation to
this Order as it applies for the purpose of interpreting and in relation to
Acts of Parliament of the United Kingdom.(f)

(a) Amended, S.I. 1973 No. 759.
(b) Deleted by S.I. 1974 No. 1262.
(c) Substituted by S.I. 1964 No. 1199. Amended, S.I. 1965 No. 131.
(d) Added by S.I. 1968 No. 724.
(e) 52 & 53 Vict. c. 63.
(f) Section 2 substituted by S.I. 1963 No. 88 in this Appendix. Amended,
S.I. 1963 No. 1633.





3. (1) If the Governor is satisfied that a public emergency exists, he
may by Proclamation declare that the provisions of Part II of this Order
shall come into operation in a territory, and thereupon those provisions
shall come into operation accordingly; and they shall continue in
operation until the Governor by a further Proclamation directs that they
shall cease to have effect, whereupon they shall cease to have effect
except as respects things previously done or omitted to be done.

(2) A Proclamation under subsection (1) of this section may, if the
Governor thinks fit, be made so as to apply only to such part of the
territory as may be specified in the Proclamation (in this subsection
called 'the emergency area') in which case Regulations made under the
said Part II shall, except as otherwise expressly provided in such
Regulations, have effect only in the emergency area:

Provided that, for the avoidance of doubts, it is hereby declared
that the expression---theterritory' in the said Part II shall not be
construed as referring only to the emergency area.(a)

4. The orders specified in the Second Schedule hereto shall be
revoked as from the first day of June, 1939:

Provided that nothing in this revocation shall affect any
Regulations made under any of the Orders hereby revoked and in force
in any territory on the date aforesaid, but all such Regulations shall
continue in force until revoked, or until amended or varied by
Regulations made under Part 11 of this Order.

5. His Majesty may from time to time revoke, add to, amend or
otherwise vary this Order.

PART II

REGULATIONS

6. (1) The Governor may make such Regulations as appear to him
to be necessary or expedient for securing the public safety, the defence
of the territory, the maintenance of public order and the suppression of
mutiny, rebellion and riot, and for maintaining supplies and services
essential to the life of the community.

(2) Without prejudice to the generality of the powers conferred by
the preceding subsection, the Regulations may, so far as appears to the
Governor to be necessary or expedient for any of the purposes
mentioned in that subsection

(a)make provision for the detention of persons and the
deportation and exclusion of persons from the territory;

(a) Section 3 substituted by S.I. 1956 No. 731.





(b) authorize-

(i) the taking of possession or control, on behalf of His
Majesty, of any property or undertakings;

(ii) the acquisition on behalf of His Majesty of any property
other than land;

(c) authorize the entering and search of any premises;

(d)provide for amending any law, for suspending the operation of
any law and for applying any law with or without modification;

(e)provide for charging, in respect of the grant or issue of any
licence, permit, certificate or other document for the purposes
of the Regulations, such fee as may be prescribed by or under
the Regulations;

(f)provide for payment of compensation and remuneration to
persons affected by the Regulations;

(g)provide for the apprehension, trial and punishment of persons
offending against the Regulations:

Provided that nothing in this section shall authorize the
making of provision for the trial of persons by Military Courts.

7. The Regulations may provide for empowering such authorities or
persons as may be specified in the Regulations to make orders and rules
for any of the purposes for which such Regulations are authorized by
this Order to be made, and may contain such incidental and
supplementary provisions as appear to the Governor to be necessary or
expedient for the purposes of the Regulations.

8. A Regulation or any order or rule made in pursuance of such a
Regulation shall have effect notwithstanding anything inconsistent
therewith contained in any law; and any provision of a law which may
be inconsistent with any Regulation or any such order or rule shall,
whether that provision shall or shall not have been amended, modified
or suspended in its operation under section 6 of this Order, to the extent
of such inconsistency have no effect so long as such Regulation, order
or rule shall remain in force.

9. Every document purporting to be an instrument made or issued
by the Governor or other authority or person in pursuance of this Order,
or of any Regulation, and to be signed by or on behalf of the Governor
or such other authority or person, shall be received in evidence, and
shall, until the contrary is proved, be deemed to be an instrument made
or issued by the Governor or that authority or person.

REPERT B. HOWORTH





FIRST SCHEDULE (a)

Aden.
Basutoland.
Bechuanaland Protectorate.
British Antarctic Territory.
British Guiana.
British Indian Ocean Territory(b).
British Solomon Islands Protectorate.
Cayman Islands.
[Central and Southern Line Islands deleted by S.I. 1973 No. 759.]
Dominica.
Falkland Islands (Colony and Dependencies).
Fiji.
Gambia (Colony and Protectorate).
Gibraltar.
Gilbert and Ellice Islands Colony.
Grenada.
Hong Kong. -
Kamaran.
[Kenya (Colony and Protectorate) deleted by S.I. 1964 No. 267 in this
Appendix.]
Kuria Muria Islands.
Mauritius.
[North Borneo deleted by S.I. 1963 No. 1633.]
Northern Rhodesia.
[Nyasaland Protectorate deleted by S.I. 1964 No. 1199.]
Perim.
Pitcairn, Henderson, Ducie and Oeno.
St. Helena.
St. Lucia.
St. Vincent.
[Sarawak deleted by S.I. 1963 No. 1633.]
Seychelles.
Protectorate of South Arabia.
Sovereign Base Areas of Akrotiri and Dhekelia.
[State of Singapore deleted by S.I. 196.9 No. 1633.]
Swaziland.
Turks and Caicos Islands.
[Zanzibar Protectorate deleted by S.I. 1964 No. 267 in this Appendix.]

SECOND SCHEDULE

An Order in Council made on the 26th day of October, 1896, subjecting
persons in Gibraltar to military law, empowering the Governor to make
Regulations, and containing other provision.

The British Protectorates (Defence) Order in Council 1916.

The Defence (Certain British Possessions) Order in Council 1928.

The Malta (Governor's Emergency Powers) Order in Council 1928.

(a)First Schedule substituted by S.I. 1963 No. 88. Amended temporarily to include the
Bahama Islands by S.I. 1963 No. 2084.

(b) Added by S.I. 1968 No. 724.





THE HONG KONG PRIZE COURT (FEES)
ORDER IN COUNCIL 1940.

1940 No. 663.

At the Court at Buckingham Palace, the 30th day of April, 1940.

Present,

The King's Most Excellent Majesty.

Lord President. Captain Crookshank.

Sir Paul Lawrence. Mr. Ramsbotham.

WHEREAS by section three of the Prize Courts Act 1894 it is
provided that if any Colonial Court of Admiralty within the meaning of
the Colonial Courts of Admiralty Act 1890 is authorized under the Prize
Courts Act 1894, or otherwise to act as a prize court, all fees arising in
respect of prize business transacted in the court shall be fixed.
collected, and applied in like manner as the fees arising in respect of the
Admiralty business of the court under the Colonial Courts of Admiralty
Act 1890:

AND WHEREAS the Supreme Court of Hong Kong (hereinafter
called the Court) is a Colonial Court of Admiralty authorized to act as a
prize court:

AND WHEREAS by virtue of section seven of the Colonial Courts
of Admiralty Act 1890, the fees arising in respect of the Admiralty
business of the Court under that Act are regulated by rules of court
made by the same authority and in the same manner as rules touching
the fees in the said Court in the exercise of its ordinary civil jurisdiction
are made. provided that such rules may not, save as provided by that
section, come into operation until they have been approved by His
Majesty in Council, but on coming into operation are to have full effect
as if enacted in the Act:

AND WHEREAS the Rules of Court mentioned in the Schedule
hereto, providing for the fees to be taken in prize matters in the Court,
have been made by the proper authority and in the proper manner in
accordance with the above mentioned provisions:

Now, THEREFORE, His Majesty. by virtue of the powers by the
Prize Courts Act 1894 and the Colonial Courts of Admiralty Act 1890, or
otherwise in Him vested. is pleased, by and with the advice of His Privy
Council, to order, and it is hereby ordered, as follows

1. This Order may be cited as the Hong Kong Prize Court (Fees)
Order in Council 1940.





2. The Rules of Court mentioned in the Schedule hereto are
approved.

RUPERT B. HOWORTH.

SCHEDULE.

The Supreme Court Fees (In Prize) Order ~ made on the 20th day of January,
1940, by the Chief Justice of Hong Kong under Section 32 of the Supreme Court
Ordinance, No. 3 of 1873, and approved by the Legislative Council of Hong Kong
on the 7th day of March, 1940.





THE VISTING FORCES (BRITISH COMMONWEALTH)
(APPLICATION TO THE COLONIES, &c.) ORDER IN
COUNCIL 1940.

1940 No. 1373.

[This Order in Council (S.R. & 0. 1940, 1, p. 1092) is printed as
amended by Order in Council, dated September 17, 1942 (S.R. & 0.
1942 (No. 1905) 1, p. 843).]

At the Court at Buckingham Palace. the 24th day of July, 1940.

Present.

The King's Most Excellent Majesty in Council.

WHEREAS by subsections (1) and (2) of Section 5 of the Visiting
Forces (British Commonwealth) Act 1933 (hereinafter called 'the Act'),
it is provided that His Majesty may as regards any colony by Order in
Council direct that the provisions of sections one to three of the Act, or
such of those provisions as may be specified in the Order, shall, subject
to such adaptations and modifications as may be so specified, apply in
that colony in relation to forces visiting that, colony and in relation to
deserters and absentees without leave. as they apply in the United
Kingdom; and that His Majesty may as regards any colony by Order in
Council direct that the provisions of section four of the Act shall. with
such exceptions and subject to such adaptations and modifications as
may be specified in the Order. apply in relation to all or any of the forces
raised in that colony, and in relation to officers and members thereof. as
they apply in relation to home forces and officers and members thereof:

AND WHEREAS by virtue of subsection (3) of section five and
section six of the Act the powers aforesaid may likewise be exercised in
respect of any territory which is under His Majesty's protection,
including any territory in respect of which a mandate on behalf of the
League of Nations is being exercised by His Majesty's Government in
the United Kingdom:

Now, THEREFORE, His Majesty, in pursuance of sections five and six
of the Act and of all other powers enabling Him in that behalf, is
pleased, by and with the advice of His Privy Council, to order, and it is
hereby ordered, as follows

1. This Order may be cited as the Visiting Forces (British
Commonwealth) (Application to the Colonies, etc.) Order in Council
1940.





2. (1) In this Order-

'Territory' means a territory mentioned in the First Schedule to this
Order; and in the application of the Act under this Order to any
territory 'the territory' means that territory;

'Governor' in relation to any territory, means the person administering
the government of the territory or, in the case of Zanzibar, the
British Resident or the person lawfully discharging his functions;

'Colonial forces' means, in relation to any territory any naval, military,
or air forces raised in the territory, including any police force or
other body raised therein which, by. virtue of any law in force in
the territory, has become a naval, military or air force; and 'colonial
force' includes any body. contingent or detachment of any
colonial forces, wherever serving:

Provided that where any colonial forces or force raised in one
territory shall be present in some other territory. such forces or
force shall. for the purposes of this definition in so far as it relates
to sections one to three of the Act as applied by this Order. be
deemed to have been raised in that other territory.

(2) Subject to the provisions of this Order, sections one to four of
the Act as applied by this Order shall be construed in accordance with
the provisions of section eight of the Act. except that

(a)the definition of 'visiting force' shall have effect as if for the
words 'with the consent of His Majesty's Government in the
United Kingdom lawfully present in the United Kingdom'
there were substituted the words 'lawfully present in the
territory'; and

(b)the definition of 'member' shall have effect as if the word
'territory' were substituted for the words 'United Kingdom'.

(3) An Order under the Act as applied by this Order may be
revoked or varied by a subsequent Order.

(4) The Interpretation Act 1889 shall apply for the interpretation of
this Order as it applies for the interpretation of an Act of Parliament.

[3. Sections one. two and three of the Act shall, subject to the
adaptations and modifications specified in Article 2 and the Second
Schedule to this Order, apply in each territory in relation to forces
visiting the territory and in relation to deserters and absentees without
leave. as they apply in the United Kindgom.](a)

(a)Spent on repeal of enactments therein mentioned by Visiting Forces Act
1952, s. 18.





4. Section 4 of the Act shall, subject to the adaptations and
modifications specified in Article 2 and the Third Schedule to this
Order, apply in relation to colonial forces raised in any territory and in
relation to officers and members thereof. as they apply in relation to
home forces as defined in the Act and officers and members thereof.

E. C. E. LEADBITTER

FIRST SCHEDULE(b)

Aden (Colony and Protectorate).

Bahamas. Barbados.
Basutoland. Bechuanaland
Protectorate. Bermuda.
British Guiana. British
Honduras.

Ceylon.
Cyprus.

Falkland Islands.
Fiji.

Gambia (Colony and Protectorate).
Gibraltar.
Gold Coast-

(a) Colony.

(b) Ashanti.

(c) Northern Territories.

(d) Togoland under British Mandate.

Hong Kong.

Jamaica (including Turks and Caicos Islands and the Cayman Islands).

Kenya (Colony and Protectorate).

Leeward Islands-

Antigua.

Montserrat.

St Christopher and Nevis.

Virgin Islands.

Malta.
Mauritius.

Nigeria-

(a) Colony.

(b) Protectorate.

(c) Cameroons under British Mandate.

(b) Schedule as a~ by S.R. & 0. 1942 No. 1905.





Northern Rhodesia. Nyasaland
Protectorate. Palestine (excluding
Trans-Jordan).

St. Helena.
Seychelles.
Sierra Leone (Colony and Protectorate).
Somaliland Protectorate.
Straits Settlements.
Swaziland.
Tanganyika Territory.
Trinidad and Tobago.
Uganda Protectorate.
Western Pacific-

(a) British Solomon Islands Protectorate.

(b) Gilbert and Ellice Islands Colony.

(c) Pitcairn Island.

(d)Any other colony, or territory under His Majesty's protection, in or in
relation to which jurisdiction may lawfully be exercised under the Pacific
Order in Council, 1893(a).

Windward Islands-

Dominica.

Grenada.

St. Lucia.

St. Vincent.
Zanzibar Protectorate.

Reference in this Schedule to any territory of which there are dependencies
shall be construed as including a reference to such dependencies.

[SECOND SCHEDULE.

ADAPTATIONS AND MODIFICATIONS OF SECTIONS ONE, TWO AND THREE
OF THE ACT.

1. All references to the United Kingdom shall be construed as references to
the territory.

2. All references to home forces or a home force shal 1 be construed as
including references to colonial forces or a colonial force, as the case may be.

3. In subsection (5) of Section one the words 'the Governor- shall be
substituted for the words 'the Admiralty, Army Council or Air Council, as the case
may be'.

4. In subsection (1) of Section two-

(a)the words 'the Governor may by Order' shall be substituted for the words
'His Majesty may by Order in Council';

(b)the word 'Officer' shall be substituted for the word 'Minister' wherever
it occurs; and

(c) the last paragraph shall be omitted.](b)

(a) See S.R. & 0. and S.I. Rev. 1948, Vol. VIII, p. 597. (b) See note (a)






on page AH 2.





0

[5. In subsection (2) of Section two-

(a)the words ---theGovernor by Order' shall be substituted for the words
'His Majesty by Order in Council';

(b)the words 'such person as may be specified in the Order' shall be
substituted for the words 'a Secretary of State or the Admiralty';

(c)the words 'the Governor may' shall be substituted for the words 'His
Majesty may'; and

(d)the words 'be agreed between the Governor of the territory' shallbe
substituted for the words 'with the consent of the Treasury, be agreed
between the Secretary of State or the Admiralty'.

6. The proviso to subsection (3) of Section two shall in so far as it relates to
enactments being statutes or parts of statutes made in the territory, have effect as
if the words 'the Governor may by Order' were substituted for the words 'His
Majesty may by Order in Council'.

7. In subsection (4) of Section two the words 'or Order' shall be inserted
between the words 'Order in Council' and 'under'.

8. In subsection (1) of Section three, the words 'Order in Council' shall be
construed as including any Order in Council made under that subsection before the
date of this Order.

9. In subsection (4) of Section three the words 'the Governor' shall be
substituted for the words 'the Secretary of the Admiralty, the Secretary of the
Army Council, or the Secretary of the Air Council'](a)

THIRD SCHEDULE.

ADAPTATIONS AND MODIFICATIONS OF SECTION FOUR OF THE ACT.

1. The expressions 'colonial forces' and 'colonial force' shall be substituted
for the expressions 'home forces' and 'home force' wherever they occur.

2. In subsection (2)--

(a)the words 'The Governor' shall be substituted for the words The
Admiralty, Army Council or Air Council, as the case may be'; and

(b)the words 'the disposal of the Government of the territory' shall be
substituted for the words 'their disposal'.

3.For subsection (3) the following subsection shall be substituted'(3) Whilst
a member of another force is by virtue of this section

attached temporarily to a colonial force, he shall be treated, and shall have
the like powers of command and punishment over members of the colonial
force to which he is attached, and shall be subject in all respects to the law
relating to the discipline and administration of that force, as if he were a
member of that force of relative rank: Provided that the Governor may by
Order direct that in relation

to members of a force of any part of the Commonwealth specified in the
Order, such law shall apply with such exceptions and subject to such
adaptations and modifications as may be so specified.'

4. In subsection (5) the words 'by order of the Governor' shall be substituted
for the words 'by order of the Admiralty, the Army Council or the Air Council,
according as the home force is a naval, a military or an air force'.







(a) See note (b) on ~ AH 4.

33 & 34 Vict. C. 52. 33 & 34 Vict. C. 52. 36 & 37 Vict. C. 60. 39 & 40 Vict. c. 80. 32 & 33 Vict. No. 5. 17 & 18 Vict. c. 104. 25 & 26 Vict. c. 63. 17 & 18 Vict. c. 104. 57 & 58 Vict. c. 60. Issue of Warrant for Transfer. Transfer out of the Territory. Transfer into the Territory. Temporary return. Operation of warrant and retaking prisoners. Revocation of warrants. Expenses. Interpretation and Certificates. Commencement and Extent. 47 & 48 Vict. c. 31. 32 & 33 Vict. c. 10. 47 & 48 Vict. c. 31. 2 & 3 Geo. 5, c. 10. 58 & 59 Vict. c. 21. 53 & 54 Vict. c. 37. 39 & 40 Vict. c. 36. 5 & 6 Geo. 5. c. 40. 57 & 58 Vict. c. 60. 57 & 58 Vict. c. 60. 23 & 24 Geo. 5. c. 13. 10 & 11 Geo. 5. c. 81. 16 & 17 Geo. 5. c. 40. Citation and commencement. Additional powers of the legislature of Hong Kong. 15 & 16 Geo. 5. c. 42. 24 & 25 Geo. 5. c. 49. 53 & 54 Vict. c. 37. L.N. 26/79. L.N. 65/75. L.N. 65/75. L.N. 65/75. 21 & 22 Geo. 5. c. 9. 57 & 58 Vict. c. 39. 53 & 54 Vict. c. 27. 23 Geo. 5. c. 6. Short title. Interpretation, etc. 52 & 53 Vict. c. 63. Application of Section 1 to 3 of the Act. Application of Section 4 of the Act. 24 & 25 Geo. c. 49. 1 & 2 Geo. 6. c. 30. Regulation 1. Delete these italicized words if the declarant was born in Burma or anywhere in His Majesty's dominions. Delete these italicized words if it is desired that all children should remain British subjects. Regulation 2. Delete these italicized words if the declarant was born in Burma or anywhere in His Majesty's dominions. Delete these italicized words if it is desired that all children should remain British subjects. Scheduled convention to have force of law. Limitation of liability. Exclusion of liability. Provisions supplementary to ss. 17 and 18. Interpretation and repeals. Fees. Citation and commencement. Sections 14. 51(2). Sections 17, 18, 19(1). Sections 19(1). Section 50(4). L.N. 225/84. Dues for space occupied by deck cargo. L.N. 210/84. (App. III, pp. BC, 1974 Ed.) Interpretation. Leave to appeal generally. Form of petition for special leave to appeal. Six copies of petition to be lodged together with affidavits in support. Time for lodging petition. Security for costs and transmission of Record. General provisions. Petition for special leave to appeal as a poor person. Exemption of poor person appellant from lodging security and paying Office fees. Exemption of unsuccessful petitioner for leave to appeal as a poor person from payment of Office fees. Record to be transmitted without delay. Reproduction of Record. Number of copies to be transmitted where Record reproduced abroad. One certified copy to be transmitted where Record to be reproduced in England. Record to include order granting leave. Reasons for judgments to be included. Exclusion of unnecessary documents from Record. Documents objected to be indicated. Registration and numbering of Records. Inspection of Record by parties. Appearance by appellant. Time within which appellant shall enter an appearance. Preparation of copy of Record for reproduction. Lodging copy of Record for reproduction. Special case. Examination of proof of Record and striking off copies. Number of copies of Record for parties. How costs of reproduction of Record are to be borne. Time within which petition shall be lodged. Form of petition of appeal. Service of petition. Withdrawal of appeal before petition of appeal has been lodged. Withdrawal of appeal after petition of appeal has been lodged. Dismissal of appeal where appellant takes no step in prosecution thereof. Dismissal of appeal for non-prosecution after appellant's appearance and before lodgment of petition of appeal. Dismissal of appeal for non-prosecution after lodgment of petition of appeal. Restoring an appeal dismissed for non-prosecution: Costs. Time within which respondent may appear. Notice of appearance by respondent. Form of appearance where all the respondents do not appear. Separate appearances. Non-appearing respondent not entitled to receive notices or lodge cases. Procedure on non-appearance of respondent. Respondent defending appeal as a poor person. Mode of addressing petitions. Orders on petitions which need not be drawn up. Form of petition and number of copies to be lodged. Caveat. Service of petition. Verifying petition by affidavit. Petition for order of revivor or substitution. Petition disclosing no reasonable cause of appeal or containing scandalous matter to be refused. Setting down petition. Time within which set down petitions shall be heard. Notice to parties of day fixed for hearing petition. Procedure where petition is consented to or is formal. Withdrawal of petition. Procedure where hearing of petition unduly delayed. Only one Counsel heard on a side in petitions. Lodging of case. Reproduction. Number of copies to be lodged. Form of case. Separate cases by two or more respondents. Notice of lodgment of case. Case notice. Setting down appeal and exchanging cases. Mode of binding Record. &c. , for use of Judicial Committee. List of authorities to be lodged. Notice of day on or before which appeals must be set down for ensuing sittings. Notice of parties of day fixed for hearing appeal. Only two counsel heard on a side in appeals. Nautical assessors. Notice to parties of day fixed for delivery of judgment. Taxation of costs. What costs taxed in England. Order to tax. Power to taxing officer where taxation delayed through the fault of the partly whose costs are to be taxed. Appeal from decision of taxing officer. Amount of taxed costs to be inserted in Her Majesty's Order in Council. Taxation on the poor person scale. Security to be dealt with as Her Majesty's Order in Council determining appeal directs. Power to excuse from compliance with Rules. Amendment of documents. Affidavits may be sworn before the Registrar. Change of agent. Citation, commencement, construction and revocation. Replacement of s. 2 of Order of 1939. Replacement of First Schedule to Order of 1939. Provisions relating to Aden. Application to Malta. S. 1 (5). L.N. 329/84. (App. III. p. BN.) (App. III. p. BO.) Citation and interpretation. Approval of the Hong Kong Royal Naval Reserve (General Service) (Amendment) Ordinance 1962. Citation and commencement. Interpretation. Form of application for registry. Procedure by Registrar. Transfer of registered ships. Certificate of Sale. Registration of ship's manager. Application of Merchant Shipping Acts. Revocations. Citation commencement. Provisions of 1958 Act extended to certain territories. Provisions of limitation enactments extended to certain territories. Application of Hague Rules as amended. Contracting States, etc. Absolute warranty of seaworthiness not to be implied in contracts to which Rules apply. Supplemental. Citation, construction and commencement. Amendment of section 4 of first Order of 1963. Citation, commencement and interpretation. 1964 Act extended to Hong Kong. Citation and commencement. Application and interpretation. Restriction of trial of service offenders by courts of Territory. Courts of Territory not to try offences tried by service courts. Saving of powers of arrest, etc. Coroner's inquests. Evidence. Revocation. Section 2. Citation, commencement and interpretation. Application of Act. Revocation. (App. III. p. DC 1.) Disabled birth due to radiation. Citation and commencement. Application of Act to certain territories. Interpretation. Citation and commencement. Interpretation. Revocation. Extension of certain provisions of Act of 1961 to Overseas Territories. Extension of certain provisions of Act of 1962 to Overseas Territories. Amended convention to have force of law. Designation of High Contracting Parties. Fatal accidents. Limitation of liability. Time for bringing proceedings. Power to exclude aircraft in use for military purposes. Actions against High Contracting Parties. Application to Crown. Interpretation. Convention to have force of law. Interpretation of Guadalajara Convention. Application of provisions of Act of 1961. Application to Crown. Citation and commencement. Interpretation. Application of Order to certain carriage by air. Non-international carriage, and carriage of mail and postal packages. International carriage under the Warsaw Convention. Power to restrict application of Order. Application of certain provisions of the Acts of 1961 and 1962. Gratuitous carriage by the Crown. Application of Order to Overseas Territories. Revocation. Fatal accidents. Limitation of liability. Time for bringing proceedings. Application of provisions of Acts of 1961. Designation of High Contracting Parties. Actions against High Contracting Parties. L.N. 179/84. Tonnage regulations. Load lines indicating greater than minimum freeboard. Amendments and repeals. Interpretation of construction. Section 7(1). Section 7(2). Citation and commencement. Interpretation. Extension of Fugitive Offenders Act 1967 to Hong Kong. Revocation. Article 3. Persons liable to be returned. Designated Commonwealth countries and United Kingdom dependencies. Relevant offences. General restriction on return. Authority to proceed. Arrest for purposes of committal. Proceedings for committal. Application for habeas corpus, etc. Order for return to requesting country. Discharge in case of delay in returning. Evidence. Custody. Form of warrants and orders. Restriction upon proceedings for other offences. Restoration of persons not tried or acquitted. Interpretation. Power to revoke or vary orders. Repeals and transitional provisions. Commencement. Section 3. Section 21. L.N. 193/85. Introductory provisions: the Code and the Contracting Parties to it. Implementing Regulations: Application. Implementing Regulations: Implied Terms. Power to exclude or restrict operation of the Code for lack of reciprocity. Liability of members of conference to be in proportion to their responsibility. Proceedings by or against unincorporated conferences. Restrictions on legal proceedings. Time for bringing legal proceedings. Recognition and enforcement of recommendations, etc. of conciliators. Governor to be appropriate authority in Hong Kong. Exclusion of restrictive practices law. Interpretation. Short title and commencement. [*Into force on 28.12.85 - see L.N. 367/85.] L.N. 187/85. Citation and commencement. Interpretation. Extension of Act of 1967. Application of criminal law to aircraft. Powers of commander of aircraft. Piracy. Provisions as to evidence in connection with aircraft. Provisions as to documentary evidence. Interpretation, etc. Citation and operation. Interpretation. Revocations and transitional provisions. Application for registration under section 5A of the Act of 1948. Application for registration under section 6(1) of the Act of 1948 as modified by Schedule 1 to the Act of 1971. Application for registration under section 6 (2) of the Act of 1948. Application for registration under section 7(1) of the Act of 1948. Application for registration under section 12(6) of the Act of 1948. Application for registration under section 1 of the Act of 1964. Application for registration under section 1 of the No. 2 Act of 1964. Application for registration under section 1 of the Act of 1965. Authority to whom application is to be made. Oath of allegiance for purpose of registration. Place of registration. Application for naturalization. Certificate of naturalization. Oath of allegiance for purpose of naturalization. Declaration of intention to resume nationality made under section 16(2) of the Act of 1948. Declaration of intention to resume citizenship made under section 4(2) of the Cyprus Act 1960. Place of registration of declaration of intention to resume nationality or citizenship. Declaration of renunciation of citizenship. Notice of proposed deprivation of citizenship or nationality. Cancellation of registration of person deprived of citizenship or nationality. Cancellation and amendment of certificate of naturalization in case of deprivation of citizenship. Authorized forms. Certificate of citizenship in case of doubt. Evidence. Fees. Application in relation to associated states. Citation and commencement. Interpretation. Appointment of judges. Hearing of petitions. Appeals to two judges. Appeals to Privy Council. Form of petition. Limitation where proceedings pending in United Kingdom. Appointment of Proctor. Court not to order secured provision where parties domiciled in Scotland. Court not to modify, etc. orders in certain circumstances. Certificates to be signed by Registrar of court. Procedure generally. Revocation. Control of aviation in time of war or emergency. Investigation of accidents. Dangerous flying. Licensing of air transport and commercial flying. Information as to air transport undertakings and use of customs aerodromes. Indication of presence of obstructions near aerodromes. Trespassing on aerodromes. Liability of aircraft in respect of trespass, nuisance and surface damage. Nuisance caused by aircraft on aerodromes. Application of law of wreck and salvage to aircraft. Exemption of aircraft and parts thereof from seizure on patent claims. Orders in Council. Detention of aircraft. Extra-territorial effect. Offences. Savings. Jurisdiction. Interpretation. L.N. 8/74. L.N. 8/74. L.N. 8/74. Duty of certain foreign operators. Duty of other persons causing nuclear matter to be carried. Right to compensation by virtue of s. 10. Exclusion, extension or reduction of compensation in certain cases. Protection for ships and aircraft. Time for bringing claims under ss. 10 and 11. Satisfaction of claims by virtue of s. 10. Jurisdiction shared liability and foreign judgments. 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THE WHALING INDUSTRY (REGULATION) ACT
(NEWFOUNDLAND, COLONIES, PROTECTORATES AND
MANDATED TERRITORIES) ORDER 1941.

