"ملف ١/٧ I المرسوم الملكي البريطاني للكويت (السلطة القضائية على الأجانب)" [ظ‎‎٩‎٦] (٣٩٤/١٩٢)

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2
“ Secretary of State r ’ means one of His
Majesty’s Principal Secretaries of
State.
“ Shaikh of Kuwait,” hereinafter called
” the Shaikh,” means the ruling
Shaikh of Kuwait, or his duly
accredited representative for the
time being.
“ Ship ” includes any vessel used in navi
gation, however propelled, with her
tackle, furniture, and apparel, and
any boat or other craft.
” Treaty ” includes any capitulations, con
vention, agreement or arrangement
made by or on behalf of 11 is Majesty
with any State or Government, King,
Chief, people, or tribe, or to ihe
benefits of which His Majesty has
succeeded, whether the Shaikh is or
is not a party thereto.
“ Will ” means will, codicil, or other
f testamentary instrument.
The expressions “ person to whom this Order
applies ” and “ person subject to this Order ”
shall be construed in accordance with the' provi
sions of sub-article (1) of Article 8 .
Expressions used in any enactments applied
to Kuwait or in any rules^ regulations, or orders
made under this Order, shall, unless a contrary
intention appears, have the same respective
meanings as in this Order.
5.—(1) In this Order words importing the
plural or the singular may be construed as
. referring to one person or thing or to more
than one person or thing, and words importing
the masculine as referring ta the feminine, as
the case may require.
( 2 ) Where this Order confers any power or
imposes any duty, then, unless a contrary inten
tion appears, the power may be exercised and
the duty shall be performed from time to time
as occasion requires.
(3) Where this Order confers a power, or
imposes a^ duty on, or with respect to, a holder
of an office as such, then, unless a contrary
intention appears, the power may be exercised
and the duty shall be performed by, or with
respect to, the holder for the time being of the
office or the person temporarily acting °for the
holder.
(4) Where this Order confers a power to
make any rules, regulations, or orders, the power
shall, unless a contrary intention appears, be
construed as including a power exercisable in
the like manner and subject to the like consent,
and conditions, if any, to rescind, revoke, vary
or amend the rules, regulations or orders.
(5) This article shall apply to the construc
tion ol any regulations, rules, or orders made
under this Order, unless a contrary intention
appears.
6 . Where this Order refers to any specific
Act or Acts of Parliament, such reference shal
unless a contrary intention appears, be deerm*
to include any Act or Acts amending or sui
stituted for the same.
vn 7- IU | the , event of the death > incapaeit)
removal, or absence from Kuwait of the Politics
Agent tor the time being, all and every th
pouers, authorities, and immunities by thi
Order granted to him shall, until His Majesty T s
further pleasure is signified through the Gov
ernor-General of India in Council, be vested in
the Political Resident.
8.— (1) The powers conferred by this Order
shall extend to the persons and matters follow
ing, in so far as by treaty, grant, usage, suffer
ance, or other lawful means. His Majesty has
jurisdiction in relation to such persons, matters,
and things, that is to say :—
(1) British subjects, as herein defined, with
in the limits of this Order.
( 2 ) Foreigners with respect to whom the
Shaikh of Kuwait and any State,.
King, Chief or Government whose
subjects or under whose protection
they are have agreed with His
Majesty for, or consented to, the
exercise of jurisdiction by His
Majesty.
(<3) Kuwait subjects registered in the
Political Agency as being in the
regular service of British subjects or
foreigners ; with the proviso that all -y
cases wherein such Kuwait subjects
are concerned shall be dealt with in
accordance with the provisions of
Part V of this Order.
(4) The property and all personal or pro
prietary rights and liabilities within
the said, limits of British subjects
and of foreigners within sub-Artieie
(2) and of Kuwait subjects within
sub-Article (3), whether such persons
are themselves within or without the
limits of this Order.
{.■) j British ships and ships belonging to
foreigners within sub-Article- ' ( 2 .)
Avith their boats, and the persons and.
property on beard thereof, or belong
ing thereto, being within the limits
of this Order ; provided that juris
diction over foreign ships shall not
be exercised otherwise than accord
ing to the practice of the High
Court in England in the exercise of
jurisdiction, over, foreign ships.
(2) If any question arises Avhether the sub
jects or citizens of any country, State, or tribe
have or have not been placed under the jurisdic
tion of His Majesty, by agreement with, or the-
consent of, the Shaikh of Kmvait, it shall be
referred by the Court to the Political Resident
and a certificate under his hand and seal shall
be conclusive on the question, and judicial notice
shall be taken thereof.
9. All His Majesty’s jurisdiction exercisable
Avithin the limits of this Order for the hearing
and determination of criminal and civil matters
or for the maintenance of order, or for th-
control or administration of persons or property
or m relation thereto, shall be exercised under
and according to the provisions of this Order,
so far as this Order extends and applies.
established under this Order shall, as 1
there is proper opportunity, promote recor
tion and encourage and facilitate the s
ment in an amicable way, and wi
recourse to litigation, of matters in diffe
between persons subject to this Orde