Mandate for Palestine - The Palestine Order in League of Nations Council - Mandatory order 10 August 1922
The Palestine Order in Council.
PART I. PRELIMINARY
PART II. EXECUTIVE
PART III. LEGISLATURE
PART IV. APPLICATION OF CERTAIN BRITISH STATUTES
PART V. JUDICIARY
PART VI. REMOVAL AND DEPORTATION
PART VII. VALIDATION OF ORDINANCES, AND INDEMNIFICATION
PART VIII. GENERAL
AT THE COURT AT BUCKINGHAM PALACE,
The 10th day of August, 1922.
THE KING'S MOST EXCELLENT MAJESTY.
MR. SECRETARY SHORTT.
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should be responsible for putting into effect the declaration originally made on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:--
Title.1. This Order may be cited as "The Palestine Order in Council,
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
"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
(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
(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.
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
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
Succession to Government.
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
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
(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
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
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
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.
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.
(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
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 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
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
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 Legislature31. 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.
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
(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
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
The High Commissioner is hereby substituted for the Governor of a British
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
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 ŁE.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. The 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.
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
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
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
(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 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
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
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
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
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 ŁE.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
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
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
(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
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
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 ŁE.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.
VALIDATION OF ORDINANCES AND INDEMNIFICATION.
Validation of Ordinances, &c., 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
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
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
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, &c., 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.
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
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
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
To The Provisions Of Article 25 Of The Mandate, The High Commissioner May
May Make Such Provision For The Administration Of Any Territories So
Defined As Aforesaid As With The Approval Of The Secretary Of State May
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
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, &c., 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
(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.
(7)`Proclamation of the Commander-
in-Chief declaring Martial Law ..
Proclamation of the Commander-
in-Chief concerning the relation of citizens with the Military
Authorities.. .. .. .. .. ..
Public Notice of the Military
Governor, Jerusalem, concerning Banking Transactions .. .. ..
Public Notice of the Chief
Administrator concerning possession of Government
property .. .. .. .. .. ..
Public Notice of the Chief
Administrator concerning possession of cartridge cases ..
Proclamation of the Commander- in-Chief concerning dealing in Securities
.. .. .. .. .. ..
Notice by the Acting Chief
dealing in Securities .. .. ..December 9th, 1917.
March 30th, 1918.
April 4th, 1918.
May 11th, 1918.
July 20th, 1918.
November 17th, 1918.
February 26th, 1919.The whole.
AT THE COURT AT BUCKINGHAM PALACE,
The 10th day of August, 1922.
THE KING'S MOST EXCELLENT MAJESTY.
MR. SECRETARY SHORTT.
WHEREAS "The Palestine Order in Council, 1922," provides for the constitution of
a Legislative Council in Palestine, and for the election of part of the members
of the Council, and it is necessary to prescribe the system of election of such
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:--
Title.1. This Order may be cited as the Palestine Legislative Council
Election Order, 1922.
Definition.2. In this Order, unless the contrary intention appears,
"Secretary of State" means one of His Majesty's Principal Secretaries of
"Register of voters" or "register" means the register prepared in
accordance with this Order of the persons entitled to vote for the
election of a member of the Legislative Council.
"Member" means a member of the Legislative Council.
"District" means one of the administrative divisions into which Palestine
may be divided by the High Commissioner.
For the purposes of this Order and pending the introduction of an Order in
Council regulating Palestinian citizenship, the following persons shall be
deemed to be Palestinian citizens:--
(a)Turkish subjects habitually resident in the territory of Palestine at
the date of commencement of this Order.
(b)All persons of other than Turkish nationality habitually resident in
the territory of Palestine at the said date, who shall within two calendar
months of the said date make application for Palestinian citizenship in
such form and before such officer as may be prescribed by the High
System of Election.3. The election of members shall be conducted by
primary and secondary elections. Primary election shall consist of the
election by the voters as hereinafter defined of secondary electors and
secondary election shall consist of the election of members by colleges of
Qualification and Disqualification of Voter.4. Every male Palestinian
citizen over 25 years of age shall be entitled to vote at the primary
elections unless he be a person who:--
(a) Has lost his civil rights.
