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The Palestine Order in Council (Palestine Constitution)

 The Palestine Order in Council

(Palestine Constitution)

London, 10 August 1922

WHEREAS the Principal Allied Powers have agreed, for the purpose of giving effect to the provisions of Article 22 of the Covenant of the League of Nations, to entrust to a Mandatory selected by the said Powers the administration of the territory of Palestine, which formerly belonged to the Turkish Empire, within such boundaries as may be fixed by them;

And whereas the Principal Allied Powers have also agreed that the Mandatory should be responsible for putting into effect the declaration originally made on November 2, 1917, by the Government of His Britannic Majesty, and adopted by the said Powers, in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country;

And whereas the Principal Allied Powers have selected His Majesty as the Mandatory  for Palestine;

And whereas, by treaty, capitulation, grant, usage, sufferance and other lawful means, His Majesty has power and jurisdiction within Palestine.

NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as  follows:–

 

 

PART I.
 

PRELIMINARY.

Title.

1. This Order may be cited as "The Palestine Order in Council, 1922."

The limits of this Order are the territories to which the Mandate for Palestine applies, hereinafter described as Palestine.

Definitions.

2. In this Order the word:–

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

"The High Commissioner" shall include every person for the time being administering the Government of Palestine.

"Public Lands" means all lands in Palestine which are subject to the control of the Government of Palestine by virtue of Treaty, convention, agreement or succession, and all lands which are or shall be acquired for the public service or otherwise.

"The Mandate" means the Mandate for Palestine which was confirmed, and the terms of which were defined by the Council of the League of Nations on the 24th day of July, 1922.

"The High Commissioner in Council" means the High Commissioner acting by and with the advice of the Executive Council.

"Gazette" means the Official Gazette of Palestine.

"Person" includes Corporation.

Words importing the plural or the singular may be construed as referring to one person or thing or to more than one person or thing, and words importing the masculine as referring to females (as the case may require).

Interpretation.

3.–          (i) Where this Order or any Ordinance confers a power or imposes a duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

                (ii) Where this Order or any Ordinance confers a power or imposes a duty on the holder of an office, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.

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

                (iv) Expressions defined in this Order shall have the same respective meaning in any Ordinances, rules or regulations made under this Order, unless a contrary intention appears.

 
 

PART II.
 

EXECUTIVE.

Office of High Commissioner.

4. His Majesty may, by a Commission under His Sign Manual and Signet, appoint a fit person to administer the Government of Palestine under the designation of High Commissioner and Commander-in-Chief or such other designation as His Majesty thinks fit, and the person so appointed is hereinafter referred to as the High Commissioner.

Powers of High Commissioner.

5. The High Commissioner shall do and execute in due manner all things that shall belong to the said office, according to the tenour of any Orders in Council relating to Palestine and of such Commission as may be issued to him under His Majesty's Sign Manual and Signet, and according to such instructions as may from time to time be given to him, for the purpose of executing the provisions of the Mandate, under His Majesty's Sign Manual and Signet, or by Order of His Majesty in Council or by His Majesty through one of His Principal Secretaries of State, and to such laws and ordinances as are now or shall hereafter be in force in Palestine.

Publication of High Commissioner's Commission.

6. Every person to fill the Office of High Commissioner shall, with all due solemnity, before entering on any of the duties of his office cause the Commission appointing him to be High Commissioner to be read and published in the presence of the Chief Justice, or if the Chief Justice is not able to attend, in the presence of such other of His Majesty's Officers in Palestine as can conveniently attend, which being done, he shall then and there take before him or them the Oath of Allegiance in the form provided by an Act passed in the Session holden in the Thirty-first and Thirty-second years of the Reign of Her Majesty Queen Victoria, entitled, "An Act to amend the Law relating to Promissory Oaths," and likewise the usual oaths for the due execution of the Office of High Commissioner and for the due and impartial administration of justice, which oaths the said Chief Justice, or some other of His Majesty's Officers then present, is hereby required to administer.

Succession to Government. Administrator. Oaths to be taken

by the Administrator.

7. Whenever the office of High Commissioner is vacant or if the High Commissioner become incapable or be absent from Palestine, or be from any cause prevented from acting in the duties of his office, the person appointed to be Chief Secretary to the Government of Palestine, or if there be no such officer therein, or such officer be unable to act, then such person or persons as His Majesty may appoint under His Sign Manual and Signet and in default of such appointment the Senior Member of the Executive Council shall during His Majesty's pleasure administer the Government of Palestine, first taking the oaths hereinbefore directed to be taken by the High Commissioner and in the manner herein prescribed, which being done, the Chief Secretary or any other such Administrator as aforesaid is hereby authorised, empowered and commanded to do and execute during His Majesty's pleasure, all things that belong to the office of the High Commissioner according to the tenour of this Order, and according to His Majesty's Instructions as aforesaid, and the laws of Palestine.

Provided that the High Commissioner during his passage by sea from one part of Palestine to another, or when, in the exercise or discharge of any powers or duties by this Order in Council or otherwise conferred or imposed upon him, he is in any territories adjacent to or near to Palestine, shall not be considered to be absent from Palestine.