1941 No. 790.

At the Court at Buckingham Palace,
the 30th day of May, 1941.

Present,

The King's Most Excellent Majesty in Council.

WHEREAS under powers conferred by the Whaling Industry
(Regulation) Act 1934 His Majesty was pleased to make the Whaling
Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and
Mandated Territories) Order 1936(a) (hereinafter referred to as the
principal Order). extending the provisions of the Act, with the
exceptions. adaptations and modifications specified in the principal
Order, to Newfoundland and the territories mentioned in the First
Schedule to the principal Order:

AND WHEREAS the Act was extended to the Aden Protectorate
by the Aden Protectorate (Application of Acts) Order 1938(b) :

A' WHEREAS the Act has been amended by Part III of the Sea
Fish Industry Act 1938 and it is accordingly expedient to amend the
principal Order as hereinafter appears:

Now, THEREFORE, His Majesty. by virtue of the powers by the
Whaling Industry (Regulation) Acts 1934 and 1938, or otherwise in Him
vested, is pleased. by and with the advice of His Privy Council, to
direct. and it is hereby directed, as follows

1. The provisions--- of Sections 1 and 2 of the principal Order shall
have effect as if the references therein contained to the Whaling
Industry (Regulation) Act 1934. were references to that Act as amended
by Part Ill of the Sea Fish Industry Act 1938.

2. This Order may be cited as the Whaling Industry (Regulation)
Act (Newfoundland, Colonies, Protectorates and Mandated Territories)
Order 1941.

RUPERT B. HOWORTH.

(a) S.R. & 0. 1936 No. 716, in this Appendix. (b)
S.R. & 0. 1938 No. 1603.





ORDER IN COUNCIL REVOKING ORDER IN COUNCIL
APPLYING PART H OF THE MEDICAL ACT
1886 TO JAPAN

1942 No. 268

(Omitted as spent)



REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





THE CHINA ORDER IN COUNCIL 1943
1943 No. 386

(Omitted as spent)

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





THE BURMA INDEPENDENCE (RETENTION OF
BRITISH NATIONALITY REGULATIONS 1948.

Made . . . . 14th July,. 1948.

In pursuance of the power conferred upon me by subsection (2) of
section two of the Burma Independence Act 1947(a). 1 hereby make the
following Regulations

1. A declaration of election to remain a British subject made under
subsection (2) of section two of the Burma Independence Act 1947 shall
be in the form set out in the First Schedule hereto or in a form to the like
effect.

2. A declaration of election to remain a British subject made under
subsection (3) of section two of the Burma Independence Act 1947
shall be in the form set out in the Second Schedule hereto or in a form
to the like effect.

3. A declaration under these Regulations shall be of no effect
unless it is made before one of the following persons

(i) In England, Wales or Northern Ireland

Any justice of the peace or any commissioner authorized
to administer oaths in the Supreme Court;

(ii) In Scotland-

Any sheriff, sheriff-substitute or justice of the peace;

(iii)In the Channel Islands. the Isle of Man, Newfoundland or any
colony. in any British protectorate or British protected state,
or in any territory administered by His Majesty's government
in the United Kingdom under the trusteeship system of the
United Nations

Any judge of any court of civil or criminal jurisdiction,
any justice of the peace or magistrate, or any person for the
time being authorized by law, in the place where the declarant
is, to administer an oath for any judicial or other legal
purpose;

(iv)In any other country forming part of His Majesty's dominions
or in any territory administered by the government of any
such country in accordance with a mandate from the League
of Nations or under the .trusteeship system of the United
Nations

(a) 11 Geo. 6. c. 3.





Any person for the time being authorized by law, in the
place where the declarant is, to administer an oath for any
judicial or other legal purpose;

(v) Elsewhere

Any consular officer of His Majesty's government in the
United Kingdom or, if there is no such consular officer, any
person authorized in that behalf by the Secretary of State.

4. (1) A declaration under these Regulations shall be of no effect
unless it is registered

(i)if it is made in a colony, a British protectorate or a territory
administered by His Majesty's government in the United
Kingdom under the trusteeship system of the United
Nations, in such place as the Governor thereof may appoint;

(ii) if it is made elsewhere, in London at the Home Office.

(2)- When such a declaration is registered in a colony, a British
protectorate or a territory administered by His Majesty's government in
the United Kingdom under the trusteeship system of the United
Nations, -the Governor thereof shall cause a copy of the declaration to
be sent to the Home Office in London.

(3) In this Regulation the expression 'Governor', in relation to a
colony, a British protectorate or a territory administered by His
Majesty's government in the United Kingdom under the trusteeship
system of the United Nations, includes the officer for the time being
administering the government of that colony, protectorate or territory,
and the person for the time being exercising the functions of British
Resident at Zanzibar.

5. These Regulations may be cited as the Burma Independence
(Retention of British Nationality) Regulations 1948.

J. CHUTER EDE,
One of His Majesty's Principal
Secretaries of State.

HOME OFFICE,
WHITEHALL.. 14th
July, 1948.





FIRST SCHEDULE

BURMA INDEPENDENCE ACT 1947, SECTION 2(2).

Declaration of election to remain a British subject made by a person who was
immediately before the 4th January, 1948, domiciled or ordinarily resident
in a country or place mentioned in section 2(2) of the Act.*

1, A.B., [here insert address of declarant], was born at on

I was immediately before the fourth day of January, 1948, a British subject by
reason of the fact that

[II the declarant was not born in Burma or anywhere in His Majesty's
dominions, here state the grounds on which he claims to have been a British
subject.]

On the said fourth day of January, 1948, 1 ceased to be a British subject under
the provisions of subsection (1) of section 2 of the Burma Independence Act
1947.

Immediately before that day I was domiciled [or ordinarily resident] in

I hereby elect to remain a British subject.

1 have the following children under eighteen years of age at the date of this
declaration who also ceased to be British subjects on the said fourth day of January,
1948, in accordance with the said provisions:

[Here insert name of each child, with place and date of birth.]

I desire that the above-named children shall remain British subjects,

except the following::

[Here insert names of any children who are not to remain British subjects.]

I, A.B., do solemnly and sincerely declare that the foregoing particulars stated
in this declaration are true, and I make this solemn declaration conscientiously
believing the same to be true.

(Signed) A.B.

Made and subscribed thisday of
before me,
(Signed) XY.,
[Justice of the Peace,
Commissioner or
other official title.]

The countries and places so mentioned are---

(a) any part of the United Kingdom;

(b) any of the Channel Islands;

(c) the Isle of Man:

(d) Newfoundland;

(e) any colony:

(f)any territory In respect of which a mandate from the League of Nations was accepted by His Majesty.
being a territory under the sole administration of His majesty's government in the United Kingdom:







(9)any territory administered under the trusteeship system of the United Nations, being a territory under the
sole administration of His Majesty's government in the United Kingdom;

(h) any British protectorate;

(1) any British protected state outside Burma;

(j)any other Chee outside Burma in which, by treaty, capitulation, grant, usage. sufferance or other lawful
means. His Majesty has jurisdiction over British subjects.





SECOND SCHEDULE.

BURMA INDEPENDENCE ACT 1947, SECTION 2(3).

Declaration of election to remain a British subject made by a person who

was not immediately before the 4th January, 1948, domiciled or

ordinarily resident in a country or place mentioned in section 2(2) of

the Act.*

1, AR, of [here insert address of declarant], was born at on

I was immediately before the fourth day of January, 1948, a British subject by
reason of the fact that

[If the declarant was not born in Burma or anywhere in His Majesty's
dominions, here state the grounds on which he claims to have been a British
subject.]

On the said fourth day of January, 1948, 1 ceased to be a British subject under
the provisions of subsection (1) of section two of the Burma Independence Act
1947.

I was not immediately before that day domiciled or ordinarily resident in any
of the countries or places mentioned in subsection (2) of that section*.

I did not on that day become, or become qualified to become, a citizen of
Burma.

I hereby elect to remain a British subject.

1 have the he following children under eighteen years of age at the date of
this declaration who also ceased to be British subjects on the said fourth day of
January, 1948, in accordance with the said 'provisions

[Here insert name of each child, with place and date of birth

1 desire that the above-named children shall remain British subjects, except
the following,+':

. [Here insert names of any children who are not to remain British subjects.]

1, AR, do solemnly and sincerely declare that the foregoing particulars stated
in this declaration are true, and I make this solemn declaration conscientiously
believing the same to be true. .

(Signed) A.B.

Made and subscribed thisday of
before me,
(Signed) XY.,
[Justice of the Peace, Commissioner
or
other official title.]-

Pursuant to Section 4(1)(i) of the above regulations, His Excellency
the Governor has appointed the Colonial Secretariat as a place for the
registration of declarations under these Regulations.

The countries and places so mentioned are--(a) any part of the United Kingdom; (b) any of the Channel
islands; (c) the Isle of Man; (d) Newfoundland; (e) any colony; (f) any territory in respect of which a
mandate from the League of Nations was accepted by His Majesty, being a territory under the sole
administration of His Majesty's government in the United Kingdom; (g)







any territory administered under the trusteeship system of the United Nations, being a territory
under the sole- administration of His Majesty's government in the United Kingdom:

(h) any British protectorate:

(i) any British protected state outside Burma;

(i)any other place outside Burma in which. by treaty, capitulation, grant, usage, sufferance or other
lawful means. His Majesty has jurisdiction over British subjects.





1951 No. 1170.

THE LUXEMBOURG (EXTRADITION)
ORDER IN COUNCIL 1951.

Made - - - - 29th June, 1951.

Laid before Parliament - 29th June, 1951.

Coming into Operation - 9th July, 1951.

At the Court at Windsor, the 29th day of June, 1951.
Present,
The King's Most Excellent Majesty in Council.

WHEREAS by the Extradition Acts 1870-1935(a), (hereinafter referred
to as the Acts) it is enacted that where an arrangement has been made
with any foreign State with respect to the surrender to such State of any
fugitive criminals. His Majesty may. by Order in Council, direct that the
Acts shall apply in the case of such foreign State; and that His Majesty
may. by the same or any subsequent Order, limit the operation of the
Order and restrict the same to fugitive criminals who are in or suspected
of being in the part of His Majesty's dominions specified in the Order,
and render the operation thereof subject to such conditions, exceptions
and qualifications as may be deemed expedient;

AND WHEREAS a Treaty(b) was signed on the 24th day of
November, 1880, between Her late Majesty Queen Victoria and His late
Majesty King William of the Netherlands, Grand Duke of Luxembourg,
for the mutual extradition of fugitive criminals; and was duly ratified.,

AND WHEREAS a supplementary Convention(c) was signed on the
29th day of May,. 1939. between His Majesty and Her Royal Highness
the Grand Duchess of Luxembourg. which Convention is in the terms
following

His Majesty the King of Great Britain. Ireland and the British
Dominions beyond the Seas, Emperor of India, and Her Royal Highness
the Grand Duchess of Luxembourg, desiring to make further provision
for the reciprocal extradition of fugitive criminals have resolved to
conclude a supplementary Convention to this end and for this purpose
have appointed as their plenipotentiaries:

His Majesty the King of Great Britain, Ireland and the British
Dominions beyond the Seas, Emperor of India,

(a) 33 & 34 Vict. c. 52; 36 & 37 Vict. c. 60; 58 & 59 Vict. c. 33;

6 Edw. 7. c. 15; 22 & 23 Geo. 5. c. 39; 25 & 26 Geo. 5. c. 25.

(b) Cmd. 2803.

(c) Cmd. 6087.





For Great Britain and Northern Ireland:

The Right Honourable Sir Robert Henry Clive, Knight Grand
Cross of The Most Distinguished Order of Saint Michael
and Saint George, Envoy Extraordinary and Minister
Plenipotentiary to Her Royal Highness The Grand
Duchess of Luxembourg;

Her Royal Highness the Grand Duchess of Luxembourg,

Mr. Joseph Bech, Grand Cross of the Order of Adolph of
Nassau, Grand Officer of the Order of the Oaken Crown,
&c., her Minister for Foreign Affairs;

Who, having communicated to each other their full powers found
in good and due form. have agreed as follows

ARTICLE 1.

From the date of the coming into force of the present Convention,
Article 2 of the Extradition Treaty signed at Luxembourg on the 24th
November.. 1880, shall be amended by the addition of the following
clause

'Extradition may also be granted at the discretion of the High
Contracting Party applied to in respect of any othercrime or offence
for which, according to the laws for the time being in force in the
territories from which and to which extradition is desired, the grant
may be made.'

ARTICLE 2.

The foregoing amendment shall apply to extradition proceedings
between Luxembourg on the one hand and. on the other hand, the
following territories, that is to say, the United Kingdom of Great Britain
and Northern Ireland (including the Channel Islands and the Isle of
Man), Newfoundland, British Colonies, British Protectorates and British-
protected States to which the Extradition Treaty of the 24th November.
1880. applies, and all mandated territories to which the said Treaty
extends and in respect of which the mandate is exercised by His
Majesty's Government in the United Kingdom of Great Britain and
Northern Ireland.

ARTICLE 3.

The High Contracting Parties agree that His Majesty The King may
accede to the present Convention in respect of any other member of the
British Commonwealth of Nations, whose Government may desire that
such accession be effected. by a notice given to that effect by the
appropriate diplomatic representative of His Majesty. From the date that
such notice comes





into effect the amendment set forth in Article 1 shall apply to extradition
proceedings between Luxembourg on the one hand, and on the other
the territory of the member of the Commonwealth concerned.

Any notice given under the first paragraph of this Article in respect
of any member of the British Commonwealth of Nations may include any
territory in respect of which a mandate on behalf of the League of
Nations has been accepted by His Majesty and is exercised by the
Government of the member concerned.

ARTICLE 4.

The present Convention shall be ratified. The ratifications shall be
exchanged in Brussels as soon as possible.

ARTICLE 5.

The present Convention shall enter into force three months after
the exchange of ratifications and shall have the same duration as the
Extradition Treaty of the 24th November, 1880.

In faith whereof the above-named plenipotentiaries have signed
the present Convention and have affixed thereto their seals.

Done in duplicate in English and French at Luxembourg the twenty-
ninth day of May in the year of our Lord one thousand nine hundred
and thirty-nine.

For Great Britain and Northern Ireland.

(L.S.) R. H. Clive.

For the Grand Duchy of Luxembourg,

(L.S.) Beck

AND WHEREAS the ratifications of the said supplementary
Convention were exchanged at Brussels on the 3rd day of August,
1949;

Now, THEREFORE, His Majesty, in exercise of the powers
conferred on Him by the Acts, is pleased. by and with the advice of His
Privy Council, to order, and it is hereby ordered, as follows

1. The Acts shall apply in the case of Luxembourg under and in
accordance with the said Treaty as supplemented by the said
Convention as above set forth.

2. The operation of this Order is restricted to the United Kingdom
of Great Britain and Northern Ireland, the Channel Islands, the Isle of
Man, and the Colonies.

3. This Order may be cited as the Luxembourg (Extradition) Order in
Council 1951. It shall come into operation on the 9th day of July, 195 1.

E. C. E. LEADBITTER





1980 No. 1514

MERCHANT SHIPPING

THE MERCHANT SHIPPING ACT 1979
(HONG KONG) ORDER 1980

Made 13th October 1980

Laid before Parliament 21st October 1980

Coming into Operation 1st December 1980

At the Court at Buckingham Palace, the 13th day of October 1980

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections
15(1), 19(2) and 47(1) of the Merchant Shipping Act 1979(a) and all other
powers enabling Her in that behalf, is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows

.1. This Order may be cited as the Merchant Shipping Act 1979
(Hong Kong) Order 1980 and shall come into operation on 1st
December 1980.

2. The provisions of sections 14, 17, 18. 19(1), 50, 51 and 52 of, and
Schedules 3, 4 and 5 and Part 1 of Schedule 7 to, the Merchant Shipping
Act 1979, modified as in the Schedule hereto, shall extend to Hong
Kong.

3. Save as is expressly provided otherwise therein, any reference in
the Schedule to this Order to any enactment of the United Kingdom
shall be construed as a reference to that enactment as applying or
extended to Hong Kong.

N. E. LEIGH,
Clerk of the Privy Council.

SCHEDULE TO THE ORDER Article 2.

THE MERCHANT SHIPPING ACT 1979

Carriage of passengers and luggage by sea

14. (1) The provisions of the Convention relating to the Carriage of
Passengers and their Luggage by Sea as set out in Part 1 of Schedule 3 to this Act
(hereafter in this section and in Parts 11 and Ill of that Schedule referred to as
'the Convention') shall have the force of law in Hong Kong.

(a) 1979 c. 39.





(2) The provisions of Part 11 of that Schedule shall have effect in
connection with the Convention and the preceding subsection shall have effect
subject to the provisions of that Part.

(3) On and after the date when this subsection and Part 111 of Schedule 3 to
this Act come into force Parts I and 11 of that Schedule shall have effect with the
modifications specified in the said Part III.

(6) Nothing in subsection (1), (2) or (3) of this section shall affect any rights
or liabilities arising out of an occurrence which took place before the day on which
the said subsection (1), (2) or (3) comes into force.

(7) This section shall bind the Crown.

Liability of shipowners and salvors

17. (1) The provisions of the Convention on Limitation of Liability for
Maritime Claims 1976 as set out in Part 1 of Schedule 4 to this Act (hereafter in
this section and in Part II of that Schedule referred to as 'the Convention') shall
have the force of law in Hong Kong.

(2) The provisions of Part II of that Schedule shall have effect in connection
with the Convention, and the preceding subsection shall have effect subject to the
provisions of that Part.

18. (1) Subject to subsection (3) of this section, the owner of a British ship
shall not be liable for any loss or damage in the following cases, namely

(a)where any property on board the ship is lost or damaged by reason of
fire on board the ship; or

(b)where any gold, silver, watches, jewels or precious stones on board the
ship are lost or damaged by reason of theft, robbery or other dishonest
conduct and their nature and value were not at the time of shipment
declared by their owner or shipper to the owner or master of the ship in
the bill of lading or otherwise in writing.

(2) Subject to subsection (3) of this section, where the loss or damage arises
from anything done or omitted by any person in his capacity as master or member
of the crew or (otherwise than in that capacity) in the course of his employment
as a servant of the owner of the ship, the preceding subsection shall also exclude
the liability of

(a) the master, member of the crew or servant; and

(b)in a case where the master or member of the crew is the servant of a
person whose liability would not be excluded by that subsection apart
from this paragraph, the person whose servant he is.

(3) This section does not exclude the liability of any person for any loss or
damage resulting from any such personal act or omission of his as is mentioned in
article 4 of the Convention in Part I of Schedule 4 to this Act.

(4) In this section 'owner', in relation to a ship, includes any part owner and
any charterer, manager or operator of the ship.

19. (1) The enactments mentioned in Schedule 5 to this Act shall have effect
with the amendments there specified (which are consequential on sections 17 and
18 of this Act).

Supplemental

50. (1) This Act shall be construed one with the Merchant Shipping Acts
1894 to 1977.







(IA) Nothing in sections 17 and 18 of, or Schedule 4 to, this Act shall apply
in relation to any liability arising out of an occurrence which took place before the
coming into force of those sections, and section 19(1) of, and Schedule 5 to, this
Act shall not affect the operation of any enactment in relation to such an
occurrence.





(4) The enactments mentioned in the first and second columns of Part I of
Schedule 7 to this Act are hereby repealed to the extent specified in the third
column of that Part of that Schedule; but nothing in that Part of that Schedule
shall affect the operation of any enactment in relation to such an occurrence as
mentioned in subsection (1A) of this section.

51. (2) The Secretary for Monetary Affairs shall be entitled to charge a
reasonable fee for any certificate given by or on behalf of the Secretary for
Monetary Affairs in pursuance of any provision contained in paragraph 4. of Part
III of Schedule 3 or paragraph 7 of Part II of Schedule 4 to this Act

52. (1) This Act may be cited as the Merchant Shipping Act 1979 and this
Act and the Merchant Shipping Acts 1894 to 1977 may be cited together as the
Merchant Shipping Acts 1894 to 1979.

(2) This Act shall come into force on such day as the Governor may appoint
by order, and different days may be appointed in pursuance of this subsection for
different provisions of this Act or for difrerent purposes of the same provision.

SCHEDULE 3 TO THE ACT

CONVENTION RELATING TO THE CARRIAGE OF PASSENGERS
AND THEIR LUGGAGE BY SEA

PART I

TEXT OF CONVENTION

ARTICLE 1

Definitions

In this Convention the following expressions have the meaning hereby
assigned to them:

1. (a)'carrier' means a person by or on behalf of whom a contract of
carriage has been concluded, whether the carriage is actually
performed by him or by a performing carrier;

(b)'performing carrier means a person other than the carrier, being the
owner, charterer or operator of a ship, who actually performs the
whole or a part of the carriage;

2. 'contract of carriage' means a contract made by or on behalf of a carrier
for the carriage by sea of a passenger or of a passenger and his luggage, as the case
may be;

3. 'ship' means only a seagoing vessel, excluding an air-cushion vehicle;

4. 'passenger' means any person carried in a ship,'

(a) under a contract of carriage, or

(b)who, with the consent of the carrier, is accompanying a vehicle or
live animals which are covered by a contract for the carriage of
goods not governed by this Convention;

5. 'luggage' means any article or vehicle carried by the carrier under a
contract of carriage, excluding:

(a)articles and vehicles carried under a charter party, bill of lading or other
contract primarily concerned with the carriage of goods, and

(b) live animals;

6. 'cabin luggage' means luggage which the passenger has in his cabin or is
otherwise in his possession, custody or control. Except for the application of
paragraph 8 of this Article and Article 8, cabin luggage includes luggage which the
passenger has in or on his vehicle;





7. 'loss of or damage to luggage' includes pecuniary loss resulting from the
luggage not having been re-delivered to the passenger within a reasonable time
after the arrival of the ship on which the luggage has been or should have been
carried, but does not include delays resulting from labour disputes;

8. 'carriage' covers the following periods.:

(a)with regard to the passenger and his cabin luggage, the period during
which the passenger andior his cabin luggage are on board the ship or in
the course of embarkation or disembarkation, and the period during
which the passenger and his cabin luggage are transported by water from
land to the ship or vice-versa, if the cost of such transport is included in
the fare or if the vessel used for the purpose of auxiliary transport has
been put at the disposal of the passenger by the carrier. However, with
regard to the passenger, carriage does not include the period during which
he is in a marine terminal or station or on a quay or in or on any other
port installation;

(b)with regard to cabin luggage, also the period during which the passenger is
in a marine terminal or station or on a quay or in or on any other port
installation if that luggage has been taken over by the carrier or his
servant or agent and has not been re-delivered to the passenger;

(c)with regard to other luggage which is not cabin luggage, the period from
the time of its taking over by the carrier or his servant or agent onshore
or on board until the time of its redelivery by the carrier or his servant
or agent;

9. 'international carriage' means any carriage in which, according to the
contract of carriage, the place of departure and the place of destination are
situated in two different States, or in a single State if, according to the contract of
carriage or the scheduled itinerary, there is an intermediate port of call in another
State;

ARTICLE 2

Application

1. This Convention shall apply to any international carriage if:

(a)the ship is flying the flag of or is registered in a State Party to this
Convention, or

(b)the contract of carriage has been made in a State Party to this
Convention, or

(c)the place of departure or destination, according to the contract of
carriage, is in a State Party to this Convention.

2. Notwithstanding paragraph 1 of this Article, this Convention shall not
apply when the carriage is subject, under any other international convention
concerning the carriage of passengers or luggage by another mode of transport, to
a civil liability regime under the provisions of such convention, in so far as those
provisions have mandatory application to carriage by sea.

ARTICLE 3

Liability of the carrier

1. The carrier shall be liable for the damage suffered as a result of the death of
or personal injury to a passenger and the loss of or damage to luggage if the
incident which caused the damage so suffered occurred in the course of the carriage
and was due to the fault or neglect of the carrier or of his servants or agents acting
within the scope of their employment.







2. The burden of proving that the incident which caused the loss or
damage occurred in the course of the carriage, and the extent of the loss or
damage, shall lie with the claimant.





3. Fault or neglect of the carrier or of his servants or agents acting within the
scope of their employment shall be presumed, unless the contrary is proved, if the
death of or personal injury to the passenger or the loss of or damage to cabin
luggage arose from or in connection with the shipwreck, collision, stranding,
explosion or fire, or defect in the ship. In respect of loss of or damage to other
luggage, such fault or neglect shall be presumed, unless the contrary is proved,
irrespective of the nature of the incident which caused the loss or damage. In all
other cases the burden of proving fault or neglect shall he with the claimant.

