ADEN COLONY (AMENDMENT) ORDER, 1944
| Jurisdiction | UK Non-devolved |
1944 No. 1316
ADEN
THE ADEN COLONY (AMENDMENT) ORDER, 1944PRESENT,
The King's Most Excellent Majesty in Council.
26 Geo. 5 & 1 Edw. 8. c. 2.
Whereas by the Aden Colony Order, 1936(a) (hereinafter referred to as "the Principal Order") made in pursuance of the provisions of section two hundred and eighty-eight of the Government of India Act, 1935, provision was made for the Government of the Colony of Aden (hereinafter referred to as "the Colony"):
And whereas it is expedient to amend the Principal Order and make further provision for the Government of the Colony:
And whereas a draft of this Order has been laid before Parliament in accordance with the provisions of subsection (1) of section three hundred and nine of the Government of India Act, 1935, and an Address has been presented to His Majesty by both Houses of Parliament praying that an Order may be made in the terms of this Order:
Now, therefore, His Majesty, in the exercise of the powers conferred upon Him by the Government of India Act, 1935, 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:—
PART I
MISCELLANEOUS
Short titles, construction and commencement.
1.—(1) This Order may be cited as "The Aden Colony (Amendment) Order, 1944," and shall be construed as one with the Principal Order; and the Principal Order and this Order may be cited together as "The Aden Colony Orders, 1936 and 1944."
(2) This Order shall be published in the Gazette and shall come into operation on a day to be fixed by the Governor by Proclamation in the Gazette (b).
Revocation of sections 12 and 13 and replacement of sections 8, 9 and 25 of Principal Order.
2. Sections 8, 9, 12, 13 and 25 of the Principal Order are hereby revoked, but without prejudice to anything lawfully done thereunder, and the Principal Order shall have effect as if the following sections were substituted for sections 8, 9 and 25 thereof:—
"8.—(1) Whenever the office of Governor is vacant, or the Governor is absent from the Colony, or is from any cause prevented from, or incapable of, acting in the duties of his office, then such person as may be appointed under His Majesty's Sign Manual and Signet or, if there is no person in the Colony so appointed and capable of discharging the duties of administration, the Senior
(a) S.R. & O. 1936 No. 1031, p. 7 above.
(b) The date thus fixed was October 24, 1946.
Member of the Executive Council then in the Colony and so capable, shall, during His Majesty's pleasure, administer the Government of the Colony.
(2) Before assuming the administration of the Government, any such person shall, in the form and manner prescribed in this Order, take the oaths herein directed to be taken by the Governor; which being done, such person is hereby authorised, empowered and commanded, subject, if he is appointed as aforesaid, to the terms of his appointment, to do during His Majesty's pleasure all things that belong to the office of Governor as provided in this Order.
(3) Any such person as aforesaid shall not continue to administer the Government after the Governor or some other person having a prior right to administer the same has notified that he is about to assume the administration.
(4) The Governor shall not be regarded as absent from the Colony for the purposes of this section when he is in the Protectorate of Aden or during his passage between any places included in his Government or when there is a subsisting appointment of a deputy under section 9 of this Order".
"9.—(1) Whenever the Governor has occasion to be absent from the seat of Government but not from the Colony and the Protectorate of Aden, or to be absent from the Colony and the said Protectorate for a period which he has reason to believe will be of short duration, or whenever by reason of illness which he has reason to believe will be of short duration he considers it desirable so to do, he may, by an Instrument under the Public Seal of the Colony, appoint any person resident in the Colony to be his Deputy during such absence or illness, and in that capacity to exercise and perform for and on behalf of the Governor during such absence or illness all such powers and functions vested in the Governor as shall in and by such Instrument be specified.
(2) By the appointment of a Deputy as aforesaid the power and authority of the Governor shall not be abridged, altered, or in any way affected otherwise than as His Majesty may at any time hereafter think proper to direct; and every such Deputy shall conform to and observe all such instructions as the Governor shall from time to time adress to him for his guidance.
(3) Any appointment under this section may at any time be revoked by the Governor or by the Secretary of State, and, in case of absence as aforesaid, shall cease and determine upon the return of the Governor to the seat of Government or to the Colony, or the said Protectorate, as the case may be."
"25. When any offence has been committed for which the offender may be tried within the Colony, the Governor may, as he shall see occasion, in His Majesty's name and on His Majesty's behalf, grant a pardon to any accomplice in such offence who shall give such information as shall lead to the conviction of the principal offender, or of...
To continue reading
Request your trial