Appointment of Deputy to High Commissioner.

8. In the event of the High Commissioner having occasion at any time to be temporarily absent for a short period from the seat of Government, or, in the exercise or discharge of any powers or duties conferred or imposed upon him by His Majesty, or through one of His Majesty's Principal Secretaries of State, to visit any territories adjacent to or near to Palestine, he may by an instrument under the Public Seal of Palestine appoint the Chief Secretary, or if there be no such Officer or such Officer is absent or unable to act, then any other person to be his Deputy within any part of Palestine, during such temporary absence and in that capacity to exercise, perform and execute, for and on behalf of the High Commissioner during such absence but no longer, all such powers and authorities vested in the High Commissioner (except the power of pardon), as shall in and by such instrument be specified and limited, but no others. Every such Deputy shall conform to and observe all such instructions as the High Commissioner shall from time to time address to him for his guidance. Provided nevertheless that by the appointment of a Deputy as aforesaid the power and authority of the High Commissioner shall not be abridged, altered, or in any way affected otherwise than His Majesty may at any time think proper to direct.

Public Seal.

9. The High Commissioner shall keep and use the Public Seal of Palestine for the sealing of all things whatsoever that shall pass the said Public Seal.

Executive Council.

10. There shall be for the purpose of assisting the High Commissioner an Executive Council which shall be composed of such persons and constituted in such manner as may be directed by any instructions which may from time to time be addressed to the High Commissioner by His Majesty, under His Majesty's Sign Manual and Signet, and all such persons shall hold their places in the said Council during His Majesty's pleasure; and the said Executive Council shall observe such Rules in the conduct of business as may from time to time be contained in any such Instructions as aforesaid.

Definition of boundaries, formation of districts, etc.

11.–       (1) The High Commissioner may, with the approval of a Secretary of State, by Proclamation divide Palestine into administrative divisions or districts in such manner and with such subdivisions as may be convenient for purposes of administration describing the boundaries thereof and assigning names thereto.

                (2) If a question arises whether any place is or is not within any administrative division or district, and such question does not appear to be determined by any such Proclamation or other evidence, it shall be referred to the High Commissioner, and a certificate under his hand and seal shall be conclusive on the question, and judicial notice shall be taken thereof.

Public Lands.

12.–       (1) All rights in or in relation to any public lands shall vest in and may be exercised by the High Commissioner for the time being in trust for the Government of Palestine.

                (2) All mines and minerals of every kind and description whatsoever being in, under or on any land or water, whether the latter be inland rivers or seas or territorial waters, shall vest in the High Commissioner subject to any right subsisting at the date of this Order of any person to work such mines or minerals by virtue of a valid concession.

High Commissioner empowered to make grants of land.

13. The High Commissioner may make grants or leases of any such public lands or mines or minerals or may permit such lands to be temporarily occupied on such terms or conditions as he may think fit subject to the provisions of any Ordinance.

Provided that such grant or disposition shall be in conformity either with some Order in Council or Law or Ordinance now or hereafter in force in Palestine, or with such instructions as may be addressed to the High Commissioner under His Majesty's Sign Manual and Signet, or through a Secretary of State, for the purposes of executing the provisions of the Mandate.

Appointment of officers.

14. The High Commissioner may, subject to the direction of the Secretary of State, appoint or authorise the appointment of such public officers of the Government of Palestine under such designations as he may think fit, and may prescribe their duties; and all such public officers, unless otherwise provided by law, shall hold their offices during the pleasure of the High Commissioner.

Suspension of public officers.

15. The High Commissioner may, subject to such instructions as may from time to time be given to him, upon sufficient cause to him appearing, dismiss or suspend from the exercise of his office any person holding any public office within Palestine, or, subject as aforesaid, may take such other disciplinary action as may seem to him desirable.

Grant of pardon. Remission of fines.

16. When any crime or offence has been committed within Palestine, or for which the offender may be tried therein, the High Commissioner may, as he shall see occasion, grant a pardon to any accomplice in such crime or offence who shall give such information and evidence as shall lead to the conviction of the principal offender or of any such offenders if more than one; and further may grant to any offender convicted of any crime or offence in any Court or before any Judge, or Magistrate, within Palestine a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as the High Commissioner thinks fit, and may, as he shall see occasion, remit any fines, penalties or forfeitures which may accrue or become payable in virtue of the judgment of any Court or Magistrate in Palestine.
   
 

PART III.
 

LEGISLATURE.

Legislative Council.

17. From and after a date to be fixed by the High Commissioner in Executive Council by proclamation in the Gazette, there shall be constituted a Legislative Council in and for Palestine as in this Order provided, which shall replace any Advisory Council then existing.

The powers of the High Commissioner now subsisting to pass Ordinances after consultation with the Advisory Council shall continue in force until the date of the election of members to the legislature hereby constituted.

Powers of Legislative Council.