ARTICLE 4

Performing carrier

1. If the performance of the carriage or part thereof has been entrusted to a
performing carrier, the carrier shall nevertheless remain liable for the entire
carriage according to the provisions of this Convention. In addition, the
performing carrier shall be subject and entitled to the provisions of this
Convention for the part of the carriage performed by him.

2. The carrier shall, in relation to the carriage performed by the performing
carrier, be liable for the acts and omissions of the performing carrier and of his
servants and agents acting within the scope of their employment.

3. Any special agreement under which the carrier assumes obligations not
imposed by this Convention or any waiver of rights conferred by this Convention
shall affect the performing carrier only if agreed by him expressly and in writing.

4. Where and to the extent that both the carrier and the performing carrier
are liable, their liability shall be joint and several.

5. Nothing in this Article shall prejudice any right of recourse as between the
carrier and the performing carrier.

ARTICLE 5

Valuables

The carrier shall not be liable for the loss of or damage to monies, negotiable
securities, gold, silverware, jewellery, ornaments, works of art, or other valuables,
except where such valuables have been deposited with the carrier for the agreed
purpose of safe-keeping in which case the carrier shall be liable up to the limit
provided for in paragraph 3 of Article 8 unless a higher limit is agreed upon in
accordance with paragraph 1 of Article 10.

ARTICLE 6

Contributory fault

If the carrier proves that the death of or personal injury to a passenger or the
loss of or damage to his luggage was caused or contributed to by the fault or neglect
of the passenger, the court seized of the case may exonerate the carrier wholly or
partly from his liability in accordance with the provisions of the law of that court.



ARTICLE 7

Limit of liability for personal injury

1. The liability of the carrier for the death of or personal injury to a
passenger shall in no case exceed 700,000 francs per carriage. Where in
accordance with the law of the court seized of the case damages are awarded in the
form of periodical income payments, the equivalent capital value of those
payments shall not exceed the said limit.







2. Notwithstanding paragraph 1 of this Article, the national law of any State
Party to this Convention may fix, as far as carriers who are nationals of such State
are concemed, a higher per capita limit of liability.





ARTICLE 8

Limit of liability for loss of or damage to luggage

1. The liability of the carrier for the loss of or damage to cabin luggage shall
in no case exceed 12,500 francs per passenger, per carriage.

2. The liability of the carrier for the loss of or damage to vehicles including
all luggage carried in or on the vehicle shall in no case exceed 50,000 francs per
vehicle, per carriage.

3. The liability of the carrier for the loss of or damage to luggage other than
that mentioned in paragraphs 1 and 2 of this Article shall in no case exceed 18,000
francs per passenger, per carriage.

4. The carrier and the passenger may agree that the liability of the carrier
shall be subject to a deductible not exceeding 1,750 francs in the case of damage to
a vehicle and not exceeding 200 francs per passenger in the case of loss of or
damage to other luggage, such sum to be deducted from the loss or damage.

ARTICLE 9

Monetary unit and conversion

1. The franc mentioned in this Convention shall be deemed to refer to a unit
consisting of 65.5 milligrams of gold of millesimal fineness 900.

2. The amounts referred to in Articles 7 and 8 shall be converted into the
national currency of the State of the court seized of the case on the basis of the
official value of that currency, by reference to the unit defined in paragraph 1 of
this Article, on the date of the judgment or the date agreed upon by the parties.

ARTICLE 10

Supplementary provisions on limits of liability

1. The carrier and the passenger may agree, expressly and in writing, to higher
limits of liability than those prescribed in Articles 7 and 8.

2. Interest on damages and legal costs shall not be included in the limits of
liability prescribed in Articles 7 and 8.

ARTICLE 11

Defences and limits for carriers' servants

If an action is brought against a servant or agent of the carrier or of the
performing carrier arising out of damage covered by this Convention. such servant
or agent, if he proves that he acted within the scope of his employment, shall be
entitled to avail himself of the defences and limits of liability which the carrier or
the performing carrier is entitled to invoke under this Convention.

ARTICLE 12

Aggregation of claims

1. Where the limits of liability prescribed in Articles 7 and 8 take ffect they
shall apply to the aggregate of the amounts recoverable in all claims arising out of
the death of or personal injury to any one passenger or the loss of or damage to his
luggage.

2. In relation to the carriage performed by a performing carrier, the aggregate
of the amounts recoverable from the carrier and the performing carrier and from
their servants and agents acting within the scope of their employment shall not
exceed the highest amount which could be awarded against either the carrier or the






performing carrier under this Convention, but none of the persons mentioned shall
be liable for a sum in excess of the limit applicable to him.





3. In any case where a servant or agent of the carrier or of the performing
carrier is entitled under Article 11 of this Convention to avail himself of the limits
of liability prescribed in Articles 7 and 8, the aggregate of the amounts recoverable
from the carrier, or the performing carrier as the case may be, and from that
servant or agent, shall not exceed those limits.

ARTICLE 13

Loss of right to limit liability

1. The carrier shall not be entitled to the benefit of the limits of liability
prescribed in Articles 7 and 8 and paragraph 1 of Article 10, if it is proved that the
damage resulted from an act or omission of the carrier done with the intent to
cause such damage, or recklessly and with knowledge that such damage would
probably result.

2. The servant or agent of the carrier or of the performing carrier shall not
be entitled to the benefit of those limits if it is proved that the damage resulted
from an act or omission of that servant or agent done with the intent to cause
such damage, or recklessly and with. knowledge that such damage would probably
result.

ARTICLE 14

Basis for claims

No action for damages for the death of or personal injury to a passenger, or
for the loss of or damage to luggage, shall be brought' against a carrier or
performing carrier otherwise than in accordance with

this Convention.

ARTICLE 15

Notice of loss or damage to luggage

1. The passenger shall give written notice to the carrier or his agent:

(a) in the case of apparent damage to luggage:

(i) for cabin luggage, before or at the time of disembarkation of the
passenger;

(ii) for all other luggage, before or at the time of its re-delivery;

(b) in the case of damage to luggage which is not apparent, or loss

of luggage, within fifteen days from the date of disembarkation or re-
delivery or from the time when such re-delivery should have taken place.

2. If the passenger fails to comply with this Article, he shall be presumed,
unless the contrary is proved, to have received the luggage undamaged.

3. The notice in writing need not be given if the condition of the luggage has
at the time of its receipt been the subject of joint survey or inspection.

ARTICLE 16

Time-bar for actions

1. Any action for damages arising out of the death of or personal injury to a
passenger or for the loss of or damage to luggage shall be time-barred after a
period of two years.

2. The limitation period shall be calculated as follows:







(a) in the case of personal injury, from the date of disembarkation

of the passenger;





(b)in the case of death occurring during carriage, from the date when the
passenger should have disembarked, and in the case of personal injury
occurring during carriage and resulting in the death of the passenger after
disembarkation, from the date of death, provided that this period shall
not exceed three years from the date of disembarkation;

(c)in the case of loss of or. damage to luggage, from the date of
disembarkation or from the date when disembarkation should have taken
place, whichever is later.

3. The law of the court seized of the case shall govern the grounds of
suspension and interruption of limitation periods, but in no case shall an action
under this Convention be brought after the expiration of a period of three years
from the date of disembarkation of the passenger or from the date when
disembarkation should have taken place, whichever is later.

4. Notwithstanding paragraphs 1, 2 and 3 of this Article, the period of
limitation may be extended by a declaration of the carrier or by agreement of the
parties after the cause of action has arisen. The declaration or agreement shall be in
writing.

ARTICLE 17

Competent jurisdiction

1. An action arising under this Convention shall, at the option of the
claimant, be brought before one of the courts listed below, provided that the court
is located in a State Party to this Convention:

(a)the court of the place of permanent residence or principal place of
business of the defendant, or

(b)the court of the place of departure or that of the destination according to
the contract of carriage, or

(c)a court of the State of the domicile or permanent residence of the
claimant, if the defendant has a place of business and is subject to
jurisdiction in that State, or

(d)a court of the State where the contract of carriage was made. if the
defendant has a place of business and is subject to jurisdiction in that
State.

2. After the occurrence of the incident which has caused the damage, the
parties may agree that the claim for damages shall be submitted to any jurisdiction
or to arbitration.

ARTICLE 18

Invalidity of contractual provisions

Any contractual provision concluded before the occurrence of the incident
which has caused the death of or personal injury to a passenger or the loss of or
damage to his luggage, purporting to relieve the carrier of his liability towards the
passenger or to prescribe a lower limit of liability than that fixed in this
Convention except as provided in paragraph 4 of Article 8, and any such provision
purporting to shift the burden of proof which rests on the carrier, or having the
effect of restricting the option specified in paragraph 1 of Article 17, shall be null
and void, but the nullity of that provision shall not render void the contract of
carriage which shall remain subject to the provisions of this Convention.

ARTICLE 19

Other conventions on limitation of liability







This Convention shall not modify the rights or duties of the carrier, the
performing carrier, and their servants or agents provided for in international
conventions relating to the limitation of liability of owners of seagoing ships.





ARTICLE 20

Nuclear damage

No liability shall arise under this Convention for damage caused by a nuclear
incident:

(a)if the operator of a nuclear installation is liable for such damage under
either the Paris Convention of 29 July 1960 on Third Party Liability in
the Field of Nuclear Energy as amended by its Additional Protocol of 28
January 1964, or the Vienna Convention of 21 May 1963 on Civil
Liability for Nuclear Damage, or

(b)if the operator of a nuclear installation is liable for such damage by
virtue of a national law governing the liability for such damage, provided
that such law is in all respects as favourable to persons who may suffer
damage as either the Paris or the Vienna Conventions.

ARTICLE 21

Commercial carriage by public authorities

This Convention shall apply to commercial carriage undertaken by States or
Public Authorities under contracts of carriage within the meaning of Article 1.

PART II

PROVISIONS HAVING EFFECT IN CONNECTION WITH
CONVENTION

Interpretation

1. In this Part of this Schedule any reference to a numbered article is a
reference to the article of the Convention which is so numbered and any
expression to which a meaning is assigned by article 1 of the Convention has that
meaning.

Provisions adapting or supplementing specified articles of the Convention

2. For the purposes of paragraph 2 of article 2, provisions of such an
international convention as is mentioned in that paragraph which apart from this
paragraph do not have mandatory application to carriage by sea shall be treated as
having mandatory application to carriage by sea if it is stated in the contract of
carriage for the carriage in question that those provisions are to apply in
connection with the carriage.

3. The reference to the law of the court in article 6 shall be construed as a
reference to section 21 of the Law Amendment and Reform (Consolidation)
Ordinance(a).

4. The Governor may by order provide that, in relation to a carrier whose
principal place of business is in Hong Kong, paragraph 1 of article 7 shall have
effect with the substitution for the limit for the time being specified in that
paragraph of a different limit specified in the order (which shall not be lower than
the limit specified in that paragraph at the passing of this Act or, if paragraph 1 of
Part III of this Schedule has come into force, specified in paragraph 1 of article 7.
as amended by paragraph 1 of that Part).

5. The values which in pursuance of article 9 shall be considered as the official
values in Hong Kong of the amounts in francs for the time being specified in
articles 7 and 8 shall be such amounts in dollars as the Governor may from time to
time by order specify.

6. It is hereby declared that by virtue of article 12 the limitations on liability
there mentioned in respect of a passenger or his luggage apply
to the aggregate liabilities of the persons in question in all proceedings for
enforcing the liabilities or any of them which may be brought whether in Hong
Kong or elsewhere.

(a) Laws of Hong Kong Revised Ed.

1971. Cap. 23.





7. Article 16 shall apply to an arbitration as it applies to an action under
section 34(3) and (4) of the Limitation Ordinance(a).

8. The court before which proceedings are brought in pursuance of article 17
to enforce a liability which is limited by virtue of article 12 may at any stage of the
proceedings make such orders as appear to the court to be just and equitable in view
of the provisions of article 12 and of any other proceedings which have been or are
likely to be begun in Hong Kong or elsewhere to enforce the liability in whole or in
part; and without prejudice to the generality of the preceding provisions of this
paragraph such a court shall, where the liability is or may be partly enforceable in
other proceedings in Hong Kong or elsewhere, have jurisdiction to award an amount
less than the court would have awarded if the limitation applied solely to the
proceedings before the court or to make any part of its award conditional on the
results of any other proceedings.

Other provisions adapting or supplementing the Convention

9. Any reference in the Convention to a contract of carriage excludes a
contract of carriage which is not for reward.

10. If Her Majesty by Order in Council made by virtue of this paragraph as it
applies in the United Kingdom declares that any State specified in the Order is a
party to the Convention in respect of a particular country the Order shall, subject
to the provisions of any subsequent Order made by virtue of this paragraph as it
applies in the United Kingdom be conclusive evidence that the State is a party to
the Convention in respect of that country.

11. The Governor may by order make provision-

(a)for requiring a person who is the carrier in relation to a passenger to give
to the passenger, in a manner specified in the order, notice of such of the
provisions of Part I of this Schedule as are so specified;

(b)for a person who fails to comply with a requirement imposed on him by
the order to be guilty of an offence and liable on summary conviction to
a fine of an amount not exceeding 5,500 Hong Kong dollars.
Application of ss. 502 and 503 of Merchant Shipping Act 1894 (b) and
sections 17 and 18 of this Act

12. Nothing in section 502 of the Merchant Shipping Act 1894 or section 18
of this Act (which among other things limit a shipowner's liability for the loss or
damage of goods in certain cases) shall relieve a person of any liability imposed on
him by the Convention.

13. It is hereby declared that nothing in the Convention affects the operation
of section 503 of the Merchant Shipping Act 1894 or section 17 of this Act
(which limit a shipowner's liability in certain cases of loss of life, injury or damage).

PART III

MODIFICATIONS OF PARIS I AND II IN CONSEQUENCE OF
PROTOCOL
OF 19TH NOVEMBER 1976

1. In Part I of this Schedule, in article 7 of the Convention, for the words
'700,000 francs' or any other words which, by virtue of paragraph 4 of Part II of
this Schedule, are specified in that article in the place of those words there shall be
substituted the words '46,666 ' 666 units of account'.

2. In the said Part 1, in article 8 of the Convention, for the word 'francs'
wherever it occurs there shall be substituted the words 'units of (a) Laws of Hong Kong
Revised

Ed. 1976. Cap. 347.
(b) 1894 c. 60.





account- and for the figures 12,500% 50,000 '18,000', '1,750' and '200' there
shall be substituted respectively the figures '833', '3,333', '1,200', '117' and
'13'.

3. In the said Part I for article 9 there shall be substituted the following

ARTICLE 9

Unit of account and conversion

The Unit of Account mentioned in this Convention is the Special Drawing
Right as defined by the International Monetary Fund. The amounts mentioned in
Articles 7 and 8 shall be converted into the national currency of the State of the
Court seized of the case on the basis of the value of that currency on the date of
the judgment or the date agreed upon by the Parties.

4. In Part II of this Schedule for paragraph 5 there shall be substituted the
following--

5. (1) For the purposes of articles 7 to 9 the Secretary for Monetary
Affairs may specify in Hong Kong dollars the respective amounts which are
to be taken as equivalent for a particular day to the sums expressed in special
drawing rights in those articles.

(2) A certificate given by or on behalf of the Secretary for Monetary
Affairs in pursuance of paragraph (1) above shall be conclusive evidence of
those matters for the purposes of articles 7 to 9 of the Convention; and a
document purporting to be such a certificate shall, in any proceedings, be
received in evidence and, unless the contrary is proved, be deemed to be such a
certificate.

SCHEDULE 4 TO THE ACT

CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS
1976

PART I

TEXT OF CONVENTION

CHAPTER I. THE RIGHT OF LIMITATION

ARTICLE 1

Persons entitled to limit liability

1. Shipowners and salvors, as hereinafter defined, may limit their liability in
accordance with the rules of this Convention for claims set out in Article 2.

2. The term 'shipowner' shall mean the owner, charterer, manager or
operator of a seagoing ship.

3. Salvor shall mean any person rendering services in direct connexion with
salvage operations. Salvage operations shall also include operations referred to in
Article 2, paragraph 1(d), (e) and (f).

4. If any claims set out in Article 2 are made against any person for whose
act, neglect or default the shipowner or salvor is responsible, such person shall be
entitled to avail himself of the limitation of liability provided for in this
Convention.

5. In this Convention the liability of a shipowner shall include liability in an
action brought against the vessel herself.

6. An insurer of liability for claims subject to limitation in accordance with






the rules of this Convention shall be entitled to the benefits of this Convention to
the same extent as the assured himself.

7. The act of invoking limitation of liability shall not constitute an admission
of liability.





ARTICLE 2

Claims subject to limitation

1. Subject to Articles 3 and 4 the following claims, whatever the basis of
liability may be, shall be subject to limitation of liability:

(a)claims in respect of loss of life or personal injury or loss of or damage to
property (including damage to harbour works, basins and waterways and
aids to navigation), occurring on board or in direct connection with the
operation of the ship or with salvage operations, and consequential loss
resulting therefrom;

(b)claims in respect of loss resulting from delay in the carriage by sea of
cargo, passengers or their luggage;

(c)claims in respect of other loss resulting from infringement of rights other
than contractual rights, occurring in direct connexion with the operation
of the ship or salvage operations;

(d)claims in respect of the raising, removal, destruction or the rendering
harmless of a ship which is sunk, wrecked, stranded or abandoned,
including anything that is or has been on board such ship;

(e)claims in respect of the removal, destruction or the rendering harmless of
the cargo of the ship;

(f)claims of a person other than the person liable in respect of measures
taken in order to avert or minimize loss for which the person liable may
limit his liability in accordance with this Convention, and further loss
caused by such measures.

2. Claims set out in paragraph 1 shall be subject to limitation of liability even
if brought by way of recourse or for indemnity under a contract or otherwise.
However, claims set out under paragraph 1(d), (e) and (1) shall not be subject to
limitation of liability to the extent that they relate to remuneration under a
contract with the person liable.

ARTICLE 3

Claims excepted from limitation

The rules of this Convention shall not apply to:

(a) claims for salvage or contribution in general average;

(b)claims for oil pollution damage within the meaning of the International
Convention on Civil Liability for Oil Pollution Damage dated 29th
November 1969 or of any amendment or Protocol thereto which is in
force;

(c)claims subject to any international convention or national legislation
governing or prohibiting limitation of liability. for nuclear damage;

(d)claims against the shipowner of a nuclear ship for nuclear damage;

(e)claims. by servants of the shipowner or salvor whose duties are connected
with the ship or the salvage operations, including claims of their heirs,
dependants or other persons entitled to make such claims, if under the law
governing the contract of service between the shipowner or salvor and
such servants the shipowner or salvor is not entitled to limit his liability in
respect of such claims, or if he is by such law only permitted to limit his
liability to an amount greater than that provided for in Article 6.

ARTICLE 4







Conduct barring limitation

A person liable shall not be entitled to limit his liability if it is proved that the
loss resulted from his personal act or omission, committed with the intent to cause
such loss, or recklessly and with knowledge that such loss would probably result.





ARTICLE 5

Counterclaims

Where a person entitled to limitation of liability under the rules of this
Convention has a claim against the claimant arising out of the same occurrence,
their respective claims shall be set off against each other and the provisions of this
Convention shall only apply to the balance, if any.

CHAPTER II. LIMITS OF LIABILITY

ARTICLE 6

The general limits

1. The limits of liability for claims other than those mentioned in Article 7,
arising on any distinct occasion, shall be calculated as follows:

(a) in respect of claims for loss of life or personal injury,

(i) 333,000 Units of Account for a ship with a tonnage not exceeding
500 tons,

(ii) for a ship with a tonnage in excess thereof, the following amount in
addition to that mentioned in (i):

for each ton from 501 to 3,000 tons, 500 Units of

Account;

for each ton from 3,001 to 30,000 tons, 333 Units of

Account;

for each ton from 30,001 to 70,000 tons, 250 Units of

Account; and

for each ton in excess of 70,000 tons, 167 Units of

Account,

(b) in respect of any other claims,

(i)167,000 Units of Account for a ship with a tonnage not exceeding
500 tons,

(ii) for a ship with a tonnage in excess thereof the following amount in
addition to that mentioned in (i): for each ton from 501 to 30,000
tons, 167 Units of

Account;

for each ton from 30,001 to 70,000 tons, 125 Units of

Account; and
for each ton in excess of 70,000 tons, 83 Units of

Account.

2. Where the amount calculated in accordance with paragraph 1(a) is
insufficient to pay the claims mentioned therein in full, the amount calculated in
accordance with paragraph 1(b) shall be available for payment of the unpaid
balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably
with claims mentioned under paragraph 1(b).







4. The Emits of liability for any salvor not operating from any ship or for
any salvor operating solely on the ship to, or in respect of which he is rendering
salvage services, shall be calculated according to a tonnage of 1,500 tons.

ARTICLE 7

The limit for passenger claims

1. In respect of claims arising on any distinct occasion for loss of life or
personal injury to passengers of a ship, the limit of liability of the shipowner
thereof shall be an amount of 46,666 Units of Account multiplied by the number
of passengers which the ship is authorized to carry according to the ship's
certificate, but not exceeding 25 million Units of Account.

2. For the purpose of this Article 'claims for loss of life or personal

injury to passengers ot a ship: shall mean any such claims brought by or on behalf
of any person carried in that ship:





(a) under a contract of passenger carriage; or

(b)who, with the consent of the carrier, is accompanying a vehicle or live
animals which are covered by a contract for the carriage of goods.

ARTICLE 8

Unit of Account

1. The Unit of Account referred to in Articles 6 and 7 is the Special Drawing
Right as defined by the International Monetary Fund. The amounts mentioned in
Articles 6 and 7 shall be converted into the national currency of the State in which
limitation is sought, according to the value of that currency at the date the
limitation fund shall have been constituted, payment is made, or security is given
which under the law of that State is equivalent to such payment.

ARTICLE 9

Aggregation of claims

1. The limits of liability determined in accordance with Article 6 shall apply
to the aggregate of all claims which arise on any distinct occasion:

(a)against the person or persons mentioned in paragraph 2 of Article
and any person for whose act, neglect or default he or they are
responsible; or

(b)against the shipowner of a ship rendering salvage services from that ship
and the saIvor or salvors operating from such ship and any person for
whose act, neglect or default he or they are responsible; or

(c)against the salvor or salvors who are not operating from a ship or who
are operating solely on the ship to, or in respect of which, the salvage
services are rendered and any person for whose act,. neglect or default he
or they are responsible.

2. The limits of liability determined in accordance with Article 7 shall apply
to the aggregate of all claims subject thereto which may arise on any distinct
occasion against the person or persons mentioned in paragraph 2 of Article 1 in
respect of the ship referred to in Article 7 and any person for whose act, neglect or
default he or they are responsible.

ARTICLE 10

Limitation of liability without constitution of a limitation fund

1. Limitation of liability may be invoked notwithstanding that a limitation
fund as mentioned in Article 11 has not been constituted.

2. If limitation of liability is invoked without the constitution of a limitation
fund, the provisions of Article 12 shall apply correspondingly.

3. Questions of procedure arising under the rules of this Article shall be
decided in accordance with the national law of the State Party in which action is
brought.

CHAPTER III. Tine LIMITATION FUND

ARTICLE 11

Constitution of the fund

1. Any person alleged to be liable may constitute a fund with the Court or
other competent authority in any State Party in which legal proceedings are
instituted in respect of claims subject to limitation. The fund shall be constituted in
the sum of such of the amounts set out in





Articles 6 and 7 as are applicable to claims for which that person may be liable,
together with interest thereon from the date of the occurrence giving rise to the
liability until the date of the constitution of the fund. Any fund thus constituted
shall be available only for the payment of claims in respect of which limitation of
liability can be invoked.

2. A fund may be constituted, either by depositing the sum, or by producing a
guarantee acceptable under the legislation of the State Party where the fund is
constituted and considered to be adequate by the Court or other competent
authority.

3. A fund constituted by one of the persons mentioned in paragraph 1(a), (b)
or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by all
persons mentioned in paragraph 1(a), (b) or (c) or paragraph 2, respectively.

ARTICLE 12

Distribution of the fund

1. Subject to the provisions of paragraphs 1 and 2 of Article 6 and of Article
7, the fund shall be distributed among the claimants in proportion to their
established -claims against the fund.

2. If, before the fund is distributed, the person liable, or his insurer, has settled
a claim against the fund such person shall, up to the amount he has paid, acquire by
subrogation the rights which the person so compensated would have enjoyed under
this Convention.

3. The right of subrogation provided for in paragraph 2 may also be exercised
by persons other than those therein mentioned in respect of any amount of
compensation which they may have paid, but only to the extent that such
subrogation is permitted under the applicable national law.

4. Where the person liable or any other person establishes that he may be
compelled to pay, at a later date, in whole or in part any such amount of
compensation with regard to which such person would have enjoyed a right of
subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before
the fund was distributed, the Court or other competent authority of the State
where the fund has been constituted may order that a sufficient sum shall be
provisionally set aside to enable such person at such later date to enforce his claim
against the fund.

ARTICLE 13

Bar to other actions

1. Where a limitation fund has been constituted in accordance with Article
11, any person having made a claim against the fund shall be barred from
exercising any right in respect of such a claim against any other assets of a person
by or on behalf of whom the fund has been constituted.

2. After a limitation fund has been constituted in accordance with Article 11,
any ship or other property, belonging to a person on behalf of whom the fund has
been constituted, which has been arrested or attached within the jurisdiction of a
State Party for a claim which may be raised against the fund, or any security given,
may be released by order of the Court or other competent authority of such State.
However, such release shall always be ordered if the limitation fund has been
constituted:

(a)at the port where the occurrence took place, or, if it took place out of
port, at the first port of call thereafter; or

(b)at the port of disembarkation in respect of claims for lose of life or
personal injury; or







(c) at the port of discharge in respect of damage to cargo; or

(d) in the State where the arrest is made.

3. The rules of paragraphs 1 and 2 shall apply only if the claimant may bring
a claim against the limitation fund before the Court administering that fund and
the fund is actually available and freely transferable in respect of that claim.





ARTICLE 14

Governing law

Subject to the provisions of this Chapter the rules relating to the constitution
and distribution of a limitation fund, and all rules of procedure in connection
therewith, shall be governed by the law of the State Party in which the fund is
constituted.

CHAPTER IV. SCOPE OF APPLICATION

ARTICLE 15

This Convention shall apply wherever any person referred to in Article 1
seeks to limit his liability before the Court of a State Party or seeks to procure the
release of a ship or other property or the discharge of any security given within the
jurisdiction of any such State.

PART II

PROVISIONS HAVING EFFECT IN CONNECTION WITH
CONVENTION

Interpretation

1. In this Part of this Schedule any reference to a numbered article is a
reference to the article of the Convention which is so numbered.

Right to limit liability

2. The right to limit liability under the Convention shall apply in relation to
any ship whether seagoing or not, and the definition of 'shipowner' in paragraph 2
of article 1 shall be construed accordingly.

Claims subject to limitation

3. (1) Paragraph 1(d) of article 2 shall not apply unless provision has been
made by an order of the Governor for the setting up and management of a fund to
be used for the making to harbour or conservancy authorities of payments needed
to compensate them for the reduction, in consequence of the said paragraph 1(d),
of. amounts recoverable by them in claims of the kind there mentioned, and to be
maintained by contributions from such authorities raised and collected by them in
respect of vessels in like manner as other sums so raised by them.

