‘File 7/1 I Kuwait Order-in-Council (Jurisdiction Over Foreigners)’ [‎97v] (194/394)

and such Act, Law, Order, Form, Regulation,
or procedure shall be construed accordingly.
Where, under any such Imperial Act, Law,
nr Order, any publication is required to be
made, as respects any judicial proceeding in
any “ Gazette ” or otherwise, such publication
shall be made by such mode as the Court shall
think tit to direct.
Part III.— -Criminal.
14 _—(i) Subject to the other provisions of
this Order, the Code of Criminal Procedure
and the other enactments relating to the ad
ministration of criminal justice in British India
for the time being shall be applicable to Kuwait.
The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran.
shall hold and form a Court, to be called the
Chief Court, which shall have all the powers
of a High Court of Judicature : the Political
Agent at Kuwait shall be deemed to be the
District Magistrate and Sessions Judge ; the
Judicial Assistant to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency.
.shall be deemed to be the additional District
Magistrate and additional Sessions Judge ; and
the powers of the Governor-General in Council
and of the Local Government under those en.-
actments shall be exercisable by the Secretary
of State, or, with his previous or subsequent
assent, by the Governor-General of India in
Council.
Notwithstanding, in any case triable by a
subordinate Magistrate under Chapters XVI to
XXIII inclusive of the Indian Penal Code if
both the complainant and defendant are
Muhammadans and are acquiescent in such
procedure, the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. may order the
case to be tried by a Qazi, a representative
from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. attending to record briefly
the proceedings. In such suits the judgment
passed by the Qazi shall not be carried into
effect until it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. ,
and the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall have power to
revise the finding and sentence as if the Qazi
were a subordinate Magistrate, or to return
the case for retrial to the same or another
Qazi. The sentence of the Qazi, when ratified
by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall for all purposes
be regarded as if it were the decision of the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in the District Court.
(2) Any jurisdiction exercisable by the Chief
Court in criminal matters under this Order
may be exercised by the Judge of that Court
either within the limits of this Order or else
where.
15. In cases in which the Code of Criminal
Procedure requires the sentence of a Court of
Session to be confirmed by the High Court, the
sentence shall be referred for confirmation to
the Governor-General of India in Council
instead of to the Chief Court.
16. Where a person subject to the Order is
accused of the commission of an offence, the
cognisance whereof appertains to the Court,
and it is expedient that the offence be enquired
of, tried, determined, and punished in a British
Possession, the accused may (under the Foreign
Jurisdiction Act, 1890, section 6 ) be sent for
trial to Bombay.
The Chief Court may, where it appears so
expedient, by warrant under the hand and
seal of the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , cause the accused
{o be sent for. tyial to Bombay accordingly.
The warrant shall be sufficient authority to
any person to whom it is directed to receive
and detain the person therein named and to
carry him to and deliver him up at Bombay,
according to the warrant.
Where any person is to tie sent to Bombay,
the Court before which he is charged shall
take the preliminary examination, and shall
bind over such of the proper witnesses as are
British subjects in their own recognisances to
appear and give evidence on the trial.
17 _( 1 ) The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. may by
General Order prescribe the manner in which,
and the places at which, sentences of imprison
ment are to be carried into execution within
the limits of the Order.
(2) The Court may in any case by warrant,
sealed with its seal, cause an offender convict
ed and sentenced to imprisonment before the
Court to be removed to, and imprisoned in,
any place that shall be prescribed by the Poln
Gcal Resident under the authority provided for
in sub-section ( 1 ) of this article.
18. Where an offender convicted before any
Court under this Order is sentenced to impri
sonment, and the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. proceeding
under section 7 of the Foreign Jurisdiction
Act, 1890, authority in that behalf being hereby
given to him, considers it expedient that the
sentence should be carried into effect else-
where than within the limits of this Order,
and the offender is accordingly sent for impri
sonment to a place outside the limits of this
Order, the place shall be either a place in the
Presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of Bombay, or a place in some other
part of His Majesty’s Dominions, the Govern
ment whereof consents that offenders may be
sent thither under this article, or a place in
which by treaty, grant, usage, sufferance, or
other lawful means His Majesty has jurisdic
tion, provided that if a person is not a British
subject he shall only be sent under this Article
to a place in His Majesty’s Dominions.
19. — ( 1 ) In cases of murder or culpable
homicide, if either the death or the criminal act
which wholly or partly caused the death hap
pened in Kuwait, a Court acting under this
Order shall have the like jurisdiction over any
person to whom this Order applies who is charged
either as a principal offender or as an abettor as
if both such criminal act and the death had
happened in Kuwait.
(2) In the case of any offence committed on
the high seas or within the Admiralty jurisdic
tion by any person w-ho at the time of committing
such offence was on board a British ship, or by
any British subject on board a foreign ship to
which he did not belong, the Court shall, subject
to the provisions of this Order, have jurisdiction
over such person as if the offence had been com
mitted within its jurisdiction.
(3) In cases tried under this article no
different sentence can be passed from the sen
tence which could be passed in England if the
crime were tried there.
(4) The foregoing provisions of this article
shall be deemed to be adaptations, 'for the pur
poses of this Order and of the Foreign Jurisdic
tion Act, 1890, of the following enactments,
namely :—
The Admiralty Offences (Colonial) Act,
1849 ;