(b) Claims to be under foreign protection.
(c) Has been declared to be a bankrupt, and has not been discharged.
(d) Has been placed under interdiction by a competent Court, and has
not been released.
(e) Has been sentenced to imprisonment for more than a year, and has
not received a free pardon for the crime for which he has been
Definition of Voting Areas.5. For the purpose of primary elections every
District shall be divided into voting areas, and the voters within such
areas shall be entitled to elect a number of secondary electors to be
determined in the manner following. The Governor of the District in
consultation with the President of any Municipal Council or Local Council
in the District and the Mukhtars of the villages shall define such voting
areas, having regard, as far as possible, to the religious community to
which the electors belong, and shall determine the number of secondary
electors to be elected in each voting area on the basis that every 200
primary electors shall elect one secondary elector; provided that if any
village or quarter has between 150 and 200 primary electors it shall be
entitled to vote for one secondary elector; if it has between 350 and 400
primary electors it shall be entitled to vote for two secondary electors,
and the same principle will be maintained where the number of primary
electors exceeds 400.
6. The limits of each voting area and the number of secondary electors for
that area shall be published in the District.
Registration of Voters.7. The High Commissioner shall appoint for each
District one or more registering officers who shall prepare a register of
voters for the primary elections; and a revising officer who shall have
the functions hereinafter prescribed. The registering officer may summon
the President of any Municipal Council or Local Council in the District,
the Mukhtars of the villages and quarters of towns, and the Heads of
Religious Communities to assist in the preparation of the register.
The register shall be arranged according to the villages or quarters in
which the voters reside, and the names of the voters in each village or
quarter shall be numbered consecutively and arranged alphabetically. The
list shall show :--
(a) The name of each voter in full;
(b) The trade or occupation of the voter;
(c) His place of abode.
The High Commissioner may by proclamation issue regulations regarding the
preparation of the register in any other respect, and for its publication
in the Districts, and may from time to time make provision for a revision
of the register.
No person, for the purposes of the primary or secondary elections, shall
be entitled to exercise more than one vote, and no elector at the primary
elections shall exercise a vote in respect of more than one voting area.
Publication of Register.8.--(1) As soon as the register for each District
or Subdistrict is completed the registering officer shall forward it to
the revising officer, who shall not later than 14 days from the receipt of
the register publish it by causing to be posted in some conspicuous place
in every village and quarter within the District a copy of those parts of
the register which contain the names of persons resident in such village
and quarter, together with a notice specifying the time and place
appointed for the revision and final settlement of the register for the
District, and calling on all persons who are entitled to vote and whose
names are not included in the register, and on all persons who object to
the insertion of the name of any voter to attend and make such claim or
objection at the time and place appointed.
(2) Every such extract from the register and every such notice shall
remain posted for not less than 14 days before the time appointed for the
revision of the register.
Revision of Register.9.--(1) The revising officer shall revise the
register of voters,and there shall be an appeal from his decision to the
(2) All persons making claims or objections as well as all persons whose
names are objected to may appear in person or by an agent or advocate
before the revising officer and may give and produce evidence with respect
to any such claim or objection.
(3) The registering officer for any village or quarter shall be present at
the revision, and may likewise give and produce evidence.
(4) The revised list of voters for every District shall be kept at the
office of the Governor of the District, and shall be open to inspection at
all reasonable time.
Qualification of Secondary Elector.10. Any person may be elected as a
secondary elector provided he is on the register of primary electors for
Power to issue Regulations for Elections.11. The High Commissioner may by
Proclamation provide for the appointment and duties of returning officers
at the primary elections,and for determining the time and place for
holding elections, and the manner in which elections shall be conducted
and the poll taken when required, and the manner in which the votes shall
be given and the result ascertained, and for all other matters necessary
to the orderly and impartial conduct of elections.