(2) Any order under sub-paragraph (1) above m ay contain such incidental and
supplemental provisions as appear to the Governor. to be necessary or expedient.

(3) If immediately before the coming into force of section 17 of this Act an
order is in force under section 2(6) of the Merchant Shipping (Liability of
Shipowners and Others) Act 1958(a) (which contains provisions corresponding to
those of this paragraph) that order shall have effect as if made under this
paragraph.

Claims excluded from limitation

4. (1) The claims excluded from the Convention by paragraph (b) of article 3
are claims in respect of any liability incurred under section 1 of the Merchant
Shipping (Oil Pollution) Act 1971(b).

(2) The claims excluded from the Convention by paragraph (c) of article 3
are claims made by virtue of any of sections 7 to 11 of the Nuclear Installations
Act 1965(c).

(a) 1958 c. 62; S.I.
196311632. (b) 1971 c.






59; S.I. 197512169. (c)
1965 c. 57; S.I. 19721126.





The general limits

5. (1) In the application of article 6 to a ship with a tonnage less than 300
tons that article shall have effect as if

(a) paragraph (a)(i) referred to 166,667 Units of Account; and

(b) paragraph (b)(i) referred to 83,333 Units of Account.

(2) For the purposes of article 6 and this paragraph a ship's tonnage shall be
its gross tonnage calculated in such manner as may be prescribed by an order made
by the Governor.

(3) Any order under this paragraph shall, so far as appears to the Governor to
be practicable, give effect to the regulations in Annex I of the International
Convention on Tonnage Measurement of Ships 1969.

Limit for passenger claims

6. (1) In the case of a passenger steamer within the meaning of Part III of
the Merchant Shipping Act 1894(a) the ship's certificate mentioned in
paragraph 1 of article 7 shall be the passenger steamer's certificate issued under
section 274 of that Act.

(2) In paragraph 2 of Article 7 the reference to claims brought on behalf of a
person includes a reference to any claim in respect of the death of a person under
the Fatal Accidents Ordinance(b).

Units of Account

7. (1) For the purposes of articles 6 and 7 the Secretary for Monetary Affairs
may specify in Hong Kong dollars the respective amounts which are to be taken as
equivalent for a particular day to the sums expressed in special-drawing rights in
those articles.

(2) A certificate given by or on behalf of the Secretary for Monetary Affairs
in pursuance of paragraph (1) above shall be conclusive evidence of those matters
for the purposes of those articles; and a document purporting to be such a
certificate shall, in any proceedings, be received in evidence and, unless the
contrary is proved, be deemed to be such a certificate.

Constitution of fund

8. (1) The Governor may from time to time by order prescribe the rate of
interest to be applied for the purposes of paragraph 1 of article 11.

(2) Where a fund is constituted with the court in accordance with article 11
for the payment of claims arising out of any occurrence, the court may stay any
proceedings relating to any claim arising out of that occurrence which are pending
against the person by whom the fund has been constituted.

Distribution of fund

9. No lien or other right in respect of any ship or property shall affect the
proportions in which under article 12 the fund is distributed among several
claimants.

Bar to other actions

10. Where the release of a ship or other property is ordered under paragraph
2 of article 13 the person on whose application it is ordered to be released shall be
deemed to have submitted to the jurisdiction of the court to adjudicate on the claim
for which the ship or property was arrested or attached.

Meaning of 'court'







11. References in the Convention and the preceding provisions of this Part of
this Schedule to the court are references to the High Court of Justice of Hong
Kong.

(a) 1894 c. 60.

(b) Laws of Hong Kong Revised
Ed. 1970, Cap. 22.





Meaning of 'ship'

12. References in the Convention and in the preceding provisions of this Part
of this Schedule to a ship include references to any structure (whether completed or
in course of completion) launched and intended for use in navigation as a ship or
part of a ship.

Meaning of 'State Party'

13. An Order in Council made for the purposes of this paragraph as it applies
in the United Kingdom and declaring that any State specified in the Order is a party
to the Convention shall, subject to the provisions of any subsequent Order made
for those purposes, be conclusive evidence that the State is a party to the
Convention.

SCHEDULE 5 TO THE ACT

LIABILITY OF SHIPOWNERS AND SALVORS: CONSEQUENTIAL
AMENDMENTS

The Merchant Shipping (Liability of Shipowners and Others) Act 1900(a)

1. (1) In section 2(1) of the Merchant Shipping (Liability of Shipowners and
Others) Act 1900 for the reference to the actual fault or privity of the owners or
authority there shall be substituted a reference to any such personal act or omission
of the owners or authority as is mentioned in article 4 of the Convention in Part I
of Schedule 4 to this Act.

(2) The limit of liability under that section shall be ascertained by applying to
the ship mentioned in subsection (1) the method of calculation specified in
paragraph 1(b) of article 6 of the Convention read with paragraph 5(1) and (2) of
Part II of that Schedule.

(3) Articles 11 and 12 of the Convention in Part 1 of that Schedule and
paragraphs 8 and 9 of Part II of that Schedule shall apply for the purposes of that
section.

The Carriage of Goods by Sea Act 1971(b)

5. In section 6(4) of the Carriage of Goods by Sea Act 1971 for the words
from 'section 50T' to '1958' there shall be substituted the words ,.section 18 of
the Merchant Shipping Act 1979 (which'.

The Merchant Shipping (Oil Pollution) Act 1971

6. (1) In sections 5(4)(b) and 7(b) of the Merchant Shipping (Oil Pollution)
Act 1971 for the words 'the Merchant Shipping (Liability of Shipowners and
Others) Act 1958' there shall be substituted the words 'the Merchant Shipping Act
1979'.

(2) For section 15(2) of that Act there shall be substituted

'(2) For the purposes of section 17 of the Merchant Shipping Act 1979
(limitation of liability) any liability incurred under this section shall be deemed
to be a liability in respect of such damage to property as is mentioned in
paragraph 1(a) of article 2 of the Convention in Part I of Schedule 4 to that
Act.'.

SCHEDULE 7 TO THE ACT

ENACTMENTS REPEALED

PART 1

ENACTMENTS RELATING TO LIABILITY OF SHIPOWNERS AND
SALVORS

Chapter Short title Extent of repeal
1894 c. 60.The Merchant Shipping Part VIII.
Act 1894.

1900 c. 32.The Merchant Shipping Section 2(2) and (3).
(Liability of Ship-
owners and Others)

Act 1900.

(a) 1900 c. 32. (b)
1971 c. 19.





Chapter Short titleExtent of repeal
1906 c. 48. The Merchant Shipping Section 69.

Act 1906.
1911 c. 42. The Merchant Shipping Section 1(2).
Act 1911.

1921 c. 28. The Merchant Shipping In section 1 the words 'and
Act 1921. VIII,,.

1958 c. 62. The Merchant Shipping The whole Act except section

(Liability of Ship- 11 so far as applying to the
owners and Others) Merchant Shipping (Liability
Act 1958. of Shipowners and Others)
Act 1900.
1965 c. 57. The Nuclear Installa- In section 14(1) the words from
tions Act 1965. 'and section 503' to 'ship-
owners)'.
1971 c. 59. The Merchant Shipping Section 4(1)(a)

(Oil Pollution) Act Section 1A.
1971.

1974 c. 43. The Merchant Shipping Section 4(1)(c)(ii) together with
Act 1974.the word 'or' preceding it.

Section 9.





1952 No. 155.

THE HONG KONG ROYAL NAVAL VOLUNTEER
RESERVE ORDER 1952.

Made............ 30th January, 1952.

At the Court at Buckingham Palace, the 30th day of
January, 1952.

Present,

The King's Most Excellent Majesty in Council.

WHEREAS the Governor of Hong Kong (hereinafter called 'the
Governor') with the advice and consent of the Legislative Council
thereof (hereinafter called 'the Legislature') has enacted the Royal
Hong Kong Defence Force Ordinance 1951 whereby provision is made,
among other things, for raising and maintaining a force for the Naval
Defence of Hong Kong called the Hong Kong Royal Naval Volunteer
Reserve (hereinafter called 'the Reserve

AND WHEREAS the Governor, with the advice and consent of the
Legislature has, in exercise of powers conferred by the Colonial Naval
Defence Acts 1931 and 1949(a) (hereinafter called 'the Acts') and
otherwise vested in the Legislature enacted the Hong Kong Royal Naval
Volunteer Reserve (General Service) Ordinance 1951 for the discipline.
service and training of the Reserve. for maintaining and using vessels of
war, and for placing the officers and men of the Reserve and the vessels
of war at the disposal of His Majesty for general service in the Royal
Navy;

AND WHEREAS it is provided by the Acts that no provision made
in exercise of any power conferred by the Acts shall have effect unless
or until it is approved by His Majesty in Council;

AND WHEREAS under the powers conferred on Him by the Acts
His Majesty in Council may, on such conditions as He may think fit,
authorize the Admiralty to accept any offer made by the Government of
Hong Kong to place the officers and men of the Reserve and the vessels
of war as aforesaid at I-lis Majesty's disposal for general service in the
Royal Navy;

NOW, THEREFORE, His Majesty, in exercise of the powers
conferred on Him by the Acts, is pleased, by and with the advice of His
Privy Council to order, and it is hereby ordered as follows:

1. This Order may be cited as the Hong Kong Royal Naval
Volunteer Reserve Order 1952.

(a) 21 & 22 Geo. 5. c. 9 and 12, 13 & 14 Geo. 6. c. 18.





2. Approval is hereby given to the provisions of the Ordinance of
the. Legislature entitled the Hong Kong Royal Naval Volunteer Reserve.
(General Service) Ordinance 1951 made in exercise of the powers
conferred by the Acts.

3. The Admiralty is hereby authorized to accept any offer made by
the Government of Hong Kong to place at His Majesty's disposal for
general service in the Royal Navy the whole or any number of the
officers or men of the Reserve raised under the Royal Hong Kong
Defence Force Ordinance 1951, and any vessel of war maintained under
the Hong Kong Royal Naval Volunteer Reserve (General Service)
Ordinance 1951.

F. J. FERNAU.





1952 No. 862.

JAPAN.

THE JAPANESE TREATY OF PEACE ORDER 1952.

Made 29th April, 1952.

Laid before Parliament - 30th April, 1952.

Coming into Operation - 7th May, 1952.

At the Court at Windsor Castle. the 29th day of April, 1952.

Present,

The Queen's Most Excellent Majesty in Council.

WHEREAS at San Francisco on the eighth day of September,
nineteen hundred and fifty-one, a Treaty of Peace with Japan
(hereinafter referred to as---theTreaty') and a Protocol thereto
(hereinafter referred to as 'the Protocol') were signed on behalf of His
late Majesty:

AND WHEREAS by Section 1 of the Japanese Treaty of Peace Act
1951(a) (hereinafter referred to as 'the Act') it was provided that His
late Majesty might make such appointments, establish such offices,
make such Orders in Council and do such things as should appear to
Him to be necessary for carrying out the Treaty and Protocol, and for
giving effect to any of the provisions thereof, and that any Order in
Council made under the Act might provide that persons contravening or
failing to comply with the provisions of the Order should be guilty of
offences against that Section, and that (except in so far as any such
Order might provide for lesser penalties) any person guilty of an offence
against that Section should be liable to such penalties as were therein
mentioned:

AND WHEREAS the Treaty and Protocol contain the provisions
set out in the First Schedule to this Order, and it is expedient for giving
effect to the aforesaid provisions of the Treaty and Protocol that the
provisions herein contained should have effect:

AND WHEREAS by treaty, grant, usage, sufferance or other lawful
means Her Majesty has jurisdiction in the territories specified in the
Second Schedule hereto, which territories are in this Order together
referred to as 'the Protected Territories-, and

is pleased by virtue and in exercise of the power vested in Her by the
Foreign Jurisdiction Act 1890(b), or otherwise to extend the provisions
of this Order to the Protected Territories.

(a) 15 & 16 Geo. 6. c. 6. (b)
53 & 54 Vict. c. 37.





Now, THEREFORE, Her Majesty, in pursuance of the said Section
and of all other powers enabling Her in that behalf, is pleased. by and
with the advice of Her Privy Council, to order, and it is hereby ordered,
as follows

1. (1) In this Order-

(i)'The Dominions' means Canada, Australia, New Zealand, the
Union of South Africa, Pakistan and Ceylon and also includes
any territory administered by the Government of any of those
Dominions.

(ii) 'Japanese persons' means

(a) the Japanese State and the Sovereign of Japan;

(b)a Japanese national, that is to say, a subject or citizen of
Japan or any body of persons (whether corporate or
unincorporate) constituted or incorporated according to
the laws of Japan or any of its dependent territories;

(c)any person acting for or on behalf of the Japanese State,
the Sovereign of Japan or a Japanese national; or

(d)any body of persons (whether corporate or
unincorporate) owned or controlled by the Japanese
State, the Sovereign of Japan or a Japanese national.

(iii)'Japanese property' means any property, rights or interests
within Her Majesty's dominions (except the Dominions) and
the Protected Territories, belonging to a Japanese person and
shall include any property, rights or interests which belonged
to or were held or managed on behalf of a Japanese person at
the time such property, rights or interests became vested in or
payable to a Custodian of Enemy Property or otherwise
became subject to control by the Board of Trade under the
Trading with the Enemy Act 1939(c) together, with the net
proceeds of the sale, liquidation or other dealings by a
Custodian of Enemy Property with any such property. rights
or interests and any income derived by any such Custodian
directly therefrom but shall not include

(a)any property, rights or interests specified in
subparagraph 2 (11) of paragraph (a) of Article 14 of the
Treaty; or

(b)any property. rights or interests which are the subject of
proceedings in any British Prize Court; or

(c)any moneys received by a Custodian of Enemy Property
by virtue of any investment made by him

(c) 2 & 3 Geo. 6. c. 89.





in pursuance of the powers conferred upon him by the
Trading with the Enemy Investment Order 1940(d).

(iv)'Property, rights and interests' means real and personal
property. and any estate or interest in real or personal
property, any negotiable instrument, any debt or other chose
in action, and any other right or interest, whether in
possession or not.

(2) Any reference to the Trading with the Enemy Act 1939 shall be
construed as a reference to that Act as amended by or under any other
Act.

(3) The Interpretation Act 1889(e) applies for the interpretation of
this Order as it applies for the interpretation of an Act of Parliament.

2. So far as they are by their nature capable of so doing the
provisions of the Treaty and Protocol set out in the First Schedule
hereto shall be and have effect as law.

3. (1) The Board of Trade may. subject to the consent of the
Treasury, appoint on such terms as they may specify an Administrator
who shall be a corporation sole under the name of the Administrator of
Japanese Property and is in this Order referred to as 'the
Administrator'.

(2) The Administrator shall be assisted by such officers and
servants as the Board of Trade, subject to the consent of the Treasury,
determine and there shall be paid by the Board of Trade to the
Administrator and to such officers and servants such salaries or other
remuneration as the Treasury may determine.

4. (1) The Administrator shall act under the general direction of the
Board and shall have the powers conferred upon him and the duties
imposed upon him by this Order and by any other Order in Council
made under the Act and may do all such things as he may consider
necessary or desirable for carrying out the powers and duties so
conferred and imposed.

(2) The Administrator may sue or be sued in the name of the
Administrator of Japanese Property.

(3) The Administrator shall have an official seal and power to hold
land without licence in mortmain.

(4) The seal of the Administrator shall be authenticated by the
signature of the Administrator or some other person authorized by the
Administrator to act in that behalf.

(d) S.R. & 0. 1940 (No. 1113) 1, p. 1052. (e)
52 & 53 Vict. c. 63.





(5) Any contract or instrument which, being entered into or
executed by a person not being a body corporate, would not require to
be under seal, may be entered into or executed on behalf of the
Administrator by any person generally or specially authorized by him for
that purpose.

(6) Any document purporting to be a document duly executed or
issued under the seal of the Administrator authenticated as aforesaid or
purporting to be signed by the Administrator or any person authorized
to act on his behalf, unless the contrary be proved, shall be deemed to
be a document so executed or issued or so signed, as the case may be.

5. (1) Where any right or interest in the estate of a deceased person
is Japanese property, the Administrator may act in the administration of
the estate, and the Court having jurisdiction to grant letters of
administration of the estate may grant such letters to the Administrator
by the name of the Administrator of Japanese Property, and, for that
purpose, the Court shall consider the Administrator as in law entitled
equally with any other person or class of persons to obtain the grant of
letters of administration.

(2) The Administrator shall be treated as, and shall have the
powers of, a trust corporation for the purposes of the Law of Property
Act 1925(f), the Settled Land Act 1925(g). the Trustee Act 1925(h), the
Administration of Estates Act 1925(i), and the Supreme Court of
Judicature (Consolidation) Act 1925(j).

6. (1) If any person, other than a Custodian of Enemy Property,
without the consent of the Administrator transfers, disposes of. or
otherwise deals with any Japanese property, he shall be guilty of an
offence under Section 1 of the Act. and any such transfer, disposal or
dealing shall be void; provided that it shall be a defence for any person
charged with an offence under this paragraph to prove that he did not
know and had reasonable cause for not knowing that such property was
Japanese property or that he had reasonable cause for believing that any
necessary consents had been obtained.

(2) No Japanese property shall be liable to be attached or taken in
execution.

7. Every person holding or having the control or management of
any Japanese property or owing any debt which is Japanese property
(including. when the Japanese property consists of shares, stock or
other securities issued by a company. municipal

(f) 15 & 16 Geo. 5. c. 20.

(g) 15 & 16 Geo. 5. c. 18.
(h) 15 & 16 Geo. 5. c. 19.

(i) 15 & 16 Geo. 5. c. 23.
(j) 15 & 16 Geo. 5. c. 49.





authority or other body, or any right or interest therein, such
company. authority or body) shall, unless -particulars thereof have
already been furnished to a Custodian of Enemy Property in
accordance with the Trading with the Enemy Act 1939. or Orders
made thereunder, within three months from the date upon which
this Order comes into operation by notice in writing communicate
the fact to the Administrator and shall furnish the Administrator
with such particulars in relation thereto as the Administrator may
require.

8. (1) If it appears to the Administrator expedient so to do
for the purpose of collecting Japanese property or discharging any
of his other functions, the Administrator may, by notice in
writing-
(a)require any person to produce, at a time and place
specified in the notice, to the Administrator, or to any
person nominated by him for the purpose, any books or
documents specified or described in the notice being
books or documents which are in his custody or under
his control. or
(b)require any person to furnish to the Administrator such
returns, accounts or other information as may be specified
or described in the notice, and specify the time, the
manner and the form in which any such returns, accounts
or information are to be furnished.

(2) The Administrator may take copies of any books or
documents produced under sub-paragraph (a) of the foregoing
paragraph.

9. (1) Any person having the possession, control or manage-
ment of any Japanese property transferable by delivery shall, on
being so required by the Administrator. deliver the property to
him and the Administrator shall have power to sell or otherwise
deal with the property so delivered to him.

(2) When Japanese property consists of any sum of money
due to a Japanese person it shall be paid to the Administrator who
shall have power to enforce payment thereof, and for that purpose
shall have all such rights and powers as if he were the creditor.

(3) When Japanese property consists of any property, rights
or interests in the possession of a Custodian of Enemy Property,
that Custodian shall, on being so required by the Administrator,
either sell the property and pay the proceeds thereof to the
Administrator or deliver, transfer or pay the property to the
Administrator and the Administrator shall have power to sell or
otherwise deal with the property so delivered, transferred or paid
to him.

(4) A certificate by the Administrator that any property.
rights or interests are Japanese property shall be prima facie





evidence of the facts stated in the certificate, and where any requirement
or demand for payment by the Administrator as aforesaid is
accompanied by such a certificate, a Custodian, or any other person in
possession of property transferable by delivery, or the person by whom
a sum of money is due, shall comply with the requirement or demand and
shall not be liable to any action or legal proceeding in respect of such
compliance, but if it is subsequently proved that the property, rights or
interests are not Japanese property. the owner thereof shall be entitled to
recover the same from the Administrator. or if it has been sold the
proceeds of sale. but not to any other remedy.

10. (1) The Board of Trade may by Order vest in the Administrator
any Japanese property. or the right to transfer the same. Any Order so
made by the Board is hereinafter referred to as a 'Westing Order'.

(2) Administrator shall have such rights, powers, duties and
liabilities with regard to the Japanese property, or the right to transfer
the same, vested in him by a Vesting Order as are prescribed by the
Vesting Order.

(3) A Vesting Order as respects property of any description shall be
of the like purport and effect as a vesting order as respects property of
the same description made by the High Court under the Trustee Act
1925 and shall be sufficient to vest in the Administrator any property or
the right to transfer any property as provided by the Vesting Order
without the necessity for any further conveyance, assurance or
document.

(4) Any power conferred by this Order to make a Vesting Order
shall be construed as including a power, exercisable in the like manner.
to vary or revoke the Order.

11. (1) The Administrator shall not be bounded by any provision in
any article of association. bye-law or other rule governing a company or
other body which restricts the right to transfer shares, stock or other
securities or imposes any conditions as to the price at which. or the
person to whom, shares, stock or other securities are to be offered or
sold.

(2) Where in exercise of the powers conferred on him the
Administrator executes a transfer of any shares. stock or securities the
company or other body in whose book the shares, stock or securities are
registered shall, upon the receipt of the transfer so executed by the
Administrator and upon being required by him so to do, register the
shares. stock or securities in the name of the Administrator or other
transferee notwithstanding any regulation or stipulation of the company
or other body, and notwithstanding that the Administrator is not in
possession of the certificate, scrip or other document of title relating to
the shares. stock or securities transferred, but such registration shall be
without prejudice to





any lien or charge in favour of the company or other body, or to any
other lien or charge of which the Administrator or a Custodian of Enemy
Property has notice.

12. If any person called upon to pay any money or to transfer or
otherwise deal with any property, rights or interests has reason to
suspect that the same are Japanese property he shall before paying,
transferring or dealing with the same report the matter to the
Administrator and shall comply with any directions that the
Administrator may give in respect thereto.

13. In any proceedings by the Administrator to recover a debt, a
statement of facts verified by an affidavit made by the Administrator or
any other person authorized by him shall be prima facie evidence of the
facts therein stated.

14. The Administrator shall. subject as hereinafter provided, retain
out of the Japanese property or the proceeds thereof vested in or
collected or received by him under this Order such sum as, subject to
the consent of the Treasury, he may consider necessary to cover
expenses and the amount for which he may be liable in respect of any
proceedings or claims and to enable him to repay to the Board of Trade
the salaries and other remuneration paid by the Board under Article 3
(2) hereof, and subject thereto shall hold and deal with the said
Japanese property and the proceeds thereof in such manner as the
Treasury shall direct.

15. Any Japanese property or the proceeds thereof may-

(a)on the direction of the Treasury be transferred by the
Administrator in accordance with any arrangements that have
been made by or on behalf of Her Majesty's Government in
the United Kingdom with the Government of any other
country or any person acting on their behalf for the resolution
of conflicting claims to Japanese property; and

(b)on the direction of the Board of Trade be released from the
provisions of this Order.

16. The time at which the periods of prescription or limitation of
right of action or of the right to take conservatory measures in respect
of relations affecting persons or property referred to in Paragraph 1 of
Part B of the Protocol shall begin again to run, shall be the date of the
coming into force of the Treaty, subject, in the case of any period of
limitation of right of action, to any provision of the Limitation (Enemies
and War Prisoners) Act 1945(k) fixing a later date; except that in the
case of the periods fixed for the presentation of interest or dividend
coupons or for the presentation for payment of securities drawn for
repay

(k) 8 & 9 Geo. 6. c. 16.





ment or repayable on any other ground, the period shall begin to run
again on the date when money becomes available for payment to the
holder of the coupon or security.

17. The period to be allowed within which presentation of
negotiable instruments for acceptance or payment and notice of non-
acceptance or non-payment or protest may be made under Paragraph 2
of Part C of the Protocol shall be the period ending the 31st day of
December, 1952.

18. Any person who-

(a)without reasonable excuse fails to comply with any
requirement made by or under this Order to furnish
information or to produce books or documents; or

(b)knowingly or recklessly makes a statement which is false in a
material particular in giving information for the purpose of this
Order or any Vesting Order or for the purposes of obtaining
any authority or sanction under this Order;

shall be guilty of an offence under Section 1 of the Act.

19. (1) Accounts shall be prepared by the Administrator, in such
form and manner and at such time as the Treasury may direct, of the
sums received and the sums paid by him in pursuance of this Order or
any direction given thereunder and the Comptroller and Auditor-General
shall examine and certify every such account.

(2) The Comptroller and Auditor-General shall lay copies of every
such certified account, together with his report thereon, before both
Houses of Parliament.

20. (1) This Order shall apply to the whole of Her Majesty's
dominions (except the Dominions) and to the Protected Territories.

(2) In its application to any part of Her Majesty's dominions which
is outside the United Kingdom of Great Britain and Northern Ireland. the
Channel Islands and the Isle of Man, and in its application to the
Protected Territories, this Order shall be subject to such modifications
as may be made by the legislatures of those parts or the Protected
Territories for adapting to the circumstances thereof the provisions of
this Order.

(3) In the application of this Order to any part of Her Majesty's
dominions which is outside the United Kingdom of Great Britain and
Northern Ireland, the Channel Islands and the Isle of Man, or to any of
the Protected Territories

(i)any reference to 'the Administrator' shall be construed as a
reference to the Administrator appointed for the territory in
question;





(ii)any reference to 'the Board of Trade' or to 'the Treasury'
shall be construed as a reference to the Governor or Officer
administering the Government of the territory in question;

reference to such Japanese property as is situate within the
territory in question;

(iv)any reference to the Trading with the Enemy Act 1939, to the
Trading with the Enemy Investment Order 1940 or to the
Limitation (Enemies and War Prisoners) Act 1945, shall be
construed as a reference to the corresponding legislation (if
any) in force in the territory in question.

21. In the application of this Order to Scotland-

(a)for any reference to the granting of letters of administration of
an estate there shall be substituted a reference to the granting
of confirmation as executor on the estate;

(b)for any reference in Paragraph (3) of Article 10 to a Vesting
Order made by the High Court under the Trustee Act 1925
there shall be substituted a reference to a warrant to complete
title granted under section twenty-two of the Trusts
(Scotland) Act 1921(1); and

(c)the expression 'real and personal property- means heritable
and movable property and the expression 'attached or taken
in execution' means arrested in execution or in security or
otherwise affected by diligence.

22. In the application of this Order to Northern Ireland-

(a)for any reference to the Trustee Act 1925 shall be substituted
a reference to the Trustee Act 1893(m);

(b)any reference to a company shall be construed as including a
company incorporated under the law of Northern Ireland.,

(c)for Paragraph (2) of Article 5 there shall be substituted the
following Paragraph

'(2) The Administrator shall be treated as, and shall have
the powers of, a trust corporation within the meaning of the
Probate and Letters of Administration Act (Northern Ireland)
1933(n).';

(d)the reference in Paragraph (3) of Article 10 to the High Court
shall be construed as a reference to the High Court of Justice
in Northern Ireland.