18. The Legislative Council shall have full power and authority, without prejudice to the powers inherent in, or reserved by this Order to, His Majesty, and subject always to any conditions and limitations prescribed by any Instructions under the Sign Manual and Signet, to establish such Ordinances as may be necessary for the peace, order and good government of Palestine, provided that no Ordinance shall be passed which shall restrict complete freedom of conscience and the free exercise of all forms of worship, save in so far as is required for the maintenance of public order and morals; or which shall tend to discriminate in any way between the inhabitants of Palestine on the ground of race, religion or language.

No Ordinance shall be passed which shall be in any way repugnant to or inconsistent with the provisions of the Mandate.

Constitution of Legislative Council.

19. The Legislative Council shall consist of 22 members in addition to the High Commissioner, of whom 10 shall be official members and 12 shall be unofficial members.

Official Members.

20. The official members of the Council shall be:–

The persons for the time being lawfully exercising the functions of the respective offices of:–

(a) Chief Secretary.

(b) Attorney-General.

(c) Treasurer.

(d) Inspector-General of Police.

(e) Director of Health.

(f) Director of Public Works.

(g) Director of Education.

(h) Director of Agriculture.

(i) Director of Customs.

(j) Director of Commerce and Industry.

provided that if the High Commissioner is satisfied that any of the above persons is unable to attend a meeting of the Council he may summon in his place such other person holding public office in the Government of Palestine as he thinks fit, and such person shall for the purposes of that meeting be deemed to be an official member of the Council.

Unofficial Members.

21. The unofficial members of the Council shall be:–

Twelve persons to be elected in accordance with such Order in Council, Ordinance or other legislative enactment as may from time to time provide for elections to the Council.

Prorogation and Dissolution of the Council.

22. The High Commissioner may at any time by Proclamation prorogue or dissolve the Council. The High Commissioner shall dissolve the Council at the expiration of three years from the date of the first meeting thereof.

General Elections to be held.

23. The first general election of members of the Legislative Council shall be held at such time not more than six months after the publication of this Order in the Palestine Gazette, and a general election shall be held at such time within three months after the dissolution of the Council as the High Commissioner shall by proclamation appoint.

No Ordinance to take effect until assented to.

24. No Ordinance shall take effect until either the High to Commissioner shall have assented thereto and shall have signed the same in token of such assent, or until the assent of His Majesty thereto has been given by Order in Council or through a Secretary of State.

Assent to Ordinances.

25. Subject to the provisions of the following Article, the High Commissioner may, according to his discretion and subject to any Instructions under the Sign Manual and Signet, declare that he assents to any Ordinance, or refuse his assent to the same.

Reserved Ordinances.

26. The High Commissioner may reserve for the signification of the pleasure of His Majesty any Ordinance passed by the Legislative Council, and shall in any case so reserve any Ordinance which concerns matters dealt with specifically by the provisions of the Mandate.

An Ordinance so reserved shall take effect so soon as His Majesty has given his assent thereto either by Order in Council or through a Secretary of State, and the High Commissioner shall have signified such assent by notice in the Gazette.

Disallowance of Ordinances.

27. His Majesty reserves to himself the right to disallow an Ordinance to which the High Commissioner has assented within one year of the date of the High Commissioner's assent thereto and to signify such disallowance through a Secretary of State. Every such disallowance shall take effect from the time when it shall be promulgated by the High Commissioner by notice in the Gazette.

Financial Measures.

28. No vote, resolution, or Ordinance for the appropriation of any part of the public revenue, or for the imposition of any tax or impost shall be proposed except by the High Commissioner, or by his direction.

President.

29. The High Commissioner, or in his absence the Chief Secretary, or, in the absence of both the High Commissioner and Chief Secretary, some Member elected by the Council shall preside at the meetings thereof.

Quorum.

30. The Council shall not be disqualified from the transaction of business on account of any vacancies among the Members thereof, but it shall not be competent to proceed to the despatch of business unless ten Members be present.

Oath to be taken by Members of Legislature

31. Every Member of the Legislative Council shall, before being permitted to sit or vote therein, take and subscribe the following              oath before the President:–

"I, A.B., do swear that I will be faithful and loyal to the Government of Palestine. So help me God."

Provided that any person authorised to make a solemn affirmation or declaration instead of taking an Oath may make such affirmation or declaration in lieu of such Oath.

Questions to be decided by majority of votes.

32. All questions in the Legislative Council shall be determined by a majority of the votes of Members present, including the President or presiding Member, who shall in addition have and exercise a casting vote in case of an equality of votes.

Standing Rules and Orders.

33. The Legislative Council in its first Session, and from time to time afterwards as there shall be occasion, shall adopt Standing Rules and Orders, for the regulation and orderly conduct of its proceedings and the despatch of business, and for the passing, intituling and numbering of Ordinances and for the presentation of the same to the High Commissioner for his assent.

All such rules and Orders shall be laid before the High Commissioner in Council, and being by him approved shall become binding and of force.

Privileges of Members.

34. It shall be lawful for the Council by Ordinance to define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Council and the members thereof.
   
 

PART IV.
 

APPLICATION OF CERTAIN BRITISH STATUTES.
 

