CO129-529-5 China- extraterritoriality 23-11-1931 - 31-12-1931 — Page 51

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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The application in Egypt of the Air Navigation Act, 1920,(a) shall be confined to Sections 6, 10, 11, 14 and 18 of that Act. The jurisdiction referred to in Section 14 (2) of that Act is hereby conferred on the Supreme Court.

5. All His Majesty's jurisdiction exercisable in Egypt for the hearing and determination of criminal or civil matters, or for the maintenance of order, or for the control or administration of persons or property, or in relation thereto, shall be exercised under and according to the provisions of this Order, and not otherwise.

6. This Order shall not relieve any Consular Officer of the duty, so far as there is proper opportunity, of promoting reconciliation and encouraging and facilitating the settlement in an amicable way, and without recourse to litigation, of matters in difference between British subjects, or between British subjects and foreigners in Egypt.

Part II-Constitution and Powers of Courts. Supreme Court.

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7.-(1) There shall be Court styled His Britannic Majesty's Supreme Court for Egypt (in this Order referred to as the Supreme Court).

(2) There shall be a Judge of the Supreme Court, who shall be appointed by His Majesty by warrant under his Royal sign manual, and at any time if so required there may be an Assistant Judge or Judges appointed in like manner. Every Judge or Assistant Judge shall be at the time of his appointment a member of the Bar of England, Scotland, or Northern Ireland, of not less than seven years' standing.

(3) Every Judge or Assistant Judge shall hold office during the pleasure of His Majesty.

8. If in any case at any time His Majesty thinks fit by warrant under his Royal sign manual to revoke the warrant appointing any person to be Judge or Assistant Judge, or, while there is a Judge or Assistant Judge in office, thinks fit by warrant under his Royal sign manual to appoint another person to be Judge or Assistant Judge (as the case may be), then, and in every such case, until the warrant of revocation or of new appointment is notified by the Secretary of State to the person holding office, all powers and authorities vested in that person shall continue and be deemed to have continued in as full force and he shall continue, and be deemed to have continued, entitled to all the privileges and emoluments of the office as fully, and all things done by him shall be and be deemed to have been as valid in law-as if such warrant of revocation or new appointment had not been made.

9.—(1) During a vacancy in the office of Judge, or in case of the illness or incapacity of the Judge, or of his absence from

(a) 10-11 G. 5. c. 80.

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Egypt, the Secretary of State may appoint a fit person to act as Judge, but unless and until such appointment is made the Assistant Judge or senior Assistant Judge, if any, shall act as Judge.

(2) An Acting Judge shall, during the continuance of his appointment, have all the power and authority of the Judge.

or

10.-(1) During a vacancy or temporary vacancy in the office of Assistant Judge (if any) or in case of the absence, or illness, other incapacity of an Assistant Judge, the Judge may, by writing under his hand and the seal of the Supreme Court, appoint any fit person, approved by the Secretary of State, or by the High Commissioner, to act as and for such Assistant Judge for the time therein mentioned or during the vacancy, as the case may be; but every such appointment shall be revocable, at pleasure, by the Judge, by writing under his hand and the seal of the Supreme Court, or by the Secretary of State. (2) Although no Assistant Judge has been appointed, the Judge may, in any case of temporary emergency appoint by writing under his hand and the seal of the Supreme Court any person approved by the Secretary of State or by the High Commissioner to exercise the functions of Assistant Judge for a particular cause or matter.

(3) Any person appointed under paragraphs 1 or 2 of this Article shall, during the continuance of his appointment, have all the power and authority of an Assistant Judge.

11. The Supreme Court shall have a seal, bearing the style of the Court and such device as the Secretary of State approves, but the seal in use at the commencement of this Order shall con- tinue to be used until a new seal is provided.

12. (1) There shall be attached to the Supreme Court a Registrar, a Marshal, and so many officers and clerks under such designations as the Secretary of State thinks fit: Provided that so long as the duties of the Registrar and Marshal of the Supreme Court can be performed satisfactorily as at present by the Registrars and Marshals of the Provincial Courts, it shall not be necessary to appoint a Registrar or Marshal exclusively for the Supreme Court, but the Registrars and Marshals of the Pro- vincial Courts shall each within his district respectively and subject to Rules of Court, exercise all the powers and perform all the duties of the Registrar and Marshal respectively of the Supreme Court in respect of proceedings in the Supreme Court. (2) The Secretary of State, or the High Commissioner, may temporarily attach to the Supreme Court such persons, being Consular officers, as he thinks fit.

(3) Every officer, clerk, and person thus attached shall dis- charge such duties in connection with the Court as the Judge, with the approval of the Secretary of State, may direct.

13. The Supreme Court shall ordinarily sit at Alexandria and as occasion requires at Cairo; but may, whenever it seems ex- pedient, sit at any other place in Egypt, and may at any time

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