(1) 11 & 12 Geo. 5. c. 58. (m) 56 &
57 Vict. c. 53. (n) 23 & 24 Geo. 5.
c. 16 (N.I.)





23. In the application of this Order to the Channel Islands-

(a)in Article 26 for the reference to the 7th day of May, 1952,
there shall be substituted a reference to the day on which the
Order is registered in the appropriate Court;

(b)any reference to the Trading with the Enemy Act 1939 shall be
construed as a reference to that Act as extended to the
Channel Islands by the Trading with the Enemy (Channel
Islands) Order in Council 1940(o);

(c)no transfer under this Order of any real property situate in the
Channel Islands shall have effect until registered in the Public
Registry of Deeds of the Island in which the property is
situate, by order of the Court thereof;

(d)for Paragraph (3) of Article 10 there shall be substituted the
following Paragraph

'(3) A Vesting Order as respects property of any
description shall upon registration by the Royal Court be
sufficient to vest in the Administrator any property or the
right to transfer any property as provided by the Vesting
Order without the necessity for any further conveyance.
assurance or document.';

and all Orders made by the Board of Trade under this Order
shall be communicated to the Bailiff of Jersey or Guernsey, as
the case may be, and shall be presented by him to the Royal
Court of Jersey or the Royal Court of the Bailiwick of
Guernsey, as the case may be, for registration and no such
Order shall come into force until so registered;

(e)any proceedings under Paragraph (4) of Article 9 for the
recovery of any property situate in the Channel Islands shall
be brought in the appropriate Court and process against the
Administrator in any such proceedings shall be sufficiently
served if addressed to the Administrator and served at the
Offices of the Law Officers of the Crown for Jersey or
Guernsey, as the case may be;

for Article 5 there shall be substituted the following Article

'5. Where any right or interest in the personal estate of a
deceased person is Japanese property,-the Court having
jurisdiction to grant letters of administration of the estate
shall, at the request in writing of the Administrator and upon
the production of the certificate of the Administrator
specifying the right or interest which is Japanese property and
whether or not a previous grant of such letters has been made
in respect of that estate, grant such letters as respects such
Japanese

(o) S.R. & 0. 1940 (No. 87) 1, p. 1045.





property to the Administrator by the name of the
Administrator of Japanese Property without requiring the
Administrator or any sureties to enter into an administration
bond and thereupon the Administrator shall be exclusively
entitled to act in the administration of that estate in so far as
such Japanese property is concemed.'.

In this Article 'Guernsey' means the Bailiwick of Guernsey
and 'the appropriate Court' means, in relation to Jersey, the
Royal Court of Jersey and. in relation to Guernsey. the Royal
Court of Guernsey. *

24. In the application of this Order to the Isle of Man-

(a)any reference to the Trading with the Enemy Act 1939 shall be
construed as a reference to that Act as it extends to the Isle of
Man;

(b)in Paragraph (3) of Article 10 for the words 'the High Court
under the Trustee Act 1925' there shall be substituted the
words 'the High Court, Chancery Division, under the Trustee
Act 1937 (being an Act of Tynwald)';

(c)for Paragraph (2) of Article 5 there shall be substituted the
following Paragraph

'(2) The Administrator shall be treated as, and shall have
the powers of, an approved Corporation for the purposes of
the Judicature Amendment Act 1935 (being an Act of
Tynwald)'.

25. Anything required or authorized under this Order to be
done by, to or before the Board of Trade may be done by, to or
before the President of the Board, any secretary, under-secretary
or assistant secretary of the Board, or any person authorized in
that behalf by the President of the Board.

26. This Order shall come into operation on the 7th day of May,
1952.

27. This Order may be cited as the Japanese Treaty of Peace Order
1952.

F. J. FERNAU.

FIRST SCHEDULE.

TREATY OF PEACE WITH JAPAN.
CHAPTER II-TERRITORY.
ARTICLE 4.

(a) Subject to the provisions of paragraph (b) of this Article, the disposition
of property of Japan and of its nationals in the areas referred to in Article 2, and
their claims, including debts, against the authorities presently administering such
areas and the residents (including juridical





persons) thereof, and the disposition in Japan of property of such authorities and
residents, and of claims, including debts, of such authorities and residents against
Japan and its nationals, shall be the subject of special arrangements between Japan
and such authorities. The property of any of the Allied Powers or its nationals in
the areas referred to in Article 2 shall, insofar as this has not already been done, be
returned by the administering authority in the condition in which it now exists.
(The term nationals whenever used in the present Treaty includes juridical
persons.)

(b) Japan recognizes the validity of dispositions of property of Japan and
Japanese nationals made by or pursuant to directives of the United States Military
Government in any of the areas referred to in Articles 2 and 3.

(c) Japanese owned submarine cables connecting Japan with territory removed
from Japanese control pursuant to the present Treaty shall be equally divided,
Japan retaining the Japanese terminal and adjoining half of the cable, and the
detached territory the remainder of the cable and connecting terminal facilities.

CHAPTER V.-CLAIMS AND PROPERTY.

ARTICLE 14.

(a) It is recognized that Japan should pay reparations to the Allied Powers for
the damage and suffering caused by it during the war. Nevertheless it is also
recognized that resources of Japan are not presently sufficient, if it is to maintain a
viable economy, to make complete reparation for all such damage and suffering and
at the same time meet its other obligations.

Therefore,

1. Japan will promptly enter into negotiations with Allied Powers so
desiring, whose present territories were occupied by Japanese forces and
damaged by Japan, with a view to assisting to compensate those countries for
the cost of repairing the damage done, by making available the services of the
Japanese people in production, salvaging and other work for the Allied Powers
in question. Such arrangements shall avoid the imposition of additional
liabilities on other Allied Powers, and, where the manufacturing of raw
materials is called for, they shall be supplied by the Allied Powers in question,
so as not to throw any foreign exchange burden upon Japan.

2. (1) Subject to the provisions of sub-paragraph (II) below, each of the
Allied Powers shall have the right to seize, retain, liquidate or otherwise
dispose of all property, rights and interests of

(a) Japan and Japanese nationals,

(b)persons acting for or on behalf of Japan or Japanese nationals, and

(c) entities owned or controlled by Japan or Japanese nationals,

which on the first coming into force of the present Treaty were subject to its
jurisdiction. The property, rights and interests specified in this sub-paragraph
shall include those now blocked, vested or in the possession or under the
control of enemy property authorities of Allied Powers, which belonged to, or
were held or managed on behalf of, any of the persons or entities mentioned
in (a), (b) or (c) above at the time such assets came under the controls of such
authorities.

(II) The following shall be excepted from the right specified in sub-
paragraph (I) above:





(i)property of Japanese natural persons who during the war resided
with the permission of the Government concerned in the
territory of one of the Allied Powers, other than territory occupied
by Japan, except property subjected to restrictions during the war
and not released from such restrictions as of the date of the first
coming into force of the present Treaty;

(ii)an real property, furniture and fixtures owned by the
Government of Japan and used for diplomatic or consular purposes,
and all personal furniture and furnishings and other private property
not of an investment nature which was normally necessary for the
carrying out of diplomatic and consular functions, owned by
Japanese diplomatic and consular personnel;

(iii)property belonging to religious bodies or private charitable
institutions and used exclusively for religious or charitable purposes;

(iv)property, rights. and interests which have come within its
jurisdiction in consequence of the resumption of trade and financial
relations subsequent to September 2, 1945, between the country
concerned and Japan, except such as have resulted from transactions
contrary to the laws of the Allied Power concemed;

(v)obligations of Japan or Japanese nationals, any right, titIe or
interest in tangible property located in Japan, interests in
enterprises organized under the laws of Japan, or any paper evidence
thereof; provided that this exception shall only apply to obligations
of Japan and its nationals expressed in Japanese currency.

(111) Property referred to in exceptions (i) through (v) above shall be
returned subject to reasonable expenses for its preservation and
administration. If any such property has been liquidated the proceeds shall be
returned instead.

(IV) The right to seize, retain, liquidate or otherwise dispose of property
as provided in sub-paragraph (I) above shall be exercised in accordance with
the laws of the Allied Power concerned, and the owner shall have only such
rights as may be given him by those laws.

(V) The Allied Powers agree to deal with Japanese trademarks and
literary and artistic property rights on a basis as favorable to Japan as
circumstances ruling in each country will permit.

(b) Except as otherwise provided in the present Treaty, the Allied Powers
waive all reparations claims of the Allied Powers, other claims of the Allied
Powers and their nationals arising out of any actions taken by Japan and its
nationals in the course of the prosecution of the war, and claims of the Allied
Powers for direct military costs of occupation.

ARTICLE 15.

(a) Upon application made within nine months of the coming into force of
the present Treaty between Japan and the Allied Power concerned, Japan will,
within six months of the date of such application, return the property, tangible and
intangible, and all rights or interests of any kind in Japan of each Allied Power and
its nationals which was within Japan at any time between December 7, 1941, and
September 2, 1945, unless the owner has freely disposed thereof without duress or
fraud. Such porperty shall be returned free of all encumbrances and charges to
which it may have become subject because of the war, and without any charges for
its return. Property whose return is not applied for by or on behalf of the owner or
by his Government within the prescribed period may be disposed





of by the Japanese Government as it may determine. In cases where such property
was within Japan on December 7, 1941, and cannot be returned or has suffered
injury or damage as a result of the war, compensation will be made on terms not less
favorable than the terms provided in the draft Allied Powers Property
Compensation Law approved by the Japanese Cabinet on July 13, 1951.

(b) With respect to industrial property rights impaired during the war, Japan
will continue to accord to the Allied Powers and their nationals benefits no less
than those heretofore accorded by Cabinet Orders No. 309 effective September 1,
1949, No. 12 effective January 28, 1950, and No. 9 effective February 1, 1950, all
as now amended, provided such nationals have applied for such benefits within the
time limits prescribed therein.

(c) (i) Japan acknowledges that the literary and artistic property rights which
existed in Japan on December 6, 1941, in respect to the published and unpublished
works of the Allied Powers and their nationals have continued in force since that
date, and recognizes those rights which have arisen, or but for the war would have
arisen, in Japan since that date, by the operation of any conventions and
agreements to which Japan was a party on that date, irrespective of whether or not
such conventions or agreements were abrogated or suspended upon or since the
outbreak of war by the domestic law of Japan or of the Allied Power concerned.

(ii) Without the need for application by the proprietor of the right and
without the payment of any fee or compliance with any other formality, the
period from December 7, 1941, until the coming into force of the present Treaty
between Japan and the Allied Power concerned shall be excluded from the running
of the normal term of such rights; and such period, with an additional period of six
months, shall be excluded from the time within which a literary work must be
translated into Japanese in order to obtain translating rights in Japan.

ARTICLE 18.

(a) It is recognized that the intervention of the state of war has not affected
the obligation to pay pecuniary debts arising out of obligations and contracts
(including those in respect of bonds) which existed and rights which were acquired
before the existence of a state of war, and which are due by the Government or
nationals of Japan to the Government or nationals of one of the Allied Powers, or
are due by the Government or nationals of one of the Allied Powers to the
Government or nationals of Japan. The intervention of a state of war shall equally
not be regarded as affecting the obligation to consider on their merits claims for
loss or damage to property or for personal injury or death which arose before
the existence of a state of war, and which may be presented or re-presented by the
Government of one of the Allied Powers to the Government of Japan, or by the
Government of Japan to any of the Governments of the Allied Powers. The
provisions of this paragraph are without prejudice to the rights conferred by Article
14.

(b) Japan affirms its liability for the prewar external debt of the Japanese
State and for debts of corporate bodies subsequently declared to be liabilities of the
Japanese State. and expresses its intention to enter into negotiations at an early
date with its creditors with respect to the resumption of payments on those debts;
to encourage negotiations in respect of other prewar claims and obligations; and to
facilitate the transfer of sums accordingly.

ARTICLE 19.

(a) Japan waives all claims of Japan and its nationals against the Allied Powers
and their nationals arising out of the war or out of actions taken because of the
existence of a state of war, and waives all claims





arising from the presence, operations or actions of forces or authorities of any of
the Allied Powers in Japanese territory prior to the coming into force of the
present Treaty.

(b) The foregoing waiver includes any claims arising out of actions taken by
any of the Allied Powers with respect to Japanese ships between Se September 1,
1939, and the coming into force of the present Treaty, as well as any claims and
debts arising in respect to Japanese prisoners of war and civilian internees in the
hands of the Allied Powers, but does not include Japanese claims specifically
recognized in the laws of any Allied Power enacted since September 2, 1945.

(c) Subject to reciprocal renunciation, the Japanese Government also
renounces all claims (including debts) against Germany and German nationals on
behalf of the Japanese Government and Japanese nationals, including
intergovernmental claims and claims for loss or damage sustained during the war,
but excepting (a) claims in respect of contracts entered into and rights acquired
before September 1, 1939, and (b) claims arising out of trade and financial
relations between Japan and Germany after September 2, 1945. Such renunciation
shall not prejudice actions taken in accordance with Articles 16 and 20 of the
present Treaty.

(d) Japan recognizes the validity of all acts and omissions done during the
period of occupation under or in consequence of directives of the occupation
authorities or authorized by Japanese law at that time, and will take no action
subjecting Allied nationals to civil or criminal liability arising out of such acts or
omissions.

PROTOCOL.

CONTRACTS, PRESCRIPTION ~ NEGOTIABLE
INSTRUMENTS.

A.-Contracts.

1. Any contract which required for its execution intercourse between any
ofthe parties thereto having become enemies as defined in part F shall, subject to
the exceptions set out in paragraphs 2 and 3 below, be deemed to have been
dissolved as from the time when any of the parties thereto became enemies. Such
dissolution, however, is without prejudice to the provisions of Articles 15 and 18
of the Treaty of Peace signed this day, nor shall it relieve any party to the
contract from the obligation to repay amounts received as advances or as
payments on account and in respect of which such party has not rendered
performance in return.

2. Notwithstanding the provisions of paragraph 1 above, there shall be
excepted from dissolution and, without prejudice to the rights contained in Article
14 of the Treaty of Peace signed this day, there shall remain in force such parts of
any contract as are severable and did not require for their execution intercourse
between any of the parties thereto, having become enemies as defined in Part F.
Where the provisions of any contract are not so severable, the contract shall be
deemed to have been dissolved in its entirety. The foregoing shall be subject to the
application of domestic laws, orders or regulations made by a signatory hereto
which is an Allied Power under the said Treaty of Peace and having jurisdiction
over the contract or over any of the parties thereto and shall be subject to the
terms of the contract.

3. Nothing in part A shall be deemed to invalidate transactions lawfully
carried out in accordance with a contract between enemies if they have been
carried out with the authorization of the Government concerned being the
Government of a signatory hereto which is an Allied Power under the said Treaty
of Peace.





4. Notwithstanding the foregoing provisions, contracts of insurance and
reinsurance shall be dealt with in accordance with the provisions of parts D and E
of the present Protocol.

B-Periods of Prescription.

1. All periods of prescription or limitation of right of action or of the right to
take conservatory measures in respect of relations affecting persons or property,
involving nationals of the signatories hereto who, by reason of the state of war,
were unable to take judicial action or to comply with the formalities necessary to
safeguard their rights, irrespective of whether these periods commenced before or
after the outbreak of war, shall be regarded as having been suspended for the
duration of the war in Japanese territory on the one hand, and on the other hand in
the territory of those signatories which grant to Japan, on a reciprocal basis, the
benefit of the provisions of this paragraph. These periods shall begin to run again
on the coming into force of the Treaty of Peace signed this day. The provisions of
this paragraph shall be applicable in regard to the periods fixed for the presentation
of interest or dividend coupons or for the presentation for payment of securities
drawn for repayment or repayable on any other ground, provided that in respect of
such coupons or securities the period shall begin to run again on the date when
money becomes available for payments to the holder of the coupon or security.

2. Where, on account of failure to perform any act or to comply with any
formality during the war, measures of execution have been taken in Japanese
territory to the prejudice of a national of one of the signatories being an Allied
Power under the said Treaty of Peace, the Japanese Government shall restore the
rights which have been detrimentally affected. If such restoration is impossible or
would be inequitable the Japanese Government shall provide that the national of
the signatory concerned shall be afforded such relief as may be just and equitable in
the circumstances.

C.-Negotiable instruments.

1. As between enemies, no negotiable instrument made before the war shall be
deemed to have become invalid by reason only of failure within the required time to
present the instrument for acceptance or payment, or to give notice of non-
acceptance or non-payment to drawers or endorsers, or to protest the instrument,
nor by reason of failure to complete any formality during the war.

2. Where the period within which a negotiable instrument should have been
presented for acceptance or for payment, or within which notice of non-
acceptance or non-payment should have been given to the drawer or endorser, or
within which the instrument should have been protested, has elapsed during the war,
and the party who should have presented of protested the instrument or have given
notice of non-acceptance or nonpayment has failed to do so during the war, a
period of not less than three months from the coming into force of the Treaty of
Peace signed this day shall be allowed within which presentation, notice of non-
acceptance or non-payment, or protest may be made.

3. If a person has, either before or during the war, incurred obligations under a
negotiable instrument in consequence of an undertaking given to him by a person
who has subsequently become an enemy, the latter shall remain liable to indemnify
the former in respect of these obligations, notwithstanding the outbreak of war.





D.-Insurance and Reinsurance Contracts (other than Life) which had not
terminated before the date at which the parties became enemies.

1. Contracts of Insurance shall be deemed not to have been dissolved by the
fact of the parties becoming enemies, provided that the risk had attached before
the date at which the parties became enemies, and the Insured had paid, before that
date, all moneys owed by way of premium or consideration for effecting or
keeping effective the Insurance in accordance with the Contract.

2. Contracts of Insurance other than those remaining in force under the
preceding clause shall be deemed not to have come into existence, and any
moneys paid thereunder shall be returnable.

3. Treaties and other Contracts of Reinsurance, save as hereinafter expressly
provided, shall be deemed to have been determined as at the date the parties
became enemies, and all cessions thereunder shall be cancelled with effect from
that date. Provided that cessions in respect of voyage policies which had attached
under a Treaty of Marine Reinsurance shall be deemed to have remained in full
effect until their natural expiry in accordance with the terms and conditions on
which the risk had been ceded.

4. Contracts of Facultative Reinsurance, where the risk had attached and all
moneys owed by way of premium or consideration for effecting or keeping
effective the Reinsurance had been paid or set off in the customary manner, shall
unless the Reinsurance contract otherwise provides, be deemed to have remained in
full effect until the date at which the parties became enemies and to have been
determined on that date.

Provided that such Facultative Reinsurances in respect of voyage policies
shall be deemed to have remained in full effect until their natural expiry in
accordance with the terms and conditions on which the risk had been ceded.

Provided further that Facultative Reinsurances in respect of a Contract of
Insurance remaining in force under clause 1 above shall be deemed to have
remained in full effect until the expiry of the original Insurance.

5. Contracts of Facultative Reinsurance other than those dealt with in the
preceding clause, and all Contracts of Excess of Loss Reinsurance on an 'Excess of
Loss Ratio' basis and of Hail Reinsurance (whether facultative or not), shall be
deemed not to have come into existence, and any moneys paid thereunder shall be
returnable.

~ 6. Unless the Treaty or other Contract of Reinsurance otherwise provides,
premiums shall be adjusted on a pro rata temporis basis.

7. Contracts of Insurance or Reinsurance (including cessions under Treaties of
Reinsurance) shall be deemed not to cover losses or claims caused by belligerent
action by either Power of which any of the parties was a national or by the Allies
or Associates of such Power.

8. Where an insurance has been transferred during the war from the original to
another Insurer, or has been wholly reinsured, the transfer or reinsurance shall,
whether effected voluntarily or by administrative or legislative action, be
recognized and the liability of the original Insurer shall be deemed to have ceased
as from the date of the transfer or reinsurance.

9. Where there was more than one Treaty or other Contract of Reinsurance
between the same two parties, there shall be an adjustment of accounts between
them, and in order to establish a resulting balance there shall be brought into the
accounts all balances (which shall include





an agreed reserve for losses still outstanding) and all moneys which may be due
from one party to the other under all such contracts or which may be returnable by
virtue of any of the foregoing provisions.

10. No interest shall be payable by any of the parties for any delay which,
owing to the parties having become enemies, has occurred or may'. occur in the
settlement of premiums or claims or balances of account.

11. Nothing in this part of the present Protocol shall in any way prejudice or
affect the rights given by Article 14 of the Treaty of Peace signed this day.

E.-Life Insurance Contracts.

Where an insurance has been transferred during the war from the original to
another Insurer or has been wholly reinsured, the transfer or reinsurance shall, if
effected at the instance of the Japanese administrative or legislative authorities, be
recognized, and the liability of the original Insurer shall be deemed to have ceased
as from the date of the transfer or reinsurance.

R-Special provision.

For the purposes of the present Protocol, natural or juridical persons shall be
regarded as enemies from the date when trading between them shall have become
unlawful under laws, orders, or regulations to which such persons or the contracts
were subject.

SECOND SCHEDULE.

(i) British protectorates.

(ii) Territories administered under the trusteeship system of the United
Nations being territories under the sole administration of Her Majesty's
Government in the United Kingdom.

(iii) British protected states except Brunei and Tonga.

(iv) Other places in which by treaty, grant, usage, sufferance or other lawful
means, Her Majesty has jurisdiction over British subjects except the Condominium
of the New Hebrides.





1984 No. 1168

ARBITRATION

THE ARBITRATION (FOREIGN AWARDS) ORDER 1984

Made - 31st July 1984

Coming into Operation - 1st August 1984

At the Court at Buckingham Palace, the 3 1st day of July 1984

Present,

The Queen's Most Excellent Majesty in Council

Whereas a Convention on the Execution of Foreign Arbitral Awards (hereinafter
called 'the Geneva Convention') (a) was, on 26th September 1927, signed at Geneva
on behalf of His Late Majesty King George the Fifth:

And whereas it is provided by section 35(1) of the Arbitration Act 1950(b) that Part
11 of that Act (which provides for the enforcement of certain foreign awards under
the Geneva Convention) applies to any award made after 28th July 1924

(a)in pursuant of an agreement for arbitration to which the Protocol set
out in the First Schedule to that Act applies; and

(b)between persons of whom one is subject to the jurisdiction of some
one of such Powers as Her Majesty, being satisfied that reciprocal
provisions have been made, may by Order in Council declare to be
parties to the Geneva Convention, and of whom the other is subject
to the jurisdiction of some other of the Powers aforesaid; and

(e)in one of such territories as Her Majesty, being satisfied that
reciprocal provisions have been made, may by Order in Council
declare to be territories to which the Geneva Convention applies:

And whereas Her Majesty is satisfied that reciprocal provisions have been made:

And whereas a Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (hereinafter called 'the New York Convention') (e) adopted on 10th June
1958 entered into force for the United Kingdom of Great Britain and Northern Ireland
on 23rd December 1975:

And whereas it is provided by section 7(2) of the Arbitration Act 1975(d) (which
Act provides for the enforcement of foreign awards under the New York
Convention) that if Her Majesty by Order in Council declares that any

(a) Schedule 2 to the Arbitration Act 1950 (c. 27). (b) 1950 c. 27. (c) Cmd. 6419.
(d) 1975 c. 3.





State specified in the Order is a party to the New York Convention the Order shall,
while in force, be conclusive evidence that that State is a party to that Convention:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, in
pursuance of the powers conferred upon Her by section 35(1) and (2) of the
Arbitration Act 1950 and section 7(2) and (3) of the Arbitration Act 1975, and of all
other powers enabling Her in that behalf, is pleased to declare, and it is hereby
declared, as follows:

Citation and commencement

1. This Order may be cited as the Arbitration (Foreign Awards) Order 1984 and
shall come into operation on I st August 1984.

Geneva Convention States

2. (1) The Powers listed in Column 1 of Schedule 1 to this Order are parties to the
Geneva Convention.

(2) The territories specified in Column 2 of the said Schedule are territories to
which the Geneva Convention applies.

New York Convention States

3. The States listed in Schedule 2 to this Order are parties to the New York
Convention.

Revocation

4. The Arbitration (Foreign Awards) Order 1978(a) and the Arbitration (Foreign
Awards) Order 1979(b) are hereby revoked.

N. E. Leigh,
Clerk of the Privy Council.

(a) S.I. 1978/186. (b) S.I. 1979/304.





SCHEDULE 1

GENEVA CONVENTION STATES

Column 1 Column 2
Powers party to the Geneva Convention Territories to which the Geneva Convention
applies
The United Kingdom of Great Britain and The United Kingdom of Great Britain and
Northern Ireland Northern Ireland
Anguilla
British Virgin Islands
Cayman Islands
Falkland Islands
Falkland Islands Dependencies
Gibraltar
Hong Kong
Montserrat
Turks and Caicos Islands
Antigua and Barbuda Antigua and Barbuda
Austria Austria
Bahamas Bahamas
Bangladesh Bangladesh
Belgium Belgium
Belize Belize
Czechoslovakia Czechoslovakia
Denmark Denmark
Dominica Dominica
Finland Finland
France France
Federal Republic of Germany Federal Republic of Germany
German Democratic Republic German Democratic Republic
Greece Greece
Grenada Grenada
Guyana Guyana
India India
Republic of Ireland Republic of Ireland
Israel Israel
Italy Italy
Japan Japan
Kenya Kenya
Luxembourg Luxembourg
Malta Malta
Mauritius Mauritius
Netherlands Netherlands (including Curacao)
New Zealand New Zealand
Pakistan Pakistan
Portugal Portugal
Romania Romania
Saint Christopher and Nevis Saint Christopher and Nevis
St. Lucia St. Lucia
Spain Spain
Sweden Sweden
Switzerland Switzerland
Tanzania Tanzania
Thailand Thailand
Western Samoa Western Samoa
Yugoslavia Yugoslavia
Zambia Zambia





SCHEDULE 2

NEW YORK CONVENTION STATES

Australia (including all the external territories Poland
for the international relations of which Romania
Australia is responsible) San Marino
Austria South Africa
Belgium Spain
Belize Sri Lanka
Benin Sweden
Botswana Switzerland
Bulgaria Syria
Byelorussian Soviet Socialist Republic Tanzania
Cambodia Thailand
Central African Republic Trinidad and Tobago
Chile Tunisia
Colombia Ukrainian Soviet Socialist Republic
Cuba Union of Soviet Socialist Republics
Cyprus United States of America (including all
Czechoslovakia the territories for the international
Denmark (including Greenland and the Faroe relations of which the United States of
Islands) America is responsible)
Djibouti Uruguay
Ecuador Yugoslavia
Egypt
Finland
France (including all the territories of the
French Republic)
Federal Republic of Germany
German Democratic Republic
,Ghana
Greece
Guatemala
Haiti
Holy See
Hungary
India
Indonesia
Republic of Ireland
Israel
Italy
Japan
Jordan
Korea
Kuwait
Luxembourg
Madagascar
Mexico
Monaco
Morocco
Netherlands (including the Netherlands
Antilles)
New Zealand
Niger
Nigeria
Norway
Philippines





1982 No. 1663

MERCHANT SHIPPING
THE CARRIAGE OF GOODS BY SEA (HONG KONG)
ORDER 1982

Made- 24 November 1982
Coming into Operation 1 December 1982

At the Court at Buckingham Palace, the 24th day of November 1982
Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 4
of the Carriage of Goods by Sea Act 1971 (a) and section 4(2) of the
Merchant Shipping Act 1981 (b), is pleased, by and with the advice of
Her Privy Council, to order, and it is hereby ordered, as follows

1. This Order may be cited as the Carriage of Goods by Sea (Hong
Kong) Order 1982 and shall come into operation on 1 December 1982.