Electoral Colleges.12. The secondary electors shall be formed into twelve
electoral colleges according to the religious community to which they
belong; that is to say, there shall be separate electoral colleges for
Moslems, Christians and Jews. Secondary electors who do not belong to the
Moslem, Christians or Jewish community shall opt for any electoral college
in their area. The number of colleges to be allotted to each religious
community shall be determined by the High Commissioner having regard to
the numbers of secondary electors belonging to the several communities,
provided that there shall not be less than two Christian and two Jewish
colleges. Each electoral college shall elect one member. The High
Commissioner shall by Proclamation assign the secondary electors to the
several colleges having regard to the areas which they represent.
Secondary Elections.13. The High Commissioner shall, by notice in the
Gazette,appoint a day on which the electoral colleges shall meet for the
purpose of electing members of the Legislative Council.
The election shall be conducted in such manner as may be prescribed by
Proclamation of the High Commissioner.
Nomination of Members.14. No person shall be eligible as a member who has
not been nominated by two duly qualified secondary electors belonging to
the religious community, for which the candidate is nominated, as proposer
and seconder, and by eight other duly qualified secondary electors of that
community as consenting to the nomination. The nomination shall be in
writing and shall be delivered at the time appointed for the election to
the returning officer by the candidate himself or by his proposer or
Qualification and Disqualifition of Members.15. Every male Palestinian
citizen who has completed his 30th year shall be eligible for election as
a member unless he
(a) claims to be under foreign protection;
(b) has been declared a bankrupt, and has not been discharged;
(c) has been placed under interdiction, and has not been released;
(d) has lost his civil rights;
(e) has been sentenced to imprisonment for more than one year, and has
not received a free pardon for the crime for which he was sentenced.
(f) holds any office of profit under the Palestine Government.
(g) has any direct or indirect pecuniary interest in any agreement
with the Public Service of Palestine otherwise than as a member, and
in common with other members of an incorporated company consisting of
more than twenty-five persons.
16. Any person who is guilty of any act in connection with the primary or
secondary election of a member of the Legislative Council, which is a
corrupt and illegal practice as defined by the law of England relative to
Corrupt and Illegal Practices at Parliamentary Elections shall be liable
on conviction by the competent Court to the penalties and disabilities
provided by that Law, so far as the circumstances of Palestine and of its
Resignation of Seat.17.--(1) Any Elected Member of the Legislative Council
may resign his seat by writing under his hand addressed to the High
Commissioner, and upon the receipt of such resignation the seat of such
Member shall become vacant:
Provided that no Member shall, without the permission of the Legislative
Council, resign his seat while any proceedings are pending in respect of
his election if it is alleged in those proceedings that any corrupt or
illegal practices took place at that election, or while any proceedings
are contemplated or pending in respect of his conduct in, or as a Member
of the Council.
(2) The electoral college which elected the Member resigning shall be
convened by notice in the Gazette, and shall elect a Member in his place.
Vacation of Seat.18. If any Member of the Legislative Council--
(a) Shall be absent, except on the ground of illness, from the
sittings of the Legislative Council, for a period of three calendar
months during any session without the leave of the Council; or
(b) Shall take any oath or make any declaration or acknowledgment of
allegiance, obedience or adherence to any foreign State or Power; or
(c) Shall do, concur in or adopt any act whereby he may become the
subject or citizen of any such State or Power; or,
(d) Shall be or become subject to any of the disqualifications
mentioned in Article 15, the High Commissioner shall declare his seat
to be vacant, and shall direct an election to be held to fill the
vacancy in the manner prescribed in the preceding Article. Provided
that if the Member is absent from Palestine with the consent of the
Council for a period not exceeding six months the High Commissioner
may nominate any properly qualified person to act as Member during his
Power to amend by Proclamation.19. The High Commissioner may, by
Proclamation in the Gazette, at any time within one year from the date of
the commencement of this Order,Order, and provided that he has 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 matter necessary in order to carry into
effect the provisions thereof.
Tribal Areas.20. In the Sub-District of Beersheba, and in any other area
which may by Proclamation be declared to be a tribal area, the High
Commissioner may make such other arrangements for the conduct of primary
elections as he may think fit. Provided that the number of secondary
electors for any such areas shall be the same as if the elections had been
carried out under the provisions of this Order.