35. The enactments in the First Schedule to the Foreign Jurisdiction Act, 1890, shall apply to Palestine, but subject to the provisions of this Order and to the exceptions, adaptations and modifications following, that is to say:–

Foreign Jurisdiction Act, 1890

                (i) The High Commissioner is hereby substituted for the Governor of a Colony or British Possession and the District Court is hereby substituted for a Superior Court or Supreme Court, and for a Magistrate or Justice of the Peace of a Colony or British Possession.

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

                (iii) In Section 51 of the Conveyancing (Scotland) Act, 1874, and any enactment for the time being in force amending the same the District Court is substituted for a Court of Probate in a Colony.

                (iv) With respect to the Fugitive Offenders Act, 1881:–

                                (a) So much of the 4th, and 5th, sections of the said Act as relates to sending a report of the issue of a warrant, together with the information, or a copy thereof, or to the sending of a certificate of committal and report of a case, or to the information to be given by a Magistrate to a fugitive, shall be excepted, and in lieu of such information the person acting as the Magistrate shall inform the fugitive that in the British Possession or Protectorate to which he may be conveyed he has the right to apply for a writ of habeas corpus or other like process.

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

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

                                (d) For the purposes of Part II of the said Act, Palestine, Cyprus, Egypt, the Ottoman Dominions, Persia and Iraq shall be treated as one group of British Possessions.

Provided that nothing in this Article contained shall be taken to extend to Palestine the enactments mentioned in the Schedule to the Foreign Jurisdiction Act, 1913, or any of them.

Acts done under Merchant Shipping Act, 1894.

36. Where under the Merchant Shipping Act, 1894, or any amending Act, anything is authorised to be done by, to, or before a British Consular officer, such thing may be done, in any place in Palestine by, to, or before such officer of the Government as the High Commissioner may appoint.

Application of Colonial Prisoners' Removal Act, 1884.

37. The Colonial Prisoners' Removal Act, 1884, shall apply to and take effect within Palestine as if it were part of His Majesty's dominions, subject as follows:–

The High Commissioner is hereby substituted for the Governor of a British Possession.
   
 

PART V.
 

JUDICIARY.

Civil Courts.

38. The Civil Courts hereinafter described shall subject to the provisions of this part of the Order exercise jurisdiction in all matters and over all persons in Palestine.

Class of Courts. Magistrates' Courts.

39. Magistrates’ Courts shall be established in each District and Sub-District as may be prescribed from time to time by Order under the hand of the High Commissioner. These Courts shall have the jurisdiction assigned to them by the Ottoman Magistrates Law of 1913, as amended by any subsequent law or Ordinance or Rules for the time being in force.

District Courts.

40. District Courts shall be established in such districts as may be prescribed from time to time by order under the hand of the High Commissioner, and every such court shall exercise jurisdiction:–
 

                (1) As a Court of First Instance:–

                                (a) In all civil matters not within the jurisdiction of the Magistrates' Courts in and for that District.

                                (b) In all criminal matters which are not within the jurisdiction of the Court of Criminal Assize.

                (2) As an Appellate Court from the said Magistrates' Courts subject to the provisions of any Ordinances or Rules.

Court of Criminal Assize.

41. There shall be a Court of Criminal Assize which shall have exclusive jurisdiction with regard to offences punishable with death and such jurisdiction with regard to other offences as may be prescribed by Ordinance.

Land Courts.

42. The High Commissioner may by order establish Land Courts as may be required from time to time for the hearing of such questions concerning the title to immovable property as may be prescribed.

Supreme Court.

43. There shall be established a Court to be called the Supreme Court of which the constitution shall be prescribed by Ordinance. The Supreme Court sitting as a Court of Appeal shall have jurisdiction subject to the provisions of any Ordinance to hear appeals from all judgments given by a District Court in first instance or by the Court of Criminal Azzize or by a Land Court.

The Supreme Court sitting as a High Court of Justice, shall have jurisdiction to hear and determine such matters as are not causes or trials, but petitions or applications not within the jurisdiction of any other Court and necessary to be decided for the administration of justice.

Appeal to Privy Council.

44. In civil matters when the amount or value in dispute exceeds £E.500 an appeal shall lie from the Supreme Court to His Majesty in Council. Every appeal shall be brought within such time and in such manner as may be prescribed by any rules of procedure made by His Majesty in Council.

Tribal Courts.

45. The High Commissioner may by order establish such separate Courts for the district of Beersheba and for such other tribal areas as he may think fit. Such courts may apply tribal custom, so far as it is not repugnant to natural justice or morality.

Law to be applied.

46. The jurisdiction of the Civil Courts shall be exercised in conformity with the Ottoman Law in force in Palestine on November 1st, 1914, and such later Ottoman Laws as have been or may be declared to be in force by Public Notice, and such Orders in Council, Ordinances and regulations as are in force in Palestine at the date of the commencement of this Order, or may hereafter be applied or enacted; and subject thereto and so far as the same shall not extend or apply, shall be exercised in conformity with the substance of the common law, and the doctrines of equity in force in England, and with the powers vested in and according to the procedure and practice observed by or before Courts of Justice and Justices of the Peace in England, according to their respective jurisdictions and authorities at that date, save in so far as the said powers, procedure and practice may have been or may hereafter be modified, amended or replaced by any other provisions. Provided always that the said common law and doctrines of equity shall be in force in Palestine so far only as the circumstances of Palestine and its inhabitants and the limits of His Majesty's jurisdiction permit and subject to such qualification as local circumstances render necessary.