2.(a) The provisions of the Merchant Shipping Act 1981
specified in paragraph (b) below shall extend to Hong Kong
subject to the exceptions, adaptations and modifications
specified in the Schedule to this Order.

(b)The provisions referred to in paragraph (a) above are section
2; section 3 in so far as it relates to section 2; section 5(3) and
the Schedule in so far as they relate to the Carriage of Goods
by Sea Act 1971; and section 5(4) and (5) in so far as those
subsections relate to the provisions specified in this
paragraph.

N. E. LEIGH,

Clerk of the Privy Council.

SCHEDULE Article 2.

EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS IN THE EXTENSION OF
THE
PROVISIONS OF THE MERCHANT SHIPPING ACT 1981 To HONG KONG

1 . Unless the context otherwise requires, any reference to the Carriage of
Goods by Sea Act 1971 or to any other enactment shall be to that enactment as it
has effect in Hong Kong.

(a) 1971 c. 19; the Act was extended (b) 1981 c. 10.
to Hong Kong by S.I. 1980/1508,
as amended by S.I. 1980/1954.





2. In section 3:

(a)for subsections (1) and (2) there shall be substituted the following
subsections:

'(1) For the purposes of Article IV of the Rules set out in the
Schedule to the Carriage of Goods by Sea Act 1971 as amended by section
2 of this Act, the Secretary for Monetary Affairs may specify in Hong
Kong dollars the respective amounts which are to be taken as equivalent
for a particular day to the sums expressed in special drawing rights.

(2) A certificate given by or on behalf of the Secretary for Monetary
Affairs in pursuance of subsection (1) above shall be conclusive evidence
of the matters stated therein for the purposes of subsection (1) above; and
a document purporting to be such a certificate shall in any proceedings be
received in evidence and, unless the contrary is proved, be deemed to be
such a certificate.':

(b)in subsection (3) the words following 'subsection (2) above' shall be
omitted and for the reference to the Treasury there shall be substituted a
reference to the Secretary for Monetary Affairs.

3. In section 5(4) for the words---HerMajesty may by Order in Council there
shall be substituted the words---theGovernor may by notice'.





1982 No. 1665

MERCHANT SHIPPING

THE CARRIAGE OF GOODS BY SEA (PARTIES TO
CONVENTION) ORDER 1982

(Revoked by S.I. 1985 No. 443 U.K.)

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





1984 No. 356

MERCHANT SHIPPING


THE MERCHANT SHIPPING ACT 1979 (HONG KONG)
(AMENDMENT) ORDER 1984

Made - - - - 14th March 1984

Laid before Parliament - 22nd March 1984

Coming into Operation - 12th April 1984

At the Court at Buckingham Palace, the 14th day of March 1984

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section
47(1) of the Merchant Shipping Act 1979(a) and all other powers
enabling Her in that behalf, is pleased. by and with the advice of Her
Privy Council, to order, and it is hereby ordered. as follows

1. This Order may be cited as the Merchant Shipping Act 1979
(Hong Kong) (Amendment) Order 1984 and shall come into operation
on 12th April 1984.

2. The Merchant Shipping Act 1979 (Hong Kong) Order 1980(b) is
hereby amended by adding in Article 2 thereof between the figures
'19(1)' and 50 the figure 31 and by adding in the Schedule thereto
between section 19(1) and section 50 of the Merchant Shipping Act
1979 the provisions of section 31 of the said Act of 1979, modified as in
the Schedule hereto; and the reference in that section to the Merchant
Shipping Act 1965(c) shall be to that Act as extended to Hong Kong by
the Merchant Shipping (Tonnage) (Hong Kong) Order 1967(d).

N. E. LEIGH,
Clerk of the Privy Council.

(a) 1979 c. 39. (c) 1965 c. 47.
(b) S.I. 1980,11514. (d)S.I. 1967/1764.





SCHEDULE Article 2

SECTION 31 OF THE MERCHANT SHIPPING ACT 1979, AS MODIFIED IN ITS
EXTENSION To HONG KONG

Miscellaneous

31. (1) In section 85 of the Merchant Shipping Act 1894(a) (which relates to
clues for space occupied by deck cargo) for subsection (3) (which among other
things makes provision about the way in m which the space is to be ascertained and
recorded) there shall be substituted the following subsection

'(.-3) The Governor in Council may. by regulations, make provision-

(a)as to the manner in which (including the persons by whom) the
tonnage of the space is to be ascertained. recorded and verified;

(b)as to the occasions on which and the persons by whom and to whom
records ofthe said tonnage a re to he produced;

(c)for a contravention of the regulations to be an ofrence punishable on
summary conviction by a fine not exceeding 5.000 Hong Kong dollars
or such less sum as is prescribed by the regulations;

(d)for such incidental and supplemental matters as the Governor
considers appropriate in connection with the regulations,

and may make different provision by, the regulations for different
circumstances.'.

(2) Accordingly in section 1(2)((.) ofthe Merchant Shipping Act 1965(b)
(under which tonnage regulations may provide for the ascertainment ofthe space
to be taken into account for the purposes ofthe said section 85 and may exempt
any space from being taken into account for those purposes) for the words front -
provide--- to---bethere shall be substituted the words 'exempt any 1 space from
being'*, and the words from---andmay' to those purposes poses--- shall cease to
have effect

(a) 1894 c. 60. (b)1965 c. 47 S.I. 1967, 1764.





1953 No. 1474.

THE CARRIAGE BY AIR (COLONIES, PROTECTORATES
AND TRUST TERRITORIES) ORDER 1953.

(Revoked by S.I. 1967 No. 809)

0)



REVISED EDITION 1967

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





1953 No. 1557.

THE COLLISION REGULATIONS (SHIPS AND
SEAPLANES ON THE WATER) AND SIGNALS
OF DISTRESS (SHIPS) ORDER 1953.

(Revoked by S.I. 1965 No. 1525)





REVISED EDITION 1968

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





1954 No. 104.

THE MERCHANT SHIPPING (NAVIGATIONAL
WARNINGS) RULES 1954.

(Revoked by S.I. 1965 No. 1051)

REVISED EDITION 1968

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





1954 No. 488.

THE WIRELESS TELEGRAPHY (COLONIAL SHIPS AND
AIRCRAFT) ORDER 1954.

Made - - - - 13th April, 1954.

Coming into Operation - 21st April, 1954.

At the Court of Saint James, the 13th day of April, 1954.

Present,

Her Majesty Queen Elizabeth The Queen Mother.
Her Royal Highness The Princess Margaret.

Lord President. Mr. Secretary Lyttelton.
Marquess of Reading.Major Lloyd George.
Earl De La Warr. Mr. Peake.

WHEREAS Her Majesty, in pursuance of the Regency Acts 1937 to
1953, was pleased, by Letters Patent dated the twentieth day of
November, 1953, to delegate to Her Majesty Queen Elizabeth The Queen
Mother, Her Royal Highness The Princess Margaret, His Royal
Highness The Duke of Gloucester, Her Royal Highness The Princess
Royal and the Earl of Harewood, or any two or more of them, as
Counsellors of State. full power and authority during the period of Her
Majesty's absence from the United Kingdom to summon and hold on
Her Majesty's behalf Her Privy Council and to signify thereat Her
Majesty's approval of anything for which Her Majesty's approval in
Council is required:

AND WHEREAS by the Wireless Telegraphy Act 1949(a) it is among
other things provided that Her Majesty may by Order in Council direct
that any reference in section 6 of the said Act to any British ship or
aircraft registered in the United Kingdom shall be construed as
including a reference to any British ship or aircraft registered in certain
other places:

Now, THEREFORE, Her Majesty Queen Elizabeth The Queen Mother
and Her Royal Highness The Princess Margaret, being authorized
thereto by the said Letters Patent, and in pursuance of the powers by
the said Act in Her Majesty vested do hereby, by and with the advice of
Her Majesty's Privy Council, on Her Majesty's behalf order, and it is
hereby ordered, as follows

1. Any reference in section 6 of the said Act to British ships and
aircraft registered in the United Kingdom shall be construed as
including a reference to British ships and aircraft registered

(a) 12, 13 & 14 Geo. 6. c. 54.





in any colony, British protectorate or British protected state, or
registered under the law of any other country or territory outside the
United Kingdom which is for the time being administered by Her
Majesty's Government in the United Kingdom.

2. The Wireless Telegraphy Act 1949 (Hong Kong Application)
Order in Council 1951(b) is hereby revoked.

3. The Interpretation Act 1889(c) shall apply to the interpretation of
this Order as it applies to the interpretation of an Act of Parliament.

4. This Order may be cited as the Wireless Telegraphy (Colonial
Ships and Aircraft) Order 1954 and shall come into operation on the 21st
day of April, 1954.

W. G. AGNEW.

(b) S.I. 1951/1180; Rev. 1948, Vol. XXII, p. 365; 1951 11, p. 764. (c) 52
& 53 Vict. c. 63.





1954 No. 539.


THE WIRELESS TELEGRAPHY (COLONIAL SHIPS AND AIRCRAFT) REGULATIONS 1954.

Made 27th April, 1954.
Laid before Parliament - 3rd May,
1954.
Coming into Operation - 1st June, 1954.
1, The Right Honourable Herbrand Edward Dundonald

Brassey Earl De La Warr, Her Majesty's Postmaster-General,
by virtue of the power vested in me by subsection (1) of sec-
tion 6 of the Wireless Telegraphy Act 1949(a) as extended by
the Wireless Telegraphy (Colonial Ships and Aircraft) Order
1954(b), by the said subsection as extended to the Channel
Islands by the Wireless Telegraphy (Channel Islands) Order
1952(c), and by the said subsection as extended to the Isle of
Man by the Wireless Telegraphy (Isle of Man) Order 1952(d),
and of every other power enabling me in this behalf, do hereby
make the following Regulations-

1. (1) In these regulations the expression 'the Act' means the
Wireless Telegraphy Act 1949, the expression 'the British Islands'
means the United Kingdom, the Channel Islands, and the Isle of Man,
and other expressions have the same meaning as they have in the Act.

(2) The Interpretation Act 1889(e) shall apply to the interpretation
of these regulations as it applies to the interpretation of an Act of
Parliament.

2. The application of sections one, two, three, four and five of the
Act to stations and apparatus for wireless telegraphy on board any
British seagoing ship or British aircraft which is registered in any
colony, British protectorate or British protected state, or registered
under the law of any other country or territory outside the British
Islands which is for the time being administered by Her Majesty's
Government in the United Kingdom, but which is not for the lime being
in or over the British Islands or the territorial waters adjacent thereto,
shall be subject to the limitations contained in these Regulations.

3. The said sections shall not apply to any station or apparatus for
wireless telegraphy on board any such ship or aircraft which is for the
time being in or over the colony, protectorate,

(a) 12, 13 & 14 Geo. 6. c. 54. (b) S.I.
19541488 in this Appendix. (c) S.I.
195211900 (1952 Ill, p. 3414). (d) S.I.
1952/1899 (1952 Ill, p. 3418). (e) 52 &
53 Vict. c. 63.





state, country or territory in which or under the law of which it is
registered, or the territorial waters adjacent thereto.

4. No person who uses any station or apparatus for wireless
telegraphy on board any such ship or aircraft while it is outside the limits
of the British Islands, such colony, protectorate, state, country or
territory as aforesaid, and the territorial waters respectively adjacent
thereto, shall be deemed thereby to commit an offence under section one
or section three of the Act if such use is in accordance with the
provisions of a valid licence for the use of the station or apparatus on
board the ship or aircraft, granted by the proper authority in the colony,
protectorate, state, country or territory in which or under the law of
which the ship or aircraft is registered.

5. These regulations shall come into operation on the first day of
June. 1954. and may be cited as 'The Wireless Telegraphy (Colonial
Ships and Aircraft) Regulations 1954'.

Dated this 27th day of April, 1954.

DE LA WARR,
Her Majesty's Postmaster-General.





1954 No. 636.

TEH VISITING FORCES ACT (APPLICATION TO COLONIES) ORDERS 1954 TO 1962.

[This Order in Council is printed as amended by Orders in

Council dated January 24, 1957 (S.I. 19571103, 1957 11, p. 2585),
May 13, 1959 (S.I. 1959/874*, 1959 11, p.. 2705), November 20,
1959 (S.I. 1959/1979*, 1959 11, p. 2706), June 23, 1960 (S.I.
196011061, 1960 Ill, p. 3312), July 30, 1962 (S.I. 1962/1638,
1962 II, p. 1902).]


Made - - - - 13th May, 1954.

Coming into Operation - 12th June, 1954.

At the Court of Saint James, the 13th day of May, 1954.

Present,

Her Majesty Queen Elizabeth The Queen Mother.

Her Royal Highness The Princess Margaret.

His Royal Highness The Duke of Gloucester.

Lord President. Sir Walter Monckton.

Earl Alexander of Tunis. Mr. Macleod.

WHEREAS Her Majesty, in pursuance of the Regency Acts

1937 to 1953, was pleased, by Letters Patent dated the twentieth day of
November, 1953, to delegate to Her Majesty Queen Elizabeth The Queen
Mother, Her Royal Highness The Princess Margaret, His Royal
Highness The Duke of Gloucester, Her Royal Highness The Princess
Royal and the Earl of Harewood, or any two or more of them, as
Counsellors of State, full power and authority during the period of Her
Majesty's absence from the United Kingdom to summon and hold on
Her Majesty's behalf Her Privy Council and to signify thereat Her
Majesty's approval of anything for which Her Majesty's approval in
Council is required:

AND WHEREAS it is expedient to extend the Visiting Forces

Act 1952(a) (in this Order referred to as 'the Act') to the territories
mentioned in the First Schedule to this Order:

Now, THEREFORE, Her Majesty Queen Elizabeth The Queen

Mother, Her Royal Highness The Princess Margaret and His

(a) 15 & 16 Geo. 6 & 1 Eliz 2, c. 67.

Note:For provision regarding commencement dates for North Borneo and
Sarawak, see section 1(3) of S.I. 19591874 (1959 11, p. 2705), for
St. Helena, see section 1(4) of S.I. 1959/1979 (1959 11, p. 2706).





Royal Highness the Duke of Gloucester, being authorized thereto by the
said Letters Patent and in exercise of the powers conferred on Her
Majesty by subsection (1) of section 15 of the Act do hereby, by and
with the advice of Her Majesty's Privy Council, on Her Majesty's behalf
order, and it is hereby ordered, as follows

1. This Order may be cited as the visiting Forces Act (Ap
Application to Colonies) Orders. 1954 to 1962* and shall come into
operation on the twelfth day of June, 1954.

2. Subject to the adaptations, modifications and exceptions
specified in the Second Schedule to this Order, the provisions of the Act
as from time to time amended other than section 15 thereof shall extend
to the territories mentioned in the First Schedule to this Order.(a)

3. (1) In this Order the expression 'territory' means a territory
mentioned in the First Schedule to this Order and in the application of
the Act under this Order to any territory 'the Territory' means that
territory.

(2) The Interpretation Act 1889(b) shall apply for the purpose of
interpreting this Order as it applies for the purpose of interpreting an Act
of Parliament.

W. G. AGNEW.

FIRST SCHEDULE.

Aden (Colony and Protectorate).
Ascension Island.(c)
Fiji.
Gibraltar.
Hong Kong.
Malta.
North Borneo.(d)
Sarawak.(d)
Singapore.
The Sovereign Base Areas of Akrotiri and Dhekelia.(e)
(Reference in this Schedule to any territory of which there are depend-
encies shall be construed as including a reference to such dependencies.)

(a) Amended by S.I. 1960/1061 (1960 111, p. 3312). (b)
52 & 53 Vict. c. 63.

(c) Added by S.I. 1959/1979 (1959 11, p. 2706).
(d) Added by S.I. 1959/874, p. 2705).

(e) Added by S.I. 1962/1638 (1962 II, p. 1902). The Sovereign Base
Areas of Akrotiri and Dhekelia' means the areas mentioned in
section 2(1) of the Cyprus Act 1960 (8 & 9 Eliz. 2 c. 52). See
section 2 of S.I. 1962/1638.

Note: See S.I. 1962/1638 (1962 II, p. 1902).






SECOND SCHEDULE.

ADAPTATIONS, MODIFICATIONS AND EXCEPTIONS TO BE
MADE
IN THE APPLICATION OF THE ACT TO THE TERRITORY

1. (1) For the words 'United Kingdom' wherever they occur there shall be
substituted the word Territory except

(i) in paragraph (a) of subsection (1) of section 10;

(ii) in the expression 'citizen of the United Kingdom and Colonies';

(iii)in the expression 'Her Majesty's Government in the United Kingdom';
and

(iv)in any other context in which the following provisions of this Schedule
otherwise require.

(2) For the words 'United Kingdom court wherever they occur there shall be
substituted the words 'court of the Territory'.

(3) For the words 'United Kingdom law' wherever they occur except in
subsection (4) of section 10 there shall be substituted the words 'the law of the
Territory'.

(4) For the words 'the Secretary of State', 'the Minister of Defence' or 'the
said Minister', wherever they occur there shall be substituted the words 'the
Governor'.

1A. In paragraph (a) of subsection (1) of section 1 the word 'Ghana' shall be
omitted.(a)

2. (1) For paragraph (b) of subsection (1) of section 1 there shall be
substituted the following paragraph

'(b) Any country which, by Order in Council under the next following
subsection, is designated in respect of the Territory for the purposes of that
provision.'.

(2) In subsection (2) of section 1 immediately after the words 'should have
effect' there shall be inserted the words 'in the Territory'; and for the words 'Her
Majesty may by Order in Council designate that country for the purposes of the
provisions in question' there shall be substituted the words 'Her Majesty may by
Order in Council designate that country in respect of the Territory for the
purposes of the provisions in question'.

(3) In subsection (3) of section 1 immediately after the words 'in so far as
this Act has effect'' there shall be inserted the words 'in the Territory'.

(4) Subsection (4) of section 1 shall be omitted.

3. (1) In subsection (1) of section 2 for the words 'any of Her Majesty's ships
or aircraft' there shall be substituted the words 'any ships or aircraft belonging to
Her Majesty in right of the Territory'.

(2) For subsection (6) of section 2 there shall be substituted the following
subsection

'(6) For the purpose of enabling the service courts and service authorities
of a country to which this section applies to exercise more effectively the
powers referred to in subsection (1) of this section, the Governor may, if so
requested by the appropriate authority of that country, from time to time by
general or special orders direct members of United Kingdom forces or local
forces to arrest any person, being a member of a visiting force of that






country, who is alleged to be guilty of an offence punishable under the law of
that country and to

(a) Added by S.I. 196011061 (1960 111. P.
3312).





hand him over to such service authority of that country as may be designated
by or under the orders.'.

4. (1) Save as otherwise provided by sub-paragraph (2) of this paragraph, in
paragraph (a) of subsection (3) of section 3 for the words 'the Director of Public
Prosecutions (in the case of a court in England or Wales), the Lord Advocate (in
the case of a court in Scotland) or the Attorney General for Northern Ireland (in
the case of a court in Northern Ireland)' there shall be substituted the words 'the
Governor'.

(2) In the application of the Act to Fiji, Gibraltar, Hong Kong, North Borneo
and Singapore for the words in paragraph (a) of subsection (3) of section 3 that are
referred to in sub-paragraph (1) of this paragraph there shall be substituted the
words 'the Attorney General'.(a)

(2A) In the application of the Act to Sarawak for the words in paragraph (a)
of subsection (3) of section 3 that are referred to in subparagraph (1) of this
paragraph there shall be substituted the words 'the Public Prosecutor'.(b)

(3) For subsection (6) of section 3 the following subsection shall be substituted

'(6) In this section the expressions 'offence against the person' and
'offence against property' shall be construed as meaning offences against the
law of the Territory which are analogous to offences within the meaning of
those expressions construed in accordance with paragraphs 1 and 3 of the
Schedule to this Act: ~ 1

Provided that, if the legislature of the Territory, for the removal or
avoidance of doubts, provide by law that a specified offence against the law of
the Territory is analogous as aforesaid, the provision so made shall in relation
to the Territory, have effect as if it formed part of this subsection.'.

5. (1) In subsection (2) of section 5-

(a)for the words 'a constable' there shall be substituted the words 'a member
of the police force of the Territory';

(b)for the words and figures 'section thirty-eight of the Summary
Jurisdiction Act 1879 there shall be substituted the words 'any law of the
Territory';

(c)for the words 'a court of summary jurisdiction', wherever they occur,
there shall be substituted the words 'a court of the Territory';

(d)for the words 'the said section thirty-eight' there shall be substituted the
words 'the law of the Territory'.

(2) Subsections (3) and (4) of section 5 shall be omitted.

6. For subsections (4), (5), (6) and (7) of section 7 there shall be substituted
the following subsections

'(4) Any law of the Territory restricting the removal out of the
Territory of the body of a deceased person shall not apply to the body of a
person who at the time of his death had a relevant association with a visiting
force:

Provided that this subsection shall not apply as respects the body of a
person concerning whose death, by virtue of a direction of the Governor under
subsection (1) or (3) of this section, an inquest is required to be held or, if
begun, is required to be resumed.

(a) Amended by S.I. 19571103 (1957 IT, p. 2585) and 5.1. 19591874 (1959 11, p. 2705). (b) Added by 5.1.
19591874 (1959 11. P. 2705).





(5) Notwithstanding anything in any law of the Territory relating to
certificates to be given to persons giving information concerning deaths, a
certificate shall not be given under such law to the person giving information
concerning a death if that person states that the body is one as respects which
the last foregoing subsection has effect and that it is proposed to remove the
body out of the Territory.

(6) In this section-

'coroner' includes any person having jurisdiction in the
Territory to hold an inquest;

references to an inquest shall be construed as including
reference to an inquiry; and

'homicide' includes the offences of murder, manslaughter and
infanticide, any offence under the law of the Territory which is
analogous to the offence of murder, manslaughter or infanticide, and
any offence under the law of the country in question which is
analogous to any of the offences aforesaid.'.

7. In section 8-

(a) for the words 'Her Majesty may by Order in Council wherever

those words occur there shall be substituted the words 'the Governor may
by order';

(b)for the words 'home forces' wherever those words occur there shall be
substituted the words 'United Kingdom forces or local forces';

(c)in subsection (4) for the words 'An Order in Council' there shall be
substituted the words 'An Order' and for the words 'Her Majesty in
Council' there shall be substituted the words 'the Governor';

(d) subsections (5) and (6) shall be omitted; and

(e)for subsection (7) there shall be substituted the following subsection

'(7) In this section-

.,enactment' means any law enacted by the legislature of the
Territory whether passed before or after the passing of this Act, and
includes any instrument having effect under an enactment;

1. property' includes both immovable and movable property.'.

8. (1) Subject to sub-paragraph (2) of this paragraph in subsection (1) of
section 9 for the words 'defrayed out of moneys provided by Parliament' there
shall be substituted the words 'charged on the revenues of the Territory.'

(2) In the application of the Act to Malta and to the Sovereign Base Areas of
Akrotiri and Dhekelia subsection (1) of section 9 shall have effect as if all words in
that subsection which follow the words 'as may be provided by the arrangements'
were omitted.(a)

9. (1) In subsection (4) of section 10 for the words 'United Kingdom law'
there shall be substituted the words 'law of the Territory'.

(a) Amended by S.I. 196211638 (1962 11. D. 1902).





(2) In the application of the Act to the Sovereign Base Areas of Akrotiri and
Dhekelia section 10 shall have effect as if

(a)in subsection (1) for sub-paragraphs (a), (b) and (c) the following sub-
paragraphs were substituted

'(a)that he holds a passport issued in respect of him by a Government,
not being a passport issued by the passport authorities of the United
Kingdom or any colony; and that the passport contains an
uncancelled entry made by or on behalf of the appropriate authority
of the sending country stating that he is a member of a civilian
component of a visiting force of that country; or

(b)that he is in possession of an identity card issued by the appropriate
authority of the sending country stating that he is a member of a
civilian component of a visiting force of that country.'

(b) subsection (2) were omitted;

(c) in subsection (3)-

(i)in paragraph (b) for the reference to paragraph (b) of subsection (1)
there were substituted a reference to paragraph (a) of that subsection
(as substituted by sub-paragraph (2)(a) of this paragraph);

(ii) for paragraph (c) the following paragraph were substituted-

(c)a document purporting to be an identity card issued by or on
behalf of the appropriate authority of a sending country and
bearing the name by which a person is referred to in the
proceedings (whether as a party or not) shall, unless the
contrary is proved, be deemed to have been so issued, and to
relate to the person so referred to;' (a)

10. (1) In subsection (1) of section 12-

(a)the definition of 'Her Majesty's ships or aircraft' shall be omitted;

(b)the definition of 'home forces' shall be omitted and the following
definition shall be inserted immediately after the definition of 'service
law'-

---UnitedKingdom forces' means any of the forces of Her Majesty
raised in the United Kingdom and for the time being serving in the
Territory;';

(c)immediately before the definition of 'member' there shall be inserted the
following definition

---Localforces' means any of the forces raised in a colony, a
protectorate or protected state within the meaning of the British
Nationality Act 1948, or a United Kingdom trust territory as defined in
that Act and includes any police force or other body raised in the
Territory which, by virtue of any law of the Territory, has become a
naval, military or air force;'.

(2) In the application of the Act to the Sovereign Base Areas of Akrotiri and
Dhekelia section 12(4) shall have effect as if

(a) in paragraph (a) the word 'and' were omitted;

(b) in paragraph (b) for the full-stop a semi-colon and the word 'and' 1 were
substituted;

(a) Amended by 5.1. 196211638 (1962 II. p. 1902).











(c) the following paragraph were added

'(c) any other person (not being a national of nor ordinarily

resident in the Republic of Cyprus) who is in domestic
employment in the household of that person.' (a)

11. In Section 13 (as amended by the Revision of the Army and Air Force
Acts (Transitional Provisions) Act 1955(b)) for the words 'United Kingdom'
wherever they occur there shall be substituted the word 'Territory'.(c)

12. In paragraph (a) of section 14 for the words 'the Secretary of the
Admiralty, the Secretary of the Army Council or the Secretary of the Air Council
there shall be substituted the words 'the Governor'.

13. (1) For subsection (1) of section 17 there shall be substituted the
following subsection

'(1) In this Act, unless the context otherwise requires, the following
expressions have the meanings hereby assigned to them respectively, that is
to say

'Attorney General means the Attorney General of the Territory
and any reference to the Attorney General shall be construed as including
a reference to any person who is for the time being performing the
functions of the Office of Attorney General;

'court of the Territory' means a court exercising jurisdiction in the
Territory under the law of the Territory otherwise than by virtue of
section 2 of this Act;

'forces', in relation to a country, means any of the naval, military
or air forces of that country;

'Governor' means the person for the time being administering the
government of the Territory;

'law of the Territory' means law in force in the Territory or in any
part thereof;

'legislature of the Territory' includes any authority having power
to make laws for the Territory;'.