Commencement of Order.21. This Order shall come into operation on a day to
be fixed by the High Commissioner by Proclamation in the Gazette, and
shall regulate the first election of members of the Legislative Council,
and thereafter it shall be lawful for the said Council to pass any
Ordinance or Ordinances amending or substituted for any of the provisions
of this Order, but subject to the provisions of any such Ordinance or
Ordinances this Order shall continue in force.
Instructions passed under the Royal Sign Manual
and Signet to the High Commissioner and
Commander-in-Chief of Palestine.
Dated 14th August, 1922.
INSTRUCTIONS TO OUR HIGH COMMISSIONER AND COMMANDER-IN-
CHIEF IN AND OVER PALESTINE, OR OTHER OFFICER FOR THE
TIME BEING ADMINISTERING THE GOVERNMENT OF PALESTINE.
Preamble.WHEREAS by an Order in Council, bearing date the tenth day of
August, 1922, entitled "The Palestine Order in Council, 1922," provision
was made for the Government of certain territories, therein and
hereinafter referred to as "Palestine", and for the appointment of a fit
person to administer the Government of Palestine under the designation of
High Commissioner and Commander-in-Chief (therein and hereinafter called
the High Commissioner) or such other designation as We think fit:
And whereas the High Commissioner was thereby authorised, empowered and
commanded to do and execute all things that belong to his said office,
according to the tenour of any Orders in Council relating to Palestine,
and of such Commission as might be issued to him under Our Sign Manual and
Signet, and according to such Instructions as might from time to time be
given to him under Our Sign Manual and Signet, or by Order in Council or
by Us through one of Our Principal Secretaries of State, and to such Laws
and Ordinances as were then or should thereafter be in force in Palestine:
Recites Commission.And whereas by a Commission passed under the Royal Sign
Manual and Signet, bearing even date herewith, the Officer therein
mentioned has been appointed to administer the Government of Palestine
under the designation of High Commissioner and Commander-in-Chief:
And whereas We are minded to issue these Our Instructions under Our Sign
Manual and Signet for the guidance of Our High Commissioner and
Commander-in-Chief, or other Officer administering the Government of
Now know ye that We do direct and enjoin and declare Our Will and Pleasure
as follows :--
High Commissioner to administer oaths.I.--The High Commissioner may,
whenever he thinks fit, require any person in the public service of
Palestine to take the Oath in the form prescribed by Article 31 of the
above recited Order in Council, together with such other Oath or Oaths as
may from time to time be prescribed by any laws in force in Palestine. The
High Commissioner is to administer such Oaths, or to cause them to be
administered by some Public Officer of Palestine.
Instructions to be observed by Deputies.II.--During the temporary absence
of the High Commissioner from the seat of Government or from Palestine,
these Instructions so far as they apply to any matter or thing to be done,
or any power or authority to be exercised by a Deputy acting for the High
Commissioner, shall be deemed to be addressed to and shall be observed by
Deputies may correspond direct with Secretary of State in urgent
cases.III.--If in any emergency arising in Palestine during the temporary
absence of the High Commissioner for a short period from the seat of Go
vernment or from Palestine it is necessary that instructions should be
obtained from Us without delay, the Deputy (if any) acting for the High
Commissioner may apply to Us, through one of Our Principal Secretaries of
State for instructions in the matter; but every such Deputy shall
forthwith transmit to the High Commissioner a copy of every despatch or
communication which he has so addressed to Us.
Constitution of Executive Council.IV.--The Executive Council of Palestine
shall consist of the persons for the time being lawfully discharging the
functions of Chief Secretary, Attorney-General, and Treasurer, who shall
be styled ex officio Members of the Executive Council, and such other
persons holding office in the Public Service of Palestine as the High
Commissioner in pursuance of Instructions from Us through one of Our
Principal Secretaries of State, may from time to time appoint by an
Instrument under the Public Seal of Palestine, who shall be styled
Official Members of the Executive Council.