Jurisdiction in personal status.

47. he Civil Courts shall further have jurisdiction, subject to the provisions contained in this Part of this Order, in matters of personal status as defined in Article 51 of persons in Palestine. Such jurisdiction shall be exercised in conformity with any law, Ordinances or regulations that may here after be applied or enacted and subject thereto according to the personal law applicable.

Where in any civil or criminal cause brought before the Civil Court a question of personal status incidentally arises, the determination of which is necessary for the purposes of the cause, the Civil Court may determine the question, and may to that end take the opinion, by such means as may seem most convenient, of a competent jurist having knowledge of the personal law applicable.

Confirmation of death sentences.

48. When any person has been sentenced to death, the Chief Justice shall transmit to the High Commissioner a copy of the evidence. The sentence shall not be carried into effect until confirmed by the High Commissioner.

Rules of Court.

49. The Chief Justice may, with the approval of the High Commissioner, make rules for regulating the practice and procedure of the Supreme Court and of all other Civil Courts which are or may be established in Palestine.

Actions against Government.

50. No action shall be brought against the Government of Palestine or any Department thereof unless with the written consent of the High Commissioner previously obtained.

The Civil Courts shall not exercise any jurisdiction in any proceeding whatsoever over the High Commissioner or his official or other residence or his official or other property.

Religious Courts. Jurisdiction of Religious Courts. Definition of Personal Status.

51. Subject to the provisions of Articles 64 to 67 inclusive jurisdiction In matters of personal status shall be exercised in accordance with the provisions of this Part by the Courts of the religious communities established and exercising jurisdiction at the date of this Order. For the purpose of these provisions matters of personal status mean suits regarding marriage or divorce, alimony, maintenance, guardianship, legitimation and adoption of minors, inhibition from dealing with property of persons who are legally incompetent, successions, wills and legacies, and the administration of the property of absent persons.

Moslem Religious Courts.

52. Moslem Religious Courts shall have exclusive jurisdiction in matters of personal status of Moslems in accordance with the provisions of the Law of Procedure of the Moslem Religious Courts of the 25th October, 1333, A.H., as amended by any Ordinance or Rules. They shall also have, subject to the provisions of any Ordinance or of the Order of the 20th December, 1921, establishing a Supreme Council for Moslem Religious Affairs, or of any Orders amending the same, exclusive jurisdiction in cases of the constitution or internal administration of a Wakf constituted for the benefit of Moslems before a Moslem Religious Court.

There shall be an appeal from the Court of the Qadi to the Moslem Religious Court of Appeal whose decision shall be final.

Jewish Religious Courts.

53. The Rabbinical Courts of the Jewish Community shall have:–

                (i) Exclusive jurisdiction in matters of marriage and divorce, alimony and confirmation of wills of members of their community other than foreigners as defined in Article 59.

                (ii) Jurisdiction in any other matter of personal status of such persons, where all the parties to the action consent to their jurisdiction.

                (iii) Exclusive jurisdiction over any case as to the constitution or internal administration of a Wakf or religious endowment constituted before the Rabbinical Court according to Jewish Law.

Christian Religious Courts.

54. The Courts of the several Christian communities shall have:–

                (i) Exclusive jurisdiction in matters of marriage and divorce, alimony, and confirmation of wills of members of their community other than foreigners as defined in Article 59.

                (ii) Jurisdiction in any other matters of personal status of such persons, where all the parties to the action consent to their jurisdiction.

                (iii) Exclusive jurisdiction over any case concerning the constitution or internal administration of a Wakf or religious endowment constituted before the Religious Court according to the religious law of the community, if such exists.

Conflicts of Law and Jurisdiction.

55. Where any action of personal status involves persons of different of religious communities, application may be made by any party to the Chief Justice, who shall, with the assistance, if he thinks fit, of assessors from the communities concerned, decide which Court shall have jurisdiction. Whenever a question arises as to whether or not a case is one of personal status within the exclusive jurisdiction of a Religious Court, the matter shall be referred to a Special Tribunal of which the constitution shall be prescribed by Ordinance.

Execution of judgments of Religious Courts.

56. The judgments of the Religious Courts shall be executed by the process and offices of the Civil Courts.

Change in composition of Religious Courts.

57. Subject to the provisions of any Ordinance or Order establishing a Supreme Council for Moslem Religious Affairs, the constitution and jurisdiction of Religious Courts established at the date of this Order may be varied by Ordinance or Order of the High Commissioner.

Jurisdiction over foreign subjects.

58. The Civil Courts shall exercise jurisdiction over foreigners, subject to the following provisions:–

Definition of foreigner.