(2) In subsection (5) of section 17 the words 'and in this subsection the
expression 'enactment' includes an enactment of the Parliament of Northern
Ireland' shall be omitted.

14. Subsection (2) of section 19 shall be omitted.

(a) Amended by 5.1. 196211638 (1962 11, 1902).
(b) 3 & 4 Eliz. 2. c. 20.
(c) Substituted by S.I. 19571103 (1957 11, 2585).







1954 No. 637.

THE VISITING FORCES (DESIGNATION) (COLONIES)
ORDERS 1954 TO 1967.

[This Order in Council is printed as amended by Orders in
Council dated July 30, 1954 (S.I. 1954/1041, 1954 II, p. 2486),
August 30, 1956 (S.I 1956/1368, 1956 11, p. 2456), July 30, 1958 (S.I
1958/1262, 1958 II p. 2341), May 13, 1959 (S.I 1959/875, 1959 11,
p. 2707), July 30, 1962 (S.I 1962/1639, 1962 11, p. 1904), May 24,
1967 (S.I 1967/812, 1967 11, 1, p. 2426), October 10, 1967 (S.I
1967/1482, 1967 III, I, p. 4187).]

Made - - - - - 13th May, 1954.

Coming into Operation - - 12th June, 1954.

At the Court of Saint James, the 13th day of May, 1954.

Present,

Her Majesty Queen Elizabeth The Queen Mother.

Her Royal Highness The Princess Margaret.

His Royal Highness The Duke of Gloucester.

Lord President. Sir Walter Monckton.

Earl Alexander of Tunis. Mr. Macleod.

WHEREAS Her Majesty, in pursuance of the Regency Acts 1937 to
1953, was pleased, by Letters Patent dated the twentieth day of
November, 1953, to delegate to Her Majesty Queen Elizabeth The Queen
Mother, Her Royal Highness The Princess Margaret, His Royal
Highness The Duke of Gloucester, Her Royal Highness The Princess
Royal and the Earl of Harewood, or any two or more of them, as
Counsellors of State, full power and authority during the period of Her
Majesty's absence from the United Kingdom to summon and hold on
Her Majesty's behalf Her Privy Council and to signify thereat Her
Majesty's approval of anything for which Her Majesty's approval in
Council is required:

AND WHEREAS it is expedient to extend the Visiting Forces
(Designation) Order 1954(a), to the territories mentioned in the Schedule
to this Order:

Now, THEREFORE, Her Majesty Queen Elizabeth The Queen
Mother, Her Royal Highness The Princess Margaret and His Royal
Highness The Duke of Gloucester, being authorized thereto by the said
Letters Patent and in exercise of the powers conferred on Her Majesty
by subsection (1) of section 15 of the Visiting

(a) S.I. 1954/634 (1954 II, p. 2483).





Forces Act 1952(a) do hereby, by and with the advice of Her Majesty's Privy
Council, on Her Majesty's behalf order, and it is hereby ordered, as follows

1. The Visiting Forces (Designation) Order 1954, shall extend to each of
the territories mentioned in the Schedule to this Order:

Provided that for the purposes of its extension to any of those territories
the Visiting Forces (Designation) Order 1954 shall have effect as if

(a)in section 1 thereof for the words 'Each of the countries specified in
the Schedule to this Order' there were substituted the words 'The
United States of America

(b) the Schedule thereto was omitted; and

(c)the reference in section 1 thereof to the Visiting Forces Act 1952 was
a reference to that Act as it extends to that territory by virtue of the
Visiting Forces Act (Application to Colonies) Orders 1954 to
1967(b):

Provided further that for the purposes of its extension to Gibraltar and
Malta, the Visiting Forces (Designation) Order 1954 shall also have effect as if in
section 1 thereof the words 'and France' were inserted after the words 'The
United States of America and the word 'are' were substituted for the word 'is'
(c).

2. (1) This Order may be. cited as the Visiting Forces (Designation)
(Colonies) Orders 1954 to 1967(d) and shall come into operation on the twelfth
day of June, 1954.

(2) The Interpretation Act 1889(e) shall apply for the purpose of
interpreting this Order as it applies for the purpose of interpreting an Act of
Parliament.

W. G. AGNEW.

SCHEDULE(f)

Bahama Islands.(g)
Colony of Seychelles.(g)
Gibraltar.(h)
Hong Kong.
Malta.
North Borneo.(i)
Singapore.(i)
The British Indian Ocean Territory.(g)
Turks and Caicos Islands (j)

(Reference in this Schedule to any territory of which there are dependencies
shall be construed as including a reference to such dependencies).

(a) 15 & 16 Geo. 6 & 1 Eliz. 2, c. 67.

(b)S.I. 1954/636 (1954 11, p. 2484) as amended by S.I. 1959/875 (1959
11, P. 2707) and S.I. 1967/812 (1967 11, 1, p. 2426).

(c)Added by S.I. 1956/1368 (1956 11, p. 2456). Amended by S.I.
1958/1262 (1958 11, p. 2341) and S.I. 1962/1639 (1962 11, p. 1904).

(d) See S.I. 19671812 (1967 11, 1, p. 2426).
(e) 52 & 53 Vict. c. 63.

(f) Amended by S.I. 196211639 (1962 11, p.
1904). (g) Added by S.I. 1967/1482 (1967 111, 1,
p. 4187). (h) Added by S.I. 1954/1041 (1954 11, p.






2486).

(i) Added by S.I. 1959/875 (1959 11, p. 2707).
(j) Added by S.I. 1967/812 (1967 11, 1, p. 2426).





1956 No. 1002.

THE MERCHANT SHIPPING (COLONIES ETC.) TONNAGE
MEASUREMENT ORDER 1956.

(Revoked by S.I. 1967 No. 1764)

REVISED EDITION 1968

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





1982 No. 1676
0

JUDICIAL COMMITTEE

PROCEDURE

THE JUDICIAL COMMITTEE (GENERAL APPELLATE
JURISDICTION) RULES ORDER 1982

Made 24th November 1982

Coming into Operation 7th February 1983

At the Court at Buckingham Palace the 24th day of November 1982

Present,

The Queen's Most Excellent Majesty in Council

Whereas there was this day read at the Board a representation from the
Judicial Committee of the Privy Council recommending that the Judicial
Committee Rules 1957(a) relating to the practice and procedure in
accordance with which the general appellate jurisdiction of Her Majesty
in Council is exercised ought to be revoked and that new Rules
thereunto annexed ought to be substituted therefor:

Now, therefore, Her Majesty, having taken the said representation
into consideration, and in exercise of the powers conferred upon Her by
section 24 of the Judicial Committee Act 1833(b) or otherwise in Her
vested, is pleased, by and with the advice of Her Privy Council, to
approve thereof and to order, and it is hereby ordered, as follows

1. The Judicial Committee Rules 1957 as amended are hereby
revoked and the Rules set out in Schedule II to this Order are
substituted therefor.

2. This Order may be cited as the Judicial Committee (General
Appellate Jurisdiction) Rules Order 1982 and shall come into operation
on 7th February 1983.

3. The Rules set out in Schedule II to this Order may be cited as
the Judicial Committee (General Appellate Jurisdiction) Rules and
subject to any Statute or Statutory Instrument to the contrary shall
apply to all matters falling within the appellate jurisdiction of Her
Majesty in Council.

(a) S.I. 1957/2224, as amended by S.I. 1969/365, 1980/714, 1981/1124. (b) 1833 c.
41.





4. The words 'Judicial Committee (General Appellate Jurisdiction)
Rules' shall be substituted for the words 'Judicial Committee Rules
1957 or the words 'Rules set out in the Schedule to the Order in Council
dated 20th December 1957 wherever those words appear in the
Statutory Instruments listed in Schedule 1 to this Order.

N. E. LEIGH,

Clerk of the Privy Council.

SCHEDULE1

The Malaysia (Appeals to Privy Council) Order 1978(a).
The Republic of Singapore (Appeals to Judicial Committee) Orders 1966 and
1969(b).
The Judicial Committee (Medical Rules) Order 1980(c).
The Judicial Committee (Dentists Rules) Order 1958(d).
The Judicial Committee (Veterinary Surgeons Rules) Order 1967(c).
The Judicial Committee (Opticians Rules) Order 1960(f).
The Judicial Committee (Professions Supplementary to Medicine Rules) Order
1964(g).

SCHEDULE II

Arrangement of rules
Rule

1. Interpretation.

Leave to appeal

2. Leave to appeal generally.

Special leave to appeal

3. Form of petition for special leave to appeal.

4. Six copies of petition to be lodged together with affidavits in support.

5. Time for lodging petition.

6. Security for costs and transmission of Record.

7. General provisions applicable to petitions for special leave.

8. Petitions for special leave to appeal as a poor person.

9.Exemption of poor person appellant from lodging security and paying Council
Office fees.

10.Exemption of unsuccessful petitioner for leave to appeal as a poor person
from payment of Office fees.

Record and appearance by,
appellant

11. Record to be transmitted without delay.
12. Reproduction of Record.

(a) S.I. 1978/182. (e) S.I. 1967/1150.
(b) S.I. 1966/1182 and 1969/370. (f) S.I. 1960/1661.
(c) S.I. 1980/873. (g)S.I. 1964/1001.

(d) S.I. 1958/599.





13. Number of copies to be transmitted where Record reproduced abroad.

14. One certified copy to be transmitted where Record to be reproduced in England.

15. Record to include order granting leave.

16. Reasons for judgments to be included.

17. Exclusion of unnecessary documents from Record.

18. Documents objected to to be indicated.

19. Registration and numbering of Records.

20. Inspection of Record by parties.

21. Appearance by appellant.

22. Time within which appellant shall enter an appearance.

23*. Preparation of copy of Record for
reproduction.

24. Lodging copy of Record for reproduction.

25. Special case.

26. Examination of proof of Record and striking ofr copies.

27. Number of copies of Record for parties.

28. How costs of reproduction of Record are to be borne.

Petition of appeal

29. Time within which petition shall be lodged.

30. Form of petition of appeal.

31. Service of petition.

Withdrawal of appeal

32. Withdrawal of appeal before petition of appeal has been lodged.

33. Withdrawal of appeal after petition of appeal has been lodged.

Non-prosecution of appeal

34. Dismissal of appeal where appellant takes no step in prosecution thereof.

35.Dismissal of appeal for non-prosecution after appellant's appearance and
before lodgment of petition of appeal.

36. Dismissal of appeal for non-prosecution after lodgment of petition of appeal.

37. Restoring an appeal dismissed for non- prosecution: Costs.

Appearance by respondent

38. Time within which respondent may appear.

39. Notice of appearance by respondent.

40. Form of appearance where all the respondents do not appear.







41. Separate appearances.

42. Non-appearing respondent not entitled to receive notices or lodge case.

43. Procedure on non-appearance of respondent.

44. Respondent defending appeal as a poor person.

Petitions generally

45. Mode of addressing petitions.

46. Orders on petitions which need not be drawn up.

47. Form of petition and number of copies to be lodged.

48. Caveat.

49. Service of petition.

50. Verifying petition by affidavit.

51. Petition for order of revivor or substitution.





52.Petition disclosing no reasonable cause of appeal or containing scandalous
matter to be refused.

53. Setting down petition.

54. Time within which set down petitions shall be heard.

55. Notice to parties of day fixed for hearing petition.

56. Procedure where petition is consented to or is formal.

57. Withdrawal of petition.

58. Procedure where hearing of petition unduly delayed.

59. Only one Counsel heard on a side in petitions.

Case

60. Lodging of case.

61. Reproduction.

62. Number of copies to be lodged.

63. Form of case.

64. Separate cases by two or more respondents.

65. Notice of lodgment of case.

66. Case notice.

67. Setting down appeal and exchanging cases.

Binding Record, &c.

68. Mode of binding Record, &c., for use of Judicial Committee.

Hearing

69. List of authorities to be lodged.

70. Notice of day on or before which appeals must be set down for ensuing sittings.

71. Notice to parties of day fixed for hearing appeal.

72. Only two Counsel heard on a side in appeals.

73. Nautical assessors.

Judgment

74. Notice to parties of day fixed for delivery of judgment.

Costs

75. Taxation of costs.

76. What costs taxed in England.

77. Order to tax.

78.Power of taxing officer where taxation delayed through the fault of the party
whose costs are to be taxed.







79. Appeal from decision of taxing officer.

80. Amount of taxed costs to be inserted in Her Majesty's Order in Council.

81. Taxation on the poor person scale.

82.Security to be dealt with as Her Majesty's Order in Council determining appeal
directs.

Miscellaneous

83. Power to excuse from compliance with Rules.

84. Amendment of documents.

85. Affidavits may be sworn before the Registrar.

86. Change of agent Schedule A. Rules as to reproduction
of documents. Schedule B. 1. Scale of costs allowed.
II. Council Office fees.





RULES

1. (1) In these Rules, unless the context otherwise requires:-

'Abroad' means the country or place where the Court appealed from is situate;

Agent means a solicitor qualified by virtue of Her late Majesty's Order in Council
of the 6th March 1896 to conduct proceedings before Her Majesty in
Council on behalf of another;

-Appeal- means an appeal to Her Majesty in Council;

'Judgment' includes decree, order, sentence, or decision of any Court, judge or
judicial officer;

'Party' and all words descriptive of parties to proceedings before Her Majesty in
Council (such as 'petitioner', 'appellant', 'respondent') mean, in respect of
all acts proper to be done by an agent, the agent of the party in question
where such party is represented by an agent;

'Pending appeal' means an appeal in respect of which the Record has been
registered in the Registry;

-Proper officer' means the registrar or other proper officer of the Court appealed
from;

'Record' means the aggregate of papers relating to an appeal (including the
pleadings, proceedings, evidence, judgments and order granting leave to
appeal) proper to be laid before Her Majesty in Council on the hearing of the
appeal;

-Registrar- means the Registrar of the Privy Council;

-Registry- means the Registry of the Privy Council, Downing Street, London;

-Respondent- includes intervener.

(2) Where by these Rules any step is required to be taken in England in
connection with proceedings before Her Majesty in Council, whether in the way of
lodging a document, entering an appearance, lodging security. or otherwise, such
step shall be taken in the Registry.

Leave to appeal

2. No appeal shall be admitted unless either-

(a) leave to appeal has been granted by the Court appealed from; or

(b)in the absence of such leave, special leave to appeal has been granted by
Her Majesty in Council.

Special leave to appeal

3. (1) A petition for special leave to appeal shall-

(a)state succinctly all such facts as it may be necessary to state in order to
enable the Judicial Committee to advise Her Majesty whether such leave
ought to be granted;

(b)deal with the merits of the case only so far as is necessary to explain the
grounds upon which special leave to appeal is sought; and

(c)be signed by the Counsel who attends at the hearing or by the party
himself if he appears in person.







(2) A petition for special leave to appeal may include a prayer for special
leave to appeal as a poor person.

4. A petitioner for special leave to appeal shall lodge-

(a)six copies of the petition and of the judgment from which special leave
to appeal is sought;

(b) an affidavit in support of the petition as prescribed by rule 50;

(c)unless a caveat as prescribed by rule 48 has been lodged by the other
parties who appeared in the Court below, an affidavit of service upon
such parties of notice of the intended application.





5. A petition for special leave to appeal shall be lodged A with the least possible
delay after the date of the judgment from which special leave to appeal is sought.

6. (1) Where the Judicial Committee agree to advise Her Majesty to grant
special leave to appeal, they shall, in their Report

(a)specify the amount of the security for costs (if any) to be lodged by the
petitioner; and

(b)subject to paragraph (3), provide for the transmission of the Record by
the proper officer lo the Registrar and for such further matters as may be
necessary.

(2) Unless otherwise ordered. the security for costs shall be lodged before the
appellant enters an appearance.

(3) Where an appeal has been admitted by Order of Her Majesty in Council
granting special leave to appeal and an authenticated copy of the Record was
produced upon the hearing of the petition for such special leave. then if the Order
in Council so provides. such copy may be accepted as the Record proper to be laid
before Her Majesty, on the hearing of the appeal and the provisions of rule 14
shall not apply.

7. Save as otherwise provided by rules 3 to 6. the provisions of rules 47 to 50
and 52 to 59 shall apply to petitions for special leave.

8. A petitioner who seeks special leave to appeal as a poor person shall lodge
together with his petition

(a)an affidavit that he is not worth
his interest in the subject-matter of the appeal and that he is unable to
pros provide sureties; and

(b) a certificate of Counsel that the petitioner has reasonable ground of
appeal.

9. Where a petitioner has obtained special lea\ c to appeal as a poor person he
shall not he required to lodge security for the costs of the respondent or to pay
any Council Office fees.

10. A petitioner whose petition for special leave to appeal as a poor person is
dismissed may. if Her Majesty in Council so orders. be excused from paying any
Council Office fees in respect of that petition.

Record and appearance by appellant

11. (1) As soon as the appeal has been admitted. whether by an order of the
Court appealed from or by an Order of Her Majesty in Council granting special
leave c to appeal (unless in such case the said Order in Council otherwise provides).
the appellant shall without delay take all necessary steps to have the Record
transmitted to the Registrar.

(2) The proper officer shall, as soon as the Record is so transmitted. certify to
the Registrar that the respondent has received notice, or is otherwise aware of

(a)the order of the Court appealed from granting leave to appeal or of Her
Majesty in Council granting special leave to appeal; and

(b) the dispatch ofthe Record to the Registrar.

(3) If an appellant who has obtained special leave to appeal fails to have the
Record transmitted promptly to the Registrar the Registrar may

(a) call upon the appellant to explain his default; and







(b)in the absence of any. or any sufficient. explanation of the default.
summon the appellant to show cause before the Judicial Committee why
the special leave to appeal should not be rescinded.

(4) On the hearing of a summons issued under paragraph (3). the respondent
shall be entitled to be heard and to apply for costs or other relief.

(5) The Judicial Committee may, after considering any such summons.
recommend to Her Majesty to rescind the grant of special leave to appeal or may
give such directions as the justice of the case may require.





12. (1) The Record may be reproduced either abroad or in England.

(2) The reproduction shall comply with the provisions contained in Schedule
A hereto.

13. (1) Where the Record is reproduced abroad, the proper officer shall, at
the expense of the appellant, transmit to the Registrar 30 copies, one of which he
shall certify to be correct by signing his name on, or initialling. every eighth page
thereof and by affixing thereto the seal, if any, of the Court appealed from.

(2) If on the arrival in the Registry of a Record which has been reproduced
abroad it is found that it has not been reproduced in accordance with these Rules,
the Registrar may direct that it be rearranged or that further copies be reproduced
as may be necessary.

14. (1) Where the Record is to be reproduced in England the proper officer
shall, at the expense of the appellant, transmit to the Registrar one certified copy,
together with an index of all the papers and exhibits in the case.

(2) No other certified copies of the Record shall be transmitted to the agents
in England by or on behalf of the parties to the appeal.

15. The order ofthe Court appealed from granting leave to appeal. or the
Order of Her Majesty in Council granting special leave to appeal, as the case may
be. shall be included in the Record.

16. There shall be included in the Record the reasons given by the judge. or
any of the judges, for or against any judgment pronounced in the course of the
proceedings out of which the appeal arises.

17. (1) The proper officer. as well as the parties. shall endeavour to exclude
from the Record all documents which are merely formal and are not relevant to
the subject-matter of the appeal and. generally, to reduce the bulk of the Record as
far as practicable. taking special care to avoid the repetition of documents and
headings and other merely formal parts of documents.

(2) Documents excluded from the Record shall be enumerated in a list to be
transmitted with the Record.

18. Where in the course of the preparation of a Record one party objects to
the inclusion of a document on the ground that it is unnecessary or irrelevant. and
the other party nevertheless insists upon its being included. the Record as finally
reproduced shall, with a view to the subsequent adjustment of the costs of and
incidental to such document, indicate, in the index or elsewhere. the fact that. and
the party by whom, the inclusion of the document was objected to.

19. (1) As soon as the Record is received in the Registry it shall be registered
with the date of arrival, the names of the parties and the description whether ---
reproduced-or 'not reproduced'.

(2) Appeals shall be numbered consecutively in each year in the order in
which the Records are received in the Registry.

20. The parties shall be entitled to inspect the Record and to extract all
necessary particulars therefrom for the purpose of entering an appearance.

21. The appellant shall enter an appearance before taking any further step in
the prosecution of the appeal, and after entering such appearance. shall forthwith
give notice thereof to the respondent, if the latter has entered an appearance.

22. Where the Record arrives in the Registry not having been reproduced, the
appellant shall enter an appearance and bespeak at his expense a copy of the
Record, or of such parts thereof as he may require

(a) within two months of its arrival, or







(b)in a case to which rule 6(3) applies. within one month from the date of
the Order in Council granting special leave to appeal.

23. (1) As soon as the appellant has entered an appearance and obtained any
copy of the Record bespoken by him, he shall arrange the documents in suitable
order, check the index, insert marginal notes and generally do what is required to
prepare the copy for reproduction in accordance with Schedule A hereto.





(2) If the respondent has entered an appearance. the appellant shall send him
the copy of the Record, as prepared for reproduction, for his approval.

(3) In the event of the parties being unable to agree. the matter shall be
referred to the Registrar who may himself give directions or may. if he thinks fit,
require the parties to attend before the Judical Committee.

24. As soon as the parties have agreed the Record, the appellant shall lodge it
for reproduction by a person or firm selected by the Registrar and on being notified
of the estimated cost of reproduction shall lodge the same.

25. (1) Whenever it shall be found that the decision of a matter on appeal is
likely to turn exclusively on a question of law, the parties. with the sanction of the
Registrar, may submit such question to the Judicial Committee in the form of a
special case. and reproduce such parts only of the Record as may be necessary to
enable the question to be argued.

(2) Nothing contained in sub-paragraph (1) shall in any way prevent the
Judicial Committee from ordering full argument on the whole case, if they shall so
think fit.

26. (1) The Registrar shall, as soon as proofs of the Record are ready, give
notice to every party who has entered an appearance requesting them to attend at
the Registry to examine the proofs and compare them with the certified Record,
and shall, for that purpose, furnish every such party with one proof.

(2) After such examination has been completed, the appellant shall, without
delay, lodge his proof duly corrected and (so far as necessary) approved by the
respondent and the Registrar shall thereupon cause at least 30 copies of the Record
to be struck off from such proof.

27. Each party who has entered an appearance shall be entitled to receive. for
his own use, five copies of the Record.

28. (1) Subject to any special direction from the Judicial Committee to the
contrary, the costs of and incidental to the reproduction of the Record shall form
part ofthe costs of the appeal.

(2) The costs of and incidental to the reproduction of any document objected
to by one party. in accordance with rule 18. shall, if such document is found on the
taxation of costs to be unnecessary or irrelevant, be disallowed to, or borne by. the
party insisting on including the same in the Record.

Petition of appeal

29. The appellant shall lodge his petition of appeal-

(a)where the Record arrives in the Registry having been reproduced, within
two months of such arrivals

(b)where the Record arrives in the Registry not having been reproduced.
within one month from completion of the reproduction thereof.. or, in a
case to which the provisions of rule 6(3) apply, within a period of
fourteen days from completion of the reproduction of the Record:

Provided that nothing in this rule shall preclude the appellant from lodging his
petition of appeal prior to the arrival of the Record, or the completion of the
reproduction, if there are special reasons why. in the opinion of the Registrar, it is
desirable for him to do so.

30. The petition of appeal shall-

(a) be in the form prescribed by rule 47(1);

(b)recite succinctly and, as far as possible, in chronological order, the






principal steps in the proceedings leading up to the appeal from the
commencement thereof down to the admission of the appeal:

(c.) not contain argumentative matter or travel into the merits of the case.

31. The appellant shall, after lodging his petition of appeal, serve a copy on
the respondent, as soon as the latter has entered an appearance, and shall endorse
such copy with the date of the lodgment.





Withdrawal of appeal

32. (1) Where an appellant, who has not lodged his petition of appeal, wishes
to withdraw his appeal he shall give notice to the Registrar.

(2) The Registrar shall forthwith by letter notify the proper officer that the
appeal has been withdrawn and the appeal shall thereupon stand dismissed without
further order.

33. (1) Where an appellant, who has lodged his petition of appeal, wishes to
withdraw his appeal, he shall present a petition to that effect to Her Majesty in
Council.

(2) On the hearing of any such petition a respondent who has entered an
appearance in the appeal shall, subject to any agreement between him and the
appellant to the contrary, be entitled to apply to the Judicial Committee for his
costs.

Non-prosecution of appeal

34. (1) Where an appellant takes no step in the prosecution of his appeal
within two months from the arrival of the Record in England. or, in a case to
which rule 6(3) applies, within one month from the date of the Order in Council
granting special leave, the Registrar shall with all convenient speed by letter
notify the proper officer that the appeal has not been prosecuted and the appeal
shall thereupon stand dismissed for non-prosecution without further order.

(2) A copy of the said letter shall be sent by the Registrar to any respondent
who has entered an appearance in the appeal.

35. ( 1) Where an appellant who has entered an appearance-

(a)fails to proceed with due diligence to take all such further steps as may be
necessary for the purpose of completing the reproduction of the Record;
or

(h)fails to lodge his petition of appeal within the periods respectively
prescribed by rule 29;

the Registrar shall call upon him to explain his default.

(2) If no explanation is offered, or if the explanation offered is. in the
opinion of the Registrar, insufficient, the Registrar shall. with all convenient
speed. by letter notify the proper officer that the appeal has not been effectively
prosecuted. and the appeal shall thereupon stand dismissed for non-prosecution.

(3) A copy of the said letter shall be sent by the Registrar to every party who
has entered an appearance in the appeal.

36. (1) Where an appellant, who has lodged his petition of appeal. fails
thereafter to prosecute his appeal with due diligence, the Registrar shall call upon
him to explain his default.

(2) If no explanation is offered, or if the explanation offered is. in the
opinion of the Registrar, insufficient, the Registrar shall issue a summons to the
appellant calling upon him to show cause before the Judicial Committee why the
appeal should not be dismissed for non-prosecution:

Provided that no such summons shall be issued before the expiration of one
year from the arrival of the Record in the Registry.

(3) A copy of the summons shall be sent to the respondent if he has entered
an appearance in the appeal and he shall be entitled to be heard at the hearing of
the summons and to ask for his costs and other relief.







(4) The Judicial Committee may, after considering the matter. recommend to
Her Majesty that the appeal be dismissed for non-prosecution. or give such other
directions therein as the justice of the case may require.

37. (1) An appellant whose appeal has been dismissed for non-prosecution
may present a petition to Her Majesty in Council praying that his appeal may be
restored.

(2) Where an appeal has been dismissed under rule 32. 34 or 35, a respondent
who has entered an appearance before such dismissal may apply to the Judicial
Committee for an order for costs.

Appearance by respondent

38. (1) The respondent may enter an appearance at any time between the
arrival of the Record and the hearing of the appeal.





(2) If the respondent unduly delays entering an appearance he shall, unless the
Judicial Committee otherwise direct. bear. or be disallowed. the costs occasioned by
such delay

39. The respondent shall after entering an appearance forthwith give notice
thereof to the appellant. if the latter has entered an appearance.

