Geneva Conventions Act (Colonial Territories) Order in Council, 1959

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1959/1959-1301/GenevaConventionsActColonialTerritoriesOrderinCouncil1959_1.pdf
Published: 1959-09-01

Geneva Conventions Act (Colonial Territories) Order in Council
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CHAPTER 95

GENEVA CONVENTIONS (SUPPLEMENTARY)

Subsidiary Legislation under the Geneva Conventions
Act, 1957 (5 & 6 Eliz. 2 c. 52) of the United Kingdom

S.I. 1959 No. 1301

GENEVA CONVENTIONS

GENEVA CONVENTIONS ACT (COLONIAL
TERRITORIES) ORDER IN COUNCIL, 1959
Made .............................................. 28th July, 1959

Coming into Operation............1st September, 1959

At the Court of Saint James, the 28th day of July, 1959

Present,

Her Majesty Queen Elizabeth the Queen Mother and

Her Royal Highness The Princess Alexandra of Kent in
Council.

Whereas
* * * * * *

And whereas

* * * * * *

Now, therefore, Her Majesty Queen Elizabeth The
Queen Mother and Her Royal Highness The Princess
Alexandra of Kent, being authorised thereto by the said
Letters Patent, and in exercise of the powers conferred on
Her Majesty by subsection (2) of section 8 of the Geneva
Conventions Act, 19571, and of all other powers



1 5 & 6 Eliz. 2 c. 52.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

enabling Her Majesty in that behalf, do hereby, by and
with the advice of Her Majesty’s Privy Council, on Her
Majesty’s behalf order, and it is hereby ordered, as
follows —

1. (1) This Order may be cited as the Geneva
Conventions Act (Colonial Territories) Order in Council,
1959.

(2) This Order shall come into operation on the first
day of September, 1959.

2. Subject to the exceptions and modifications
specified in the Second Schedule to this Order, the
provisions of the Geneva Conventions Act, 1957 (other
than section 4 and subsection (2) of section 8) shall extend
to the territories specified in the First Schedule to this
Order.

3. The Interpretation Act, 18892, shall apply for the
purpose of interpreting this Order as it applies for the
purpose of interpreting an Act of Parliament.

FIRST SCHEDULE

TERRITORIES TO WHICH THE ACT EXTENDS
* * * * * *

Bahamas.

* * * * * *

SECOND SCHEDULE

EXCEPTIONS AND MODIFICATIONS TO BE MADE IN
THE EXTENSION OF THE ACT TO THE TERRITORIES

SPECIFIED IN THE FIRST SCHEDULE
1. (1) For the words “United Kingdom” wherever they

occur there shall be substituted the word “Territory”.
(2) For the words “the Secretary of State”, “the Army

Council” or “the Board of Trade” wherever they occur there
shall be substituted the words “the Governor”.

2. (1) In subsection (1) of section 1 for the word “felony”
there shall be substituted the words “an offence”.


2 52 and 53 Vict. c. 63.

Citation and
commencement.

Extension of
Geneva
Conventions Act,
1957 to Colonial
territories.

Interpretation.

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(2) In subsection (2) of section 1 the word “indicated”
shall be omitted.

(3) For subsection (3) of section 1 the following
subsection shall be substituted —

“(3) Proceedings for an offence under this section shall not
be instituted in the Territory without the consent of
the appropriate legal officer of the Territory.”

(4) Subsection (5) of section 1 shall be omitted.
3. (1) In section 3 for the word “counsel” wherever it occurs

there shall be substituted the words “an advocate” except where
the following provisions of this paragraph otherwise require.

(2) In paragraph (ii) of subsection (1) of section 3 for the
words “the solicitor by whom that counsel was instructed” there
shall be substituted the words “that advocate or, where that
advocate is instructed by a solicitor, to the solicitor by whom he
is instructed”.