59. For the purpose of this part of the Order the expression "foreigner" means any person who is a national or subject of a European or American State or of Japan, but shall not include:

                (i) Native inhabitants of a territory protected by or administered under a mandate granted to a European State.

                (ii) Ottoman subjects.

                (iii) Persons who have lost Ottoman nationality and have not acquired any other nationality.

The term "subject" or "national" shall include corporations constituted under the law of a foreign State, and religious or charitable bodies or institutions wholly or mainly composed of the subjects or citizens of such a State.

Right of Foreigners to claim trial by British Magistrate and other privileges.

60. A foreigner accused of an offence punishable with imprisonment for a term exceeding fifteen days, or a fine exceeding £E.5 may claim to be tried by a British Magistrate. Any foreigner sentenced to imprisonment by a Palestinian Magistrate for an offence for which he cannot claim to be tried by a British Magistrate, may appeal to the District Court.
 

61. A foreigner accused of an offence which is not triable by a magistrate may claim that his interrogation during the preliminary investigation shall be undertaken, and the question of his release on bail and commital for trial shall be decided by a British Magistrate.

A warrant of search of the house of a foreigner shall be issued only by a British Magistrate.
 

62. A foreigner committed by a Magistrate for trial before the District Court or the Court of Criminal Assize may claim that the Court shall contain a majority of British Judges.
 

63.In a civil case tried whether in first instance or on appeal by the District Court, a foreigner may claim that at least one member of the Court shall be a British Judge. In civil and criminal cases heard by the Supreme Court in its appellate capacity a foreigner may claim that the Court shall contain a majority of British Judges.

Matters of personal status.

64.–       (i) Matters of personal status affecting foreigners other than Moslems shall be decided by the District Courts which shall apply the personal law of the parties concerned in accordance with such regulations as may be made by the High Commissioner, provided always that the Courts shall have no jurisdiction to pronounce a decree of dissolution of marriage until an Ordinance is passed conferring such jurisdiction.

                (ii) The personal law shall be the law of the nationality of the foreigner concerned unless that law imports the law of his domicile, in which case the latter shall be applied.

                (iii) The District Court, in trying matters of personal status affecting foreigners shall be constituted by the British President sitting alone. In trying matters of personal status affecting foreigners other than British subjects, the President may invite the Consul or a representative of the Consulate of the foreigner concerned to sit as an assessor for the purpose of advising upon the personal law concerned. In case of an appeal from a judgment in such a case the Consul or representative of the Consulate of the foreigner concerned shall be entitled to sit as an assessor in the Court of Appeal.

Right to refer case

to Religious Courts.

65. Nothing in the preceding article shall be construed to prevent foreigners from consenting to such matters being tried by the Courts of the Religious Communities having jurisdiction in like matters affecting Palestinian citizens.

The Courts of the Religious Communities other than the Moslem Religious Courts shall not, however, have power to grant a decree of dissolution of marriage to a foreign subject.

Claim to be foreigner.

66. Persons claiming to be treated as foreigners who do not in a criminal case make their claim on first appearance and in a civil case either on first appearance or in the first written pleading delivered to the Court, whichever be the earlier, shall forfeit their right so to claim. Nevertheless the claim may be made on appeal notwithstanding that it has not been made on first instance.

The burden of proof that they are entitled to be treated as foreigners shall be upon persons claiming the right aforesaid.
 

67. Notwithstanding anything in this Part of this Order a Consul in Palestine may execute such non-contentious measures in relation to the personal status of nationals of his State as the High Commissioner. with the approval of the Secretary of State, may from time to time prescribe by regulation.
   
 

PART VI.
 

REMOVAL AND DEPORTATION.

Removal of prisoners.

68. Where an offender convicted before any Court is sentenced to imprisonment, and the High Commissioner, 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 outside of Palestine, the place shall be a place in some part of His Majesty's Dominions out of the United Kingdom. The Government whereof consent that offenders may be sent thither under this Article.

Deportation of political offenders.

69.–       (i) Where it is shown by evidence on oath to the satisfaction of the High Commissioner, that any person is conducting himself so as to be dangerous to peace and good order in Palestine, or is endeavouring to excite enmity between the people of Palestine and the Mandatory, or is intriguing against the authority of the Mandatory in Palestine, the High Commissioner may, if he thinks fit, by order under his hand and official seal order that person to be deported from Palestine to such place as the High Commissioner may direct.

                (ii) The place shall be a place in some part (if any) of His Majesty's Dominions to which the person belongs, or the Government of (which consents to the reception of persons deported under this Order, or to some place under the protection of His Majesty or in the country out of His Majesty's Dominions to which that person belongs.

Appeal not to lie against deportation order.

70. An appeal shall not lie against an order of deportation made under this Order.

Penalty upon return, without permission, of deported person.

71.–       (i) If any person deported under this Order returns to Palestine without the permission in writing of the High Commissioner (which permission the High Commissioner may give), he shall be deemed guilty of an offence, and liable on conviction to imprisonment for any period not exceeding three months with or without a fine not exceeding £E.50; and he shall also be liable to be again deported forthwith.