Extraordinary Members.Whenever upon any special occasion the High
Commissioner desires to obtain the advice of any persons within Palestine,
relating to affairs therein, he may, by an Instrument under the Public
Seal of Palestine, summon for such special occasion any such persons as
Extraordinary Members of the Executive Council.
Suspension.V.--The High Commissioner may, by an Instrument under the
Public Seal of Palestine, suspend any person appointed by name from the
exercise of his functions as a Member of the Executive Council. Every such
suspension shall be forthwith reported by the High Commissioner to Us
through one of Our Principal Secretaries of State, and shall remain in
force unless and until either it shall be removed by the High Commissioner
by an Instrument under the said Public Seal, or it shall be disallowed by
Us through one of Our Principal Secretaries of State, and such
disallowance shall be published in the Official Gazette of Palestine.
Provisional Appointments.VI.--Whenever any Member, other than an ex
officio Member, of the said Executive Council shall by writing under his
hand resign his seat in the said Executive Council, or shall die, or be
suspended from the exercise of his functions as a Member of the Executive
Council or be declared by the High Commissioner by an Instrument under the
Public Seal to be incapable of exercising his functions as a Member of the
Council, or be absent from Palestine or shall be acting in an office the
holder of which is an ex officio Member of the Council, the High
Commissioner may, by an Instrument under the Public Seal, provisionally
appoint some person to be temporarily a Member of the Council in the place
of the Member so resigning or dying, or being suspended or declared
incapable or being absent, or sitting as an ex officio Member.
Such person shall forthwith cease to be a Member of the said Council if
his appointment is disallowed by Us, or if the Member in whose place he
was appointed shall be released from suspension, or, as the case may be
shall be declared by the High Commissioner capable of again discharging
his functions in the Council, or shall return to Palestine, or shall cease
to sit in the Council as an ex officio Member.
Provided that when any person shall be lawfully discharging the functions
of more than one of the offices the holders of which are ex officio
Members of the said Council, the High Commissioner may, by an Instrument
under the Public Seal, appoint any fit person to be provisionally a Member
of the Council so long as the functions of the said offices shall continue
to be discharged by one person as aforesaid.
Provisional appointments to be immediately reported.VII.--The High
Commissioner shall without delay report to Us, for Our confirmation or
disallowance through one of Our Principal Secretaries of State, every
provisional appointment of any person as a Member of the Executive
Council. Every such person shall hold his place in the Council during Our
pleasure, and the High Commissioner may by an Instrument under the Public
Seal revoke any such appointment.
Precedence of Members.VIII.--The Members of the Executive Council shall
have seniority and precedence as We may specially assign, and, in default
thereof, first the ex officio Members in the order in which their offices
are abovementioned, then the Official Members according to the priority of
their respective appointments, or, if appointed by the same Instrument,
according to the order in which they are named therein, and finally
Extraordinary Members with like priority.
High Commissioner to communicate Instructions to Executive
Council.IX.--The High Commissioner shall forthwith communicate these Our
Instructions to the Executive Council and likewise all such others from
time to time, as We may direct, or as he shall find convenient for Our
Service to impart to them.
Executive Council not to proceed to business unless summoned by High
Commissioner's authority.X.--The Executive Council shall not proceed to
the despatch of business unless duly summoned by authority of the High
Commissioner, nor unless two Members at least (exclusive of himself or of
the Member presiding) be present and assisting throughout the whole of the
meetings at which any such business shall be despatched.
High Commissioner to preside.XI.--The High Commissioner shall attend and
preside at all meetings of the Executive Council unless prevented by
illness or other grave cause, and in his absence such Member as the High
Commissioner may appoint, or, in the absence of such Member, the senior
Member of the Council actually present shall preside.
Minutes of Executive Council to be kept.XII.--Minutes shall be regularly
kept of all the proceedings of the Executive Council; and at each meeting
of the Council the Minutes of the last preceding meeting shall be
confirmed or amended, as the case may require, before proceeding to the
despatch of any other business.