40. Where there are two or more respondents. of whom not all enter an
appearance. the appearance form shall set out the names of those who do enter an
appearance.

41. Two or more respondents may. at their own risk as to costs, enter
separate appearances in the same appeal.

42. A respondent who has not entered an appearance shall not be entitled to
receive from the Registrar any notices relating to the appeal, nor be allowed to
lodge a case in the appeal.

43. (1) Subject to any order of the Judicial Committee to the contrary, the
following provisions of this rule shall apply where a respondent fails to enter an
appearance in an appeal.

(2) If the Registrar is satisfied by a certificate under rule 11(2) or otherwise
that the non-appearing respondent has received notice. or is otherwise aware, that
the appeal has been admitted and that the Record has been dispatched to England,
the appeal may, if all other conditions of its being set down are satisfied, be set
down ex parte as against the non-appearing respondent at any time after the
expiration of two months from the lodging of the petition of appeal.

(3) Where it is shown to the satisfaction of the Registrar, by affidavit or
otherwise. either that an appellant has made ever\ reasonable endeavour to serve a
respondent with the notices mentioned in paragraph (2) and has failed to effect
such set-\ ice, or that it is not tile intention ofthe respondent to enter an
appearance to the appeal, the appeal may without further order in that behalf and
at the risk of the appellant. be proceeded ex parie as against the non-appearing
respondent.

44. A respondent who desires to defend an appeal as a poor person may
present a petition to that effect to Her Majesty in Council, which Petition shall be
accompanied by an affidfit it front him stating that he is not worth
from his wearing apparel and his interest in the subject-matter of the appeal.

Petitions generally
45. (1 ) All petitions for orders or directions as to matters of practice or
procedure not ink involving any change in the parties to an appeal shall be
addressed to the Judicial Committee.

(2) All other petitions shall be addressed to Her Majesty in Council, but a
petition which is properly addressed to Her Majesty, in Council may include, as
incidental to the relief thereby sought. a prayer for orders or directions as to
matters of practice or procedure.

46. Where an order made by the Judicial Committee does not embody any
special terms or include any, special directions, it shall not, unless the Committee
otherwise direct. be necessary to draw up such order. but a note thereof shall be
made by the Registrar.

47. (1) All petitions shall consist of paragraphs numbered consecutively and
be endorsed with the name of the Court appealed from. the full title and Privy
Council number of the appeal to which the petition relates or the full title of the
petition (as the case may be), and the name and address of the agent of the
petitioner.

(2) Except as provided by rule 3. a petition need not be signed.







(3) Unless the petition is a consent petition within the meaning of rule 56, at
least six copies shall be lodged.

48. (1) Where a petition which does not relate to any pending appeal is
expected to be, or has been. lodged, any person claiming a right to appear before
the Judicial Committee on the hearing ot such petition may lodge a caveat relating
thereto.





(2) A caveator shall be entitled to receive-

(a)from the Registrar, notice of the lodging of the petition, if the petition
has not then been lodged; and

(b)from the petitioner, if and when the petition is lodged, a copy of the
petition and (at his own expense) of any paper lodged by the petitioner in
support of his petition.

(3) If the petition has been lodged, a caveator shall after lodging his caveat
forthwith give notice to the petitioner.

49. (.1) Where a petition is lodged in the matter of any pending appeal, the
petitioner shall serve a copy thereof on every party who has entered an
appearance.

(2) A party so served shall be entitled to require the petitioner to furnish him,
at his own expense, with copies of any papers lodged by the petitioner in support
of his petition.

50. (1) A petition not relating to any pending appeal. and any other petition
containing allegations of fact which cannot be verified by reference to the
registered Record or any certificate or duly authenticated statement of the Court
appealed from, shall be supported by affidavit.

(2) Where the petitioner prosecutes his petition in person, the affidavit shall
be sworn by the petitioner himself and shall state that, to the best of the
deponent's knowledge, information and belief, the allegations contained in the
petition are true.

(3) Where the petitioner is represented by an agent. the affidavit shall be
sworn by the agent and shall, besides stating that, to the best of the deponent's
knowledge, information and belief, the allegations contained in the petition are
true, show how the deponent obtained his instructions and the information
enabling him to present the petition.

51. A petition for an order of revivor or substitution shall be accompanied by
a certificate or duly authenticated statement from the Court appealed from
showing who, in the opinion of that Court. is the proper person to be substituted,
or entered. on the Record in place of, or in addition to, a party. who has died or
undergone a change of status.

52. The Registrar may refuse to receive a petition on the ground that it
discloses no reasonable cause of appeal, or is frivolous, or contains scandalous
matter or fails to comply with the provisions of rule 3. but the petitioner may
appeal. by way of motion, from such refusal to the Judicial Committee.

53. As soon as a petition and all necessary documents are lodged the petition
shall thereupon be deemed to be set down.

54. On each day appointed for the hearing of petitions the Registrar shall,
unless the Judicial Committee otherwise direct, put in the list for hearing all such
petitions as have been set down:

Provided that, in the absence of special urgency, no petition, if opposed, shall
be put in the paper for hearing before the expiration of ten clear days from the
lodging thereof, unless the opponent consents to the petition being heard earlier.

55. Subject to the provisions of the next following rule, the Registrar shall, as
soon as a day has been appointed for the hearing of a petition, notify all parties
concerned of the day so appointed.

56. (1) Where the prayer of a petition is consented to in writing by the
opposite party, or where a petition is of a formal and non-contentious character,
the Judicial Committee may, if they think fit, make their report to Her Majesty






on such petition or make their order thereon, as the case may be, without requiring
the attendance of the parties in the Council Chamber.

(2) The Registrar shall in that event as soon as the Committee have made
their report or order notify the parties that the report or order has been made and
of its date and nature.

57. (1) A petitioner who desires to withdraw his petition shall give notice in
writing to that effect to the Registrar.

(2) Where the petition is opposed, the opponent shall, subject to. any
agreement between the parties to the contrary, be entitled to apply to the Judicial
Committee for his costs.





58. (1) Where a petitioner unduly delays bringing a petition to a hearing, the
Registrar shall call upon him to explain the delay.

(2) If no explanation is offered, or if the explanation offered is, in the
opinion of the Registrar, insufficient, the Registrar may, after notifying all parties
interested of his intention to do so, list the petition for hearing on the next
following day appointed for the hearing of petitions for such directions as the
Judicial Committee may think fit.

59. At the hearing of a petition not more than one Counsel shall be admitted
to be heard on a side.

Case

60. No party to an appeal shall be entitled to be heard by the Judicial
Committee unless he has previously lodged his case in the appeal:

Provided that a respondent who has entered an appearance but does not desire
to lodge a case in the appeal may give the Registrar notice in writing of his
intention not to lodge any case while reserving his right to address the Judicial
Committee on the question of costs.

61. The case shall be reproduced in accordance with rule 1 of Schedule A
hereto and shall be signed by at least one of the Counsel who attends at the hearing
of the appeal or by the party himself if he conducts his appeal in person.

62. Each party shall lodge 20 copies of his case.

63. (1) The form of the case shall comply with the following requirements of
this rule

(a) it shall consist of paragraphs numbered consecutively:

(b)it shall state. as concisely as possible. the circumstances out of which the
appeal arises. the contentions to be urged by the party lodging it, and the
reasons of appeal

(c)references by page and line to the relevant portions of the Record as
reproduced shall, as far as practicable, be reproduced in the margin;

(d)care shall be taken to avoid, as far as possible, the recital of long extracts
from the Record.

(2) The taxing officer, in taxing the costs of the appeal, may, either of his
own motion or at the instance of the opposite party, inquire into any unnecessary
prolixity in the case and disallow the costs occasioned thereby.

64. Two or more respondents may, at their own risk as to costs, lodge
separate cases in the same appeal.

65. Each party shall, after lodging his case, forthwith give notice thereof to
the other party.

66. (1) The party who lodges his case first may, at any time after the
expiration of three clear days from the day on which he has given the other party
the notice prescribed by rule 65, serve such other party with a notice (in this rule
called a---case notice') requiring him to lodge his own case within one month of
the service of the case notice:

Provided that no case notice shall be served until after the completion of the
reproduction of the Record.

(2) If the party on whom a case notice has been served fails to comply
therewith, the party who served the case notice may, at any time after the
expiration of the time limited by the case notice, lodge an affidavit of service






setting out the terms of the case notice and the appeal shall thereupon, if all other
conditions of its being set down are satisfied, be set down ex parte as against the
party in default.

(3) Nothing shall preclude a party in default under paragraph (2) hereof from
lodging his case, at his own risk as regards costs and otherwise, at any time up to
the date of hearing.

67. (1) Subject to the provisions of rule 43 and of the last-preceding rule, an
appeal shall be set down as soon as the cases on both sides are lodged.





(2) The parties shall thereupon exchange cases by handing one another five
copies of their respective cases.

Binding Record, &c.

68. (1) As soon as an appeal is set down, the appellant shall obtain from the
Registry seven copies of the Record and cases to be bound for the use of the
Judicial Committee at the hearing and shall lodge the seven bound copies at
the earliest possible date.

(2) The copies shall be bound with plastic comb binding in limp cornflower
blue covers of fibre board substance.

(3) The front cover shall state the title and Privy Council number of the
appeal, the contents of the volume, and the names and addresses of the agents.

(4) The several documents, indicated by incuts shall be arranged in the
following order

(1)Appellant's case; (2) Respondent's case; (3) Record: (4) Supplemental
Record (if any).

Hearing

69. Not less than 3 clear days before the hearing of an appeal. each party
shall lodge a written list of authorities to be cited at the hearing.

70. The Registrar shall name a day on or before which appeals must beset
down if they are to be entered in the list of business for the ensuing sittings.

71. The Registrar shall, at the earliest possible date. notify every party to an
appeal, who has entered an appearance. of the day appointed for the hearing of
the appeal and the parties shall be in readiness to be heard on the day so
appointed.

72. At the hearing of an appeal not more than two counsel shall be admitted
to he heard on a side.

73. In Admiralty appeals the Judicial Committee may. if they think fit,
require the attendance of two nautical assessors.

Judgment

74. Where the Judicial Committee, after hearing an appeal, decide to reserve
judgment, the Registrar shall in due course notify the parties of the day appointed
for the delivery of the judgment.

Costs

75. All bills of costs under the orders of the Judicial Committee shall be taxed
by the Registrar, or such other person as the Judicial Committee may appoint, and
all such taxations shall be regulated by the scale set forth in Part I of Schedule B
hereto.

76. The taxation of costs in England shall be limited to costs incurred in
England.

77. (1) The Registrar shall, as soon as possible after the Judicial Committee
have given their decision as to the costs of an appeal, petition or other matter,
issue to the party to whom costs have been awarded an order to tax and a notice
specifying the day and hour appointed by him for taxation. 1

(2) The party receiving such order and notice shall, not less than 4 clear days
before the time appointed for taxation, lodge his bill of costs (together with all
necessary vouchers for disbursements) and serve the opposite party with a copy






thereof and of the order and notice.

78. Any party who fails to lodge his bill of costs (together with all necessary
vouchers for disbursements) within the time prescribed by the last-preceding rule.
or who in any way delays or impedes a taxation. may be disallowed the charges to
which such party would otherwise be entitled for drawing his bill of costs and
attending the taxation.

79. (1) Any party aggrieved by a taxation may appeal to the Judicial
Committee.





(1) The appeal shall be heard by way of motion. and the party appealing shall
give three clear days' notice of motion to the opposite party, and shall also leave a
copy of such notice in the Registry.

80. The amount allowed on the taxation shall. subject to any appeal to the
Judicial Committee, be inserted in Her Majesty's Order in Council determining the
appeal or petition:

Provided that, where such taxation has not been completed before the date of
Her Majesty's said Order in Council, the Registrar may, issue a certificate of the
amount allowed.

81. (1) Where the Judicial Committee directs costs to be taxed on the poor
person scale, the taxing officer shall

(a) not allow any fees of Counsel. and

(b)only award to the agents out-of-pocket expenses and a reasonable
allowance to cover office expenses, such allowance to be taken at about
three-eighths of the usual professional charges in ordinary appeals.

(2) The poor person scale shall apply to and include the application upon
which leave to appeal as a poor person was granted.

82. Where the appellant has lodged security for the respondent's costs of an
appeal in the Registry, the Registrar shall deal with such security in accordance
with the directions contained in Her Majesty's Order in Council determining the
appeal.

Miscellaneous

83. (1) The Registrar may give such directions in matters of practice and
procedure as may, be just and expedient and may for sufficient cause shown excuse
the parties from compliance with any of the requirements of these Rules.

(2) If in the opinion of the Registrar it is desirable that any application for
such direction or such excusal should be dealt with by the Judicial Committee in
open Court he may direct the applicant to lodge in the Registry, and to serve the
opposite party with, a notice of motion returnable before the Committee.

(3) Any party aggrieved by a direction given by the Registrar may appeal, by
way of motion. to the Judicial Committee.

84. (1) Any document lodged in connection with an appeal, petition or other
matter pending before Her Majesty in Council or the Judicial Committee may be
amended by leave of the Registrar.

(2) If the Registrar is of opinion that an application for leave to amend
should be dealt with by the Committee in open Court. he may direct the applicant
to lodge in the Registry, and to serve the opposite parts, with, a notice of motion
returnable before the Committee.

85. Affidavits relating to any appeal. petition or other matter pending before
Her Majesty in Council or the Judicial Committee may be sworn before the
Registrar.

86. (1) Where a party to an appeal. petition or other matter pending be fore
Her Majesty in Council changes his agent, such party, or the new agent, shall
forthwith give the Registrar and the outgoing agent notice of the change, and shall
amend the appearance accordingly.

(2) Unless such notices are given the former agent shall be considered the
agent of the party until the final conclusion of the appeal. petition or other
matter.







SCHEDULE A

RULES AS To REPRODUCTION OF DOCUMENTS

1. (1) All Records, cases and other proceedings in appeals or other matters
pending before Her Majesty in Council or the Judicial Committee which are
required by the above Rules to be reproduced shall be reproduced on A4 ISO
paper.

(2) Each page shall be numbered.

(3) The number of lines on each page of type shall be 47 or thereabouts. and
every tenth line shall be numbered in the margin.





2. The Record shall. where practicable. be arranged in two parts in the same
volume. viz:

Part 1.The pleadings and proceedings. the transcript of the evidence of the
witnesses, the judgments. orders etc.. of the courts below down to
the order admitting the appeal.

Part 11. The exhibits and documents.

3. (1) The index to both parts of the Record shall be placed at the beginning
of Part 1.

(2) Where a Record is in more than one volume. each volume shall contain
an index of its contents.

(3) The index to Part 1 shall be in chronological order: the index to Part 11
shall follow the order of the exhibit mark.

(4) A list of any documents transmitted to the Privy Council but not
reproduced shall be inserted in the Record after the index to Part II.

4. (1) The documents in Part 1 of the Record shall be arranged in
chronological order.

(2)(a) Part 11 shall be arranged in the most convenient way. for the use of
the Judicial Committee. as the circumstances of the case require.

(b)The documents shall be as far as suitable in chronological order. mixing
plaintiff's and defendant's documents together when necessary.

G.)Each document shall show its exhibit mark and whether it is a plaintiff's
or defendants document (unless this is clear from the exhibit mark).

(i/) Documents relating to the same matter. such as-

(i) a series of correspondence. or

(ii) proceedings in a suit other than the one under appeal.

,,hall be kept together.

(v) The page number of each document shall be inserted ted in the index.

5. ( 1 ) The documents in Part 1 shall he numbered consecutively.

(2) The documents in Part 11 shall not he numbered. apart from the exhibit
mark.

6. Each document shall have a heading which shall consist of the number or
exhibit mark and the description of the document in the index. without the date.

7. Each document shall have a marginal note which shall be repeated on each
page over which the document extends. \

PART 1

(a)Where the case has been before more than one Court. the short name of
the Court shall first appear. Where the case has been before only one
Court, the name of the Court need not appear.

(b)The marginal note of the document shall then appear consisting of the
number and the description of the document in the index. with the date.
except in the case of oral evidence.

(e)In the case of oral evidence. 'plaintiff's evidence- or -defendant's






evidenceshall appear beneath the name of the Court. and then the
marginal note consisting of the number in the index and the witness's
name. with---examination-, -cross-examination- or -re-examination-. as
the case may be.

PART II

The word -Exhibits- shall first appear.

The marginal note of the exhibit shall then appear consisting of the
exhibit mark and the description of the document in the index, with the
date.

8. (1) The parties shall agree to the omission of formal and irrelevant
documents, but the description of the document may appear (both in the index
and in the Record), if desired, with the words---notreproduced'* against it.





(2) A long series of documents, such as accounts, rent rolls, inventories, etc.,
shall not be reproduced in full unless Counsel so advise, but the parties shall agree
to short extracts being reproduced as specimens.

SCHEDULE B

PART 1

SCALE OF COSTS ALLOWED IN APPEALS OR OTHER MATTERS
BEFORE THE
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Agents are required to adhere as far as possible to the items shown below, but
it is within the discretion of the taxing officer to allow further charges:

(a) in relation to items not mentioned:

or

(b) of an amount higher than that prescribed.

A

APPELLANT'S COSTS OF PETITION FOR SPECIAL LEAVE To
APPEAL(a)

Retainer.... .......... 4.00

Perusing papers sent from abroad in support of petition(b) .. -

Copies of necessary papers for Counsel, per page(c) ...... 0.25

Paid fee to Counsel to settle petition............ -

Six copies of petition and judgment for lodging. per page .... 0.25

Affidavit in support of petition (including drawing. swearing and

lodging).... .......... 7.00

Copy petition and affidavit for respondent. per page ...... 0.25

Instructions to Counsel to support petition .......... 4.00
Copy petition and affidavit for Counsel. per page ...... 0.25

Paid fee to Counsel(d).. ..... ........ -

Attending Council Chamber when petition heard ...... 10.00-20.00

Paid Council Office fees (as paid) ..... .......... -

Order (including approving draft and writing agent abroad with Order

and copy for use).... .......... 6.00

Instructions. (This item should include itemized breakdown of any

work necessarily done which is not otherwise provided for) .. -

B

RESPONDENT'S COSTS OF OPPOSING PETITION FOR SPECIAL LEAVE To
APPEAL(e)

Retainer.......... .................... 4.00







Caveat (including lodging and service on petitioner if petition already

lodged).................... . 1 ........... 4.00

(a)These fees are applicable mutatis mutandis to an application for stay. of
execution and other matters of a similar character. The costs of obtaining
special leave to appeal form part of the bill of costs of the appeal, and are
usually taxed at the APPEAL of the matter.

(b)If leave to appeal is granted, this amount is taken into consideration in
connection with the fee allowed for APPEAL the Record, as most of the
documents sent over for the application for special leave to appeal
ultimately form part of the Record. At this preliminary stage an entire
perusal of the Record is unnecessary.

(e)Only those strictly necessary for the purpose of settling the petition-not
the whole Record.

(d) One Counsel only is allowed. Retainer fee not allowed.

(e)When special leave to appeal is granted, these costs form part of a
successful respondent's costs of appeal, and are taxed on the conclusion of
the matter. This contemplates the petition being dismissed with costs.





Perusing documents sent from abroad, according to length.....

Perusing petition, per 5 pages.. .............. 2.00

Copies of necessary papers for Counsel, per page ...... 0.25

Instructions to Counsel to oppose petition .......... 4.00

Paid Counsel's fee(a).. ............ -

Attending Council Chamber when petition heard ...... 10.00-20.00
Bill of costs (including drawing and copying) per page .... 2.00

Attending taxation.. ............ 10.00

Paid Council Office fees (as paid).. ............ -

Order (including approving draft and writing agent therewith) .. 6.00

Instructions. (This item should include an itemized breakdown of any
work necessarily done which is not otherwise provided for).....

c

APPELLANT'S COSTS OF APPEAL

Retainer.. .... 3.00

Filing enquiry card at Registry ** ... .. 2.00

Appearance (including drawing. entering and notifying respondent) 5.00

Record reproduced abroad

Perusing Record. per each 10 pages.. .......... 4.00

Record reproduced in England

Paid Registry for copy of certified Record or part thereof (as paid)(b)

Perusing the same, for each 10 pages(c) .. ; ........ 2.00

Preparing Record for reproduction (including making copy, for
stationer, drawing index and marginal notes. and obtaining

respondent's approval) for the first 100 pages ........ 35.00

for each additional 10 pages(d).. .......... 2.00

Examining proof at Registry with certified copy(e)-

each day, 15.00
each half day 7.50

Correcting revised reproduced copy for striking off per 10 pages 1.00

Paid stationer's bill (as paid).. .............. -

Revivor or consolidation

Petition for revivor or consolidation (including receiving
instructions, drawing and copying petition, serving, lodging and
approving draft

Order).. .......... 25.00







Retainer to Counsel

Instructions for retainer to Counsel.. .... - .. 2.00

Paid his fee.. ............ 5.00

(a) One Counsel only is allowed. Retainer fee not allowed.

(b)If the appellant has a duplicate Record in his possession. this should be used
instead of obtaining a copy, after checking same against certified copy.

(c)If the Record is in a confused state and requires re-arrangement. a further
fee may be allowed.

(d)Attention is directed to rules 17 and 18 as to the disallowance of the costs
of including unnecessary documents.

(c) Appointments for this are made by the Registry.





Petition of appeal

Petition of appeal (including drawing. copying and lodging) .. 12.00

Instructions to Counsel to settle(a).. .......... 2.00

Paid his fee.. ............ 10.00

Case

Paid Junior Counsel to settle.............. -

Two copies of case as settled by Junior Counsel. to settle in consulta-

tion. per page............ 0.25

Paid Senior Counsel to settle.. .......... -

Paid consultation fee to Senior Counsel..... ...... ...
Paid consultation fee to Junior Counsel..... ........ -

Attending consultation.... . ...... 10.00

Copy case for stationer. per page.. ............ 0.25

Paid stationer.. ............ -

Lodging and exchanging cases.. ...... 1 .. 5.00

Perusing respondent's case. per 10 pages ............ 3.00

Case notice

Case notice (drawing. copying and serving) ........ 5.00

Affidavit of service (drawing. copying, swearing and lodging) .. 10.00

Binding Record and cases(b)

Obtaining copies for binding and giving instructions to bind and

lodging seven bound copies for the use ofthe Board ...... 9.00

Paid binder.. .......... -

Briefs(c)

Instructions to Senior Counsel to argue .......... 6.0.0

Paid his fee.. ............ -

Instructions to Junior Counsel to argue .......... 6.00

Paid his fee.. ............ -

Hearing

Preparing and lodging list of authorities .......... 2.00
Preparing and lodging estimate of hearing .......... 2.00

Attending Council Chamber when appeal heard. each day(d) .... 15.00-30.00

Paid refresher fee to Senior Counsel............... ...

Paid refresher fee to Junior Counsel............ -







Judgment

Attending to hearing judgment.. .......... 5.00
Paid Counsel to hear judgment.. ........... 15.00

Taxation and concluding charges

Drawing and copying bill of costs. per page .......... 2.00

Lodging and serving bill of costs.. ............ 4.00

Attending taxing.............. 15.00
Paid Office fees (as paid).............. ...
-

Order (approving draft and writing agent abroad with final Order) 6.00

(a) The petition of appeal is not now usually settled by Counsel.

(b) No charge for binding must appear in the respondent's bill as this is entirely a
1 matter for the appellant.

(e) Two Counsel only allowed.

(d) Cost of shorthand notes are not allowed.





General
Instructions-To include itemized breakdown of any necessary work
done and not otherwise provided for. Details showing
time occupied and by whom. personal attendances,
telephone attendances and letters in and out should be
set out. The amount sought for general care and
conduct should be shown.

D

RESPONDENT'S COSTS OF APPEAL

With the exception of the following items the scale is similar to
the appellant's bill.

Record reproduced in England

Perusing record as received, for each 10 pages ........ 2.00
Examining proof at Registry with certified copy-

each day 15.00
each half da~7.50
Correcting revised reproduced copy. per 10 pages.. 1.00

Petition of appeal

Perusing petition of appeal............ .............. .3.00

PARI 11

COUNCIL OFFICE FEES

Entering appearance ..1.. .......... 4.00
Amending appearance.. .......... 2.00

Examining proof of Record with the certified Record at the Registry

(chargeable to appellant only) ......... per day 8.00

per half day 4.00

Lodging petition of appeal ... ........ 15.00
Lodging petition for special leave to appeal ........ ...
8.00
Lodging any other petition or motion.. .......... 4.00
Lodging case or notice under rule 60.. .......... 8.00

Setting down appeal (chargeable to appellant only) ...... 22.00

Setting down petition for special leave to appeal (chargeable to

Petitioner only).. ............ 8.00

Setting down any other petition (chargeable to petitioner only) 4.00

Summons.. .......... 4.00

Committee report on petition.. ............ 15.00
Committee report on appeal.. ............ 24.00

Original Order of Her Majesty in Council determining an appeal 12.00

Any other original Order of Her Majesty in Council ...... 8.00
Plain copy of an Order of Her Majesty in Council .. 2.00






Original Order of Judicial Committee on Appeal ...... 24.00

Any other original Order of Judicial Committee ........ 15.00

Plain copy of Committee Order.. ............ 2.00

Lodging affidavit.. ............ 4.00

Certificate delivered to parties.. ............ 4.00

Lodging caveat.. ............ 4.00

Taxing fee-5% ofthe sum allowed.





1959 No. 377

THE MAINTENANCE ORDERS (FACILITIES FOR
ENFORCEMENT) ORDER 1959

(Omitted as not applicable to Hong Kong since Hong Kong
was omitted from the First Schedule to the
Order by S.I. 1979 No. 116)

REVISED EDITION 1980

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





1959 No. 867.
THE NAVAL DISCIPLINE (COLONIAL NAVAL FORCES) ORDER
1959.

Made - - - - 13th May, 1959.

Coming into Operation - 20th May, 1959.

At the Court at Buckingham Palace, the 13th day of May, 1959.

Present,

The Queen's Most Excellent Majesty in Council.

Her Majesty, in pursuance of the powers conferred upon Her by
subsection (1) of section 116 of the Naval Discipline Act 1957(a), is
pleased by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows

1. Each of the naval forces specified in the first column of the
Schedule to this Order and raised by the Colonies specified opposite
thereto in the second column of the said Schedule shall be subject to
the Naval Discipline Act 1957, so far as it relates to the offences of
desertion or absence without leave, and to the arrest, trial and
punishment of persons who have committed or are suspected of having
committed either of the said offences.

2. This Order may be cited as the Naval Discipline (Colonial Naval
Forces) Order 1959 and shall come into operation on the twentieth day
of May. 1959.

W. G. AGNEW.

SCHEDULE.

Naval Force. Colony.

Nigerian Navy............... Federation of Nigeria.
Royal East African Navy.......... East Africa High Commission.
Sierra Leone Naval Volunteer Force..Sierra Leone.
Hong Kong Royal Naval Volunteer

Reserve.................Hong Kong. Fiji Royal Naval
Volunteer Reserve..Fiji. Mauritius Naval Volunteer Force
..... Mauritius.