UGANDA Order In Council, 1902.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1902/662 |
| Year | 1902 |
1902 No. 662
FOREIGN JURISDICTION
(iii) Uganda Protectorate
[See the title "Kenya Colony" for Orders in Council relating to the Lakes Victoria and Kioja Navigation, and Transport.]
Fugitive Offenders see (iv), p. 330 below.
THE UGANDA ORDER IN COUNCIL, 1902.PRESENT,
The King's Most Excellent Majesty in Council.
Whereas the territories of Africa situate within the limits of this Order are under the protection of His Majesty the King, and are known as the Uganda Protectorate:
And whereas by Treaty, grant, usage, sufferance, and other lawful means His Majesty has power and jurisdiction within the said territories:
Now, therefore, His Majesty, by virtue, and in exercise of the powers on 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:—
Preliminary
1.—(1) This Order may be cited "The Uganda Order in Council, 1902".
(2) The limits of this Order are the territories constituting the Uganda Protectorate (in this Order referred to as "Uganda" or "the Protectorate") bounded by the Colony of Kenya, the Anglo-Egyptian Sudan, the Belgian Congo, and the Mandated Territories of Ruanda-Urundi and Tanganyika.
(a) December 7, 1926.
(b) S.R. & O. 1926 No. 1583, p. 266 above.
(3) If His Majesty is pleased to direct that any territories, within which His Majesty has for the time being power and jurisdiction, shall form part of the Protectorate, those territories shall, as from a date to be fixed by order of the Secretary of State, be deemed to be within the limits of this Order. In like manner, if His Majesty is pleased to direct that any territories for the time being forming part of the Protectorate shall cease to form part thereof, those territories shall as from a date to be fixed by order of the Secretary of State, cease to be within the limits of this Order. (a)
2. In this Order—
"Secretary of State" means one of His Majesty's Principal Secretaries of State;
"Crown Lands" means all public lands in Uganda which are subject to the control of His Majesty by virtue of any Treaty, Convention, or Agreement, or of His Majesty's Protectorate and all lands which shall have been acquired by His Majesty for the public service or otherwise howsoever;
"Gazette" means the Gazette of the Uganda Protectorate;
"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).
3.—(1) 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.
(2) 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.
(3) 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.
(4) Expressions defined in this Order shall have the same respective meanings in any Ordinance, rules, or regulations made under this Order, unless a contrary intention appears.
Administration
4 and 5. [Revoked by S.R. & O. 1920 No. 884 at p. 301 below.]
6.—(1) The Governor may, by proclamation:—
(a) with the approval of the Secretary of State, define any boundaries of the territories for the time being within the limits of this Order, and
(a) Article 1 as substituted by S.R. & O. 1939 No. 520.
(b) divide those territories into provinces or districts in such manner and with such sub-divisions as may be convenient for the purposes of administration, describing the boundaries thereof and assigning names thereto. (a)
(2) If a question arises whether any place is or is not within the Protectorate, or within any Province, and such question does not appear to be determined by any such Proclamation, or other evidence, it shall be referred to the Commissioner, and a certificate under his hand and seal shall be conclusive on the question, and judicial notice shall be taken thereof.
7.—(1) All rights of His Majesty in or in relation to any Crown lands shall vest in and may be exercised by the Commissioner for the time being in trust for His Majesty, or if the Secretary of State at any time with respect to all or any such lands by order under his hand so directs, in such other trustee or trustees for His Majesty as the Secretary of State may appoint.
(2) The Secretary of State may, when he thinks fit, by a like order remove any trustee so appointed, and may appoint any new or additional trustee or trustees.
(3) The Commissioner, or such other trustee or trustees, may make grants or leases of any Crown lands, or may permit them to be temporarily occupied, on such terms and conditions as he or they may think fit, subject to the provisions of any Ordinance.
(4) All mines and minerals being in, under, or upon any lands in the occupation of any native tribe, or any members thereof, or of any person not possessed of the right to work such mines and minerals, shall vest in the...
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