Minutes to be sent home twice a year.Twice in each year a full and exact
copy of all Minutes for the preceding half year shall be transmitted to Us
through one of Our Princi pal Secretaries of State.
High Commissioner to consult Executive Council.
Urgent cases.XIII.--In the execution of the powers and authorities granted
to the High Commissioner by the above recited Order in Council he shall in
all cases consult with the Executive Council, excepting only in cases
which may be of such a nature that, in his judgment, Our service would
sustain material prejudice by consulting the Council thereupon, or when
the matters to be decided shall be too unimportant to require their advice
or too urgent to admit of their advice being given by the time within
which it may be necessary for him to act in respect of any such matters.
In all such urgent cases he shall at the earliest practicable period,
communicate to the Executive Council the measures which he may so have
adopted, with the reasons thereof.
High Commissioner alone entitled to submit questions.XIV.--The High
Commissioner alone shall be entitled to submit questions to the Executive
Council for their advice or decision; but if the High Commissioner decline
to submit any question to the Council when requested in writing by any
Member so to do, it shall be competent to such Member to require that
there be recorded upon the Minutes his written application, together with
the answer returned by the High Commissioner to the same.
High Commissioner may act in opposition to Executive Council.
Reporting the grounds for so doing.
Members may require their adverse opinions to be recorded on the
Minutes.XV.--The High Commissioner may act in opposition to the advice
given to him by the Members of the Executive Council, if he shall in any
case deem it right to do so; but in any such case he shall fully report
the matter to Us by the first convenient opportunity, with the grounds and
reasons of his action. In every such case it shall be competent to any
Member of the Council to require that there be recorded at length on the
Minutes the grounds of any advice or opinion he may give upon the
No submission to the Legislative Council of Ordinances inconsistent with
the Mandate.XVI. No proposed Ordinance which shall be in any way repugnant
to, or inconsistent with, the provisions of the Mandate shall be submitted
to the Legislative Council.
Rules under which laws are to be enacted.XVII.--In the enactment of
Ordinances the High Commissioner shall observe, as far as practicable, the
Style of Ordinances.(1) All laws shall be styled "Ordinance," and the
enacting words shall be, "Enacted by the High Commissioner of Palestine
with the advice and consent of the Legislative Council thereof."
Arrangement of Ordinances.(2) All Ordinances shall be distinguished by
titles, and shall be divided into successive clauses or paragraphs,
consecutively numbered, and to every such clause there shall be annexed
in the margin a short summary of its contents. The Ordinances of each
year shall be distinguished by consecutive numbers, commencing in each
year with the number one. All Ordinances passed in any one year shall,
unless they require to be reserved for the signification of Our
pleasure, be assented to by the High Commissioner in that year, and
shall be dated as of the day on which the assent of the High
Commissioner is given and shall be numbered as of the year in which they
are passed. Ordinances not so assented to by the High Commissioner, but
reserved by him for the signification of Our pleasure, shall be dated as
of the day and numbered as of the year on and in which they are brought
Different subjects not to be mixed in the same Ordinance.
No clause to be introduced foreign to what the title of the Ordinance
imports.(3) Each different matter shall be provided for by a different
Ordinance, without intermixing in one and the same Ordinance such things
as have no proper relation to each other; and no clause is to be
inserted in or annexed to an Ordinance which shall be foreign to what
the title of such Ordinance imports; and no perpetual clause shall be
part of any temporary Ordinance.