                (ii) The High Commissioner, by order under his hand and official seal, may vary or rescind any order of deportation under this Order.

Proceedings upon

deportation.

72.–       (i) Where, under this Order, a person is to be removed or deported from Palestine he shall by warrant of the High Commissioner under his hand and seal, be detained, if necessary, in custody or in prison, until a fit opportunity for his removal or deportation occurs, and then, if he is to be deported beyond seas, be put on board one of His Majesty's vessels of war, or, if none be available, then on board some other British or other fit vessel.

                (ii) The warrant of the High Commissioner shall be sufficient authority to the person to whom it is directed or delivered for execution, and to the commander or master of the vessel to receive and detain the person therein named, in the manner therein prescribed, and to remove and carry him to the place therein named, according to the warrant.
   
 

PART VII.
 

VALIDATION OF ORDINANCES AND INDEMNIFICATION.

Validation of Ordinances, etc., issued by Military Administration.

73. The Proclamations, Ordinances, Orders, Rules of Court and other legislative acts made, issued or done by the Commander-in-Chief of the Egyptian Expeditionary Force, or by the Chief Administrator of Occupied Enemy Territory or by Military Governors in Palestine or any other officer of the Administration between October 1st, 1917, and June 30th, 1920, other than those set forth in the Schedule attached to this Order, shall be deemed to be and always to have been valid and of full effect both during the Military Occupation and after the termination thereof until repealed or superseded by the legislature established under this Order, notwithstanding that any such legislative act may have repealed or been inconsistent with the Law previously in force in Palestine; provided that in the future application of all such Proclamations, Ordinances, Orders, Rules of Court and legislative acts the Government of Palestine shall be read for Occupied Enemy Territory Administration, High Commissioner for Chief Administrator, Governor of a District for Military Governor, and a Civil Court of competent jurisdiction for a Military Court or Military Magistrate.

The Proclamations, Ordinances, Orders and Public Notices of the Military Administration which are set forth in the Schedule hereto are hereby cancelled and repealed, provided that any acts done thereunder before the passing of this Order shall be deemed to be and always to have been valid.

Validation of Ordinances issued

since July, 1920.

74. The Proclamations, Ordinances, Orders, Rules of Court and other legislative acts which have been issued or done by the High Commissioner or by any Department of the Government of Palestine on or after July 1st, 1920, shall be deemed to be and always to have been valid and of full effect and all acts done thereunder and all prohibitions contained therein shall be deemed to be valid.

Indemnity for acts

done under Martial Law.

75. All actions, prosecutions and legal proceedings whatsoever, whether civil or criminal, which might be brought or instituted in any of the Courts of Palestine against the High Commissioner, or the officer for the time being commanding the forces of His Majesty, or any public officer of Palestine, or against any person acting under them, or under their instructions, or under the instructions of any of them respectively in any command or capacity military or civil, for, or on account of, or in respect of, any acts, matters and things whatsoever, in good faith advised, commanded, ordered, directed or done as necessary for the suppression of hostilities, or the establishment and maintenance of good order and government in Palestine, or for the public safety and welfare of Palestine, or for the execution of any regulations issued under Martial Law between the date of the British occupation and the date of the commencement of this Order, shall be discharged and become and be null and void.

Every such person as aforesaid by whom any such act, matter or thing shall have been advised, commanded, ordered, directed, or done for any of the purposes aforesaid shall be freed, acquitted, discharged, released and indemnified against all and every person whomsoever in respect thereof.

Presumption of good faith.

76. Every such act, matter or thing referred to in the preceding Article shall be presumed to have been advised, commanded, ordered, directed or done as the case may be, in good faith until the contrary shall be proved by the party complaining.

Confirmation of sentences.

77. Any sentence passed, judgment given or order made by any Court Martial or Military Court constituted and convened by proper authority and under Martial Law, or pronounced by officers authorised to dispose of offences summarily under Martial Law, or passed, given or made by any Court established by the authority administering any part of Palestine in the occupation of His Majesty's Forces for the administration of justice within such territory, whether passed, given or made during such occupation or after such occupation determined prior to the commencement of this Order, shall be deemed to be and always to have been valid, and to be and always to have been within the jurisdiction of the Court; and the sentences of all persons tried by any such Court shall be deemed to be sentences passed by a duly and legally constituted Court of Palestine.

Confirmation of orders of deportation.

78. All persons in Palestine who have been deported without the limits thereof under and by virtue of any of the foregoing sentences referred to in the last Article, or by virtue of any other order shall be deemed to have been and to be legally deported without the limits of Palestine. Any person who, having been deported as aforesaid, returns to Palestine without the permission in writing of the High Commissioner shall be guilty of an offence and shall on conviction be liable to imprisonment for a term which may extend to two years and shall also be liable to fine and shall further be liable to be again deported.

Arrests, etc., under Martial Law validated.

79. All persons who have been in good faith, and under proper authority during the existence of Martial Law arrested or detained, and all persons who have been similarly committed to gaol, and are there detained to await their trial, shall be deemed to have been lawfully arrested, committed to, and detained in gaol.