(3) In subsection (3) of section 3 for the words “a
solicitor and counsel” there shall be substituted the words “an
advocate and, where the law or practice of the Territory requires
that in proceedings before the court an advocate shall be
instructed by a solicitor, a solicitor”.

(4) Subsection (4) of section 3 shall be omitted.
(5) In subsection (5) of section 3 —

(a) for the words “A solicitor or counsel shall be assigned in
pursuance of subsection (3) of this section in such manner
as Her Majesty may by Order in Council prescribe, and any
solicitor or counsel” there shall be substituted the words
“An advocate or solicitor shall be assigned in pursuance of
subsection (3) of this section in such manner as the
Governor may be regulations prescribe, and any advocate
or solicitor”;

(b) for the word “Parliament” there shall be substituted the
words “the legislature of the Territory”;

(c) the words “made by statutory instrument” shall be omitted.
(6) After subsection (5) of section 3 there shall be

inserted the following subsection —
“(6) In this section —

‘advocate’ means, in relation to proceedings before any
court, a legal practitioner who has a right of
audience in that court; and

‘solicitor’ means, in relation to proceedings before any
court, a legal practitioner who has a right to instruct
an advocate in such proceedings.”

4. (1) In subsection (1) of section 5 the words “or, in
Northern Ireland, the Minister of Home Affairs for Northern
Ireland,” shall be omitted.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) In subsection (2) of section 5 the words “or, in
Northern Ireland, the Minister aforesaid,” shall be omitted.

5. (1) In subsection (4) of section 6 for the words “passing
of this Act” wherever they occur there shall be substituted the
words “coming into operation of this Act in the Territory”.

(2) In subsection (5) of section 6 for the word “national”
there shall be substituted the word “public”.

(3) In subsection (6) of section 6 for all the words
following the word “thereof” there shall be substituted the words
“on any ship or aircraft registered in the Territory”.

(4) For subsections (7), (8) and (9) of section 6 there
shall be substituted the following subsections —

“(7) Proceedings under this section shall not be instituted
in the Territory without the consent of the appropriate
legal officer of the Territory.

(8) The authority of the Governor under this section may
be given by the Governor or any person or authority
authorised in that behalf by the Governor.

(9) (a) The Geneva Convention Act, 19113, and the
Geneva Convention Act, 19374, shall cease to have
effect in so far as they form part of the law of the
Colonies to which this section extends, and the
Geneva Convention Act, 1911 (Colonies) Order in
Council, 19175 and the Geneva Convention Act, 1937
(Colonies) Order in Council, 19376 (as amended by
the Geneva Convention Act, 1937 (Colonies)
(Amendment) Order in Council, 19537 are hereby
revoked in relation to those Colonies.”

6. (1) In subsection (1) of section 7 —
(a) the definition of “enactment” shall be omitted;
(b) immediately before the definition of a “protected internee”

there shall be inserted the following definition —
“‘Governor’, in relation to any Territory, means the

Governor of the Territory and includes any person
administering the government of the Territory.”


3 1 & 2 Geo. 5 c. 20.
4 1 Edw. 8 & 1 Geo. 6. c. 15.
5 S.R. & O. 1917/1142 (Rev. IX, p. 596: 1917, p. 379).
6 S.R. & O. 1937/1218 (Rev. IX, p. 597: 1937, p. 835).
7 S.I. 1953/748 (1953 I, p. 835).

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(c) there shall be inserted at the end of the subsection the
following definition —

“‘Territory’ means any of the territories to which the
foregoing provisions of this Act extend and includes
the dependencies thereof.”

(2) At the end of section 7 there shall be inserted the
following subsection —

“(3) The references in this Act to the consent of the
appropriate legal officer of a Territory in connection
with the institution of proceedings for an offence shall
be construed as references to the consent of the
Attorney-General or other principal Law Officer of
the Territory (including any person for the time being
discharging the functions of that office) or to such
other officer as the Governor may, either generally or
in relation to specified classes of proceedings,
prescribe by order.”
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