Description of Ordinances not to be enacted without previous
instructions.XVIII.--The High Commissioner shall not, unless he shall have
previously obtained instructions thereupon from one of Our Principal
Secretaries of State, or unless the Ordinance shall contain a clause
suspending its operation until the signification of Our pleasure
thereupon, assent to any Ordinance of any of the following classes,
(1) Any Ordinance relating to immigration;
(2) Any Ordinance for the divorce of persons joined together in holy
(3) Any Ordinance whereby any grant of land or money, or other donation
or gratuity, may be made to himself;
(4) Any Ordinance affecting the currency of Palestine or relating to the
issue of Bank notes;
(5) Any Ordinance imposing differential duties;
(6) Any Ordinance the provisions of which shall appear inconsistent with
obligations imposed upon Us by Treaty or by the Mandate conferred on Us
for the Government of Palestine;
(7) Any Ordinance interfering with the discipline or control of Our
Forces by land, sea, or air;
(8) Any Ordinance of an extraordinary nature and importance, whereby Our
prerogative, or the rights and property of Our subjects not residing in
Palestine, or the trade and shipping of the United Kingdom and its
Dependencies, may be prejudiced;
(9) Any Ordinance whereby persons who are nationals of any States
Members of the League of Nations may be subjected or made liable to any
disabilities to which persons who are British subjects or nationals of
any foreign State are not also subjected or made liable;
(10) Any Ordinance containing provisions which are repugnant to any
Order in Council in force in Palestine or which have been disallowed by
one of Our Principal Secretaries of State.
Ordinances to be sent home duly authenticated.XIX--(1) When any Ordinance
shall have been enacted, the High Commissioner shall forthwith transmit to
one of Our Principal Secretaries of State a full and exact copy in
duplicate of the same, together with a marginal summary thereof, duly
authenticated under the Public Seal of Palestine, and by his own
signature. Such copy shall be accompanied by such explanatory observations
as may be required to exhibit the reasons and occasion for making such
(2) An authenticated copy of any Rules of Court or any Regulations issued
in Palestine shall likewise be transmitted to Us at the first available
opportunity after these Rules and Regulations are made.
Collection of Ordinances to be published every year.XX.--(1) All
Ordinances, Proclamations, Rules of Court and Regulations shall be
published in the Official Gazette of Palestine.
(2) At the earliest practicable period at the commencement of each year,
the High Commissioner shall cause a complete collection to be published,
for general information, of all Ordinances, Proclamations, Rules of Court
and Regulations enacted during the preceding year.
Minutes of proceedings of the Legislative Council to be kept. Minutes to
be sent home after every meeting.XXI.--Minutes shall be regularly kept of
all the proceedings of the Legislative Council, and at each meeting of the
Council the Minutes of the last preceding meeting shall be confirmed or
amended as the case may require, before proceeding to the despatch of any
other business. The High Commissioner shall transmit to Us through one of
Our Principal Secretaries of State as soon as possible after every meeting
a full and exact copy of the Minutes thereof
Surveys and reservations to be made before waste lands are disposed of.
High Commissioner not to purchase lands without permission.XXII.--Before
disposing of any vacant or waste lands to the Government of Palestine
belonging, the High Commissioner shall cause the same to be surveyed and
such reservations to be made thereout as he may think necessary for roads
or other public purposes. The High Commissioner shall not directly or
indirectly purchase for himself any of such lands without Our special
permission given through one of Our Principal Secretaries of State.
Appointments to be during pleasure, and in some cases
provisional.XXIII.--All Commissions to be granted by the High Commissioner
to any person or persons for exercising any office or employment shall,
unless otherwise provided by law, be granted during pleasure only; and
whenever the High Commissioner shall appoint to any vacant office or
employment, of which the initial emoluments exceed three hundred pounds
sterling a year, any person not by Us or on Our behalf specially directed
to be appointed thereto, he shall, at the same time, distinctly inform
such person that such appointment is to be considered only as temporary
and provisional until confirmed or superseded under directions from one of
Our Principal Secretaries of State. Provided that the High Commissio- ner
shall not make such a temporary or provisional appointment of a person not
resident in Palestine.
The High Commissioner shall not appoint any person to any vacant office or
employment of which the initial emoluments exceed six hundred pounds a
year except with the approval of a Principal Secretary of State.