Interpretation of term "proper authority."

80. In all cases where any doubt arises whether any act, matter or thing alleged to have been commanded, ordered, directed or done under proper authority was done under such authority, it shall be lawful for the Chief Secretary for the time being to declare such act, matter or thing to have been commanded, ordered, directed, or done under such authority, and such declaration, by any writing under the hand of the Chief Secretary shall in all cases be conclusive evidence as to such authority.
   
 

PART VIII.
 

GENERAL.

Officers and others to obey High Commissioner.

81. All His Majesty's officers, Civil and Military, and all other inhabitants of Palestine are hereby required and commanded to be obedient, aiding, and assisting unto the High Commissioner and to such person or persons as may from time to time, under the provisions of this Order, administer the Government of Palestine.

Official languages.

82. All Ordinances, official notices and official forms of the Government and all official notices of local authorities and municipalities in areas to be prescribed by order of the High Commissioner, shall be published in English, Arabic and Hebrew. The three languages may be used in debates and discussions in the Legislative Council, and, subject to any regulations to be made from time to time, in the Government offices and the Law Courts.

Freedom of conscience.

83. All persons in Palestine shall enjoy full liberty of conscience, and the free exercise of their forms of worship subject only to the maintenance of public order and morals. Each religious community recognised by the Government shall enjoy autonomy for the internal affairs of the community subject to the provisions of any Ordinance or Order issued by the High Commissioner.

Immigration.

84.–       (i) The High Commissioner shall confer upon all matters relating to the regulation of immigration with a Committee consisting of not less than one-half of the unofficial members of the Legislative Council, and provision shall be made by Order in Council for investing the said Committee with all such powers and authorities and otherwise for the constitution and conduct of the business of the said Committee, as may be necessary to carry this Article into effect.

                (ii) In the event of any difference of opinion between the High Commissioner and the said Committee upon any such matter as aforesaid, the High Commissioner shall make a full report on the subject to a Secretary of State, whose decision thereon shall be final.
 

85. If any religious community or considerable section of the population in Palestine complains that the terms of the Mandate are not being fulfilled by the Government of Palestine, it shall be entitled to present a Memorandum through a member of the Legislative Council to the High Commissioner. Any Memorandum so submitted shall be dealt with in such manner as may be prescribed by His Majesty in conformity with the procedure recommended by the Council of the League of Nations.

Power to exclude Territories to East of Jordan from application of any part of Order.

86. This Order In Council shall not apply to such parts of the territory comprised in Palestine to the East of the Jordan and the Dead Sea as shall be defined by Order of the High Commissioner. Subject to the provisions of Article 25 of the Mandate, the High Commissioner may make such provision for the administration of any territories so defined as aforesaid as with the approval of the Secretary of State may be prescribed.

Power to vary this Order.

87. The High Commissioner may by Proclamation in the Gazette at any time within one year from the date of the commencement of this Order, and provided he has previously obtained the approval of the Secretary of State, vary, annul or add to any of the provisions of this Order in order to carry out the purposes of the same, and may provide for any other matters necessary in order to carry into effect the provisions thereof.

Power reserved to His Majesty to revoke, alter or amend present Order.

88. His Majesty, His heirs and successors in Council, may at any time revoke, alter or amend this Order.

Power of legislation, etc., reserved to the Crown.

89. There shall be reserved to His Majesty, His heirs and successors, the right, with the advice of His or Their Privy Council, from time to time to make all such laws or ordinances as may appear to Him or Them necessary for the peace, order and good government of Palestine in accordance with the Mandate conferred on him.

Dates of operation of Order.

90. This Order shall commence and have effect as follows:–

                (i) As to the making of any warrant or appointment, and the issue of instructions, and as to any other provisions necessary for bringing this Order into effect, immediately from and after the date of this Order.

                (ii) As to all other matters and provisions comprised and contained in this Order, immediately after this Order has been published and proclaimed within Palestine, and the date of such publication shall be deemed to be the date of the commencement of this Order.

 

SCHEDULE TO THE PALESTINE ORDER IN COUNCIL.

Enactment Repealed.

Date of Enactment.

Extent of Repeal.
     

(1) Proclamation of the Commander-in-Chief declaring Martial Law

December 9th, 1917

The whole

(2) Proclamation of the Commander-in-Chief concerning the relation  of citizens with the Military Authorities

March 30th, 1918

The whole

(3) Public Notice of the Military Governor, Jerusalem, concerning Banking Transactions

April 4th, 1918

The whole

(4) Public Notice of the Chief Administrator concerning possession of Government property

May 11th, 1918

The whole

(5) Public Notice of the Chief Administrator concerning possession of cartridge cases

July 20th, 1918

The whole

(6) Proclamation of the Commander- in-Chief concerning dealing in Securities

November 17th, 1918

The whole

(7) Notice by the Acting Chief Administrator concerning dealing in Securities

February 26th, 1919

The whole

              

Source: Official Gazette of the Government of Palestine, 1 September 1922.