Suspension of Officers.XXIV--Before suspending from the exercise of his
office any Public Officer, whose annual pensionable emoluments exceed
three hundred pounds sterling, the High Commissioner shall signify to such
Officer, by a statement in writing, the grounds of the intended
suspension, and shall call upon him to state in writing the grounds upon
which he desires to exculpate himself, and if the Officer does not furnish
such a statement within the time fixed by the High Commissioner, or fails
to exculpate himself to the satisfaction of the High Commissioner, the
High Commissioner shall appoint a Committee of the Executive Council to
investigate the charges made and to make a full report to the Executive
Council. The High Commissioner shall forthwith cause such report to be
considered by the Council and shall cause to be recorded in the Minutes
whether the Council, or the majority thereof, does or does not assent to
the suspension, and if the High Commissioner thereupon proceed to such
suspension, he shall transmit the report of the Committee and the evidence
taken by it, together with the Minutes of the proceedings of the Council,
to Us through one of Our Principal Secretaries of State at the earliest
opportunity. But if in any case the interests of Our service shall appear
to the High Commissioner to demand that a person shall cease to exercise
the powers and functions of his office instantly or before there shall be
time to take the proceedings hereinbefore directed, he shall then
interdict such person from the exercise of the powers and functions of his
High Commissioner to report deportations.XXV.--Wherever any person shall
have been deported from Palestine by order of the High Commissioner in
accordance with the provisions of the above recited Order in Council, the
High Commissioner shall forthwith report to us through a Principal
Secretary of State the order made by him and the grounds thereof and the
Regulation of power of pardon in capital cases. Judge's reports to be laid
before Executive Council.
High Commissioner to consult Executive Council in such cases.
To exercise his own judgment: entering his reasons on Council Minutes if
unable to accept the advice of the majority.XXVI.--Whenever any offender
shall have been condemned to suffer death by the sentence of any Court in
Palestine, the High Commissioner shall call upon the Judge who presided at
the trial to make to him a written report of the case of such offender,
and shall cause such report to be taken into consideration at the first
meeting thereafter which may be conveniently held of the Executive
Council, and he may cause the said Judge to be specially summoned to
attend at such meeting and to produce his notes thereat. The High
Commissioner shall not pardon or reprieve any such offender unless it
shall appear to him expedient so to do, upon receiving the advice of the
Executive Council thereon: but in all such cases he is to decide either to
extend or to withhold a pardon or reprieve, according to his own
deliberate judgment, whether the Members of the Executive Council concur
therein or otherwise; entering, nevertheless on the Minutes of the
Executive Council a Minute of his reasons at length in case he should
decide any such question in opposition to the judgment of the majority of
the Members thereof.
British policy in Palestine.XXVII.--The High Commissioner shall be guided
by the statement of British policy in Palestine presented to Parliament by
Our Command on the 1st day of July, 1922. While ensuring that the rights
and position of other sections of the population are not prejudiced, he
shall facilitate Jewish immigration under suitable conditions and shall
encourage close settlement by Jews on the land, including State lands and
waste lands not required for public purposes.
Blue Book.XXVIII.--The High Commissioner shall punctually forward to Us
from year to year, through one of Our Principal Secretaries of State, the
annual book of returns or reports, commonly called the Blue Book relating
to the Revenue and Expenditure, Defence, Public Works, Legislation, Civil
Establishment, Pensions, Population, Schools, Holy Sites and Antiquities,
Course of Exchange, Imports and Exports, Agricultural Produce,
Manufactures, the immigration of Jews and the welfare of the Arab
population, and other matters in the said Blue Book more particularly
specified, with reference to the state and condition of Palestine, and
having regard to the obligations of Our Government as the Mandatory of
Palestine in accord with Article XXII of the Covenant of the League of
High Commissioner's absence.XXIX.--Except in the cases provided for in the
above recited Order in Council, the High Commissioner shall not upon any
pretence whatever quit Palestine without having first obtained leave from
Us for so doing under Our Sign Manual and Signet, or through one of Our
Principal Secretaries of State.
Term "High Commissioner" explained.XXX--In these Our Instructions the term
"High Commissioner" shall, unless inconsistent with the context, include
every person for the time being administering the Government of Palestine.
Given at Our Court at Saint James's this Fourteenth day of
August, 1922, in the Thirteenth Year of Our Reign.