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Administration Of Justice Act, 1956 (Enlarged Admiralty Jurisdiction)

Volume 718: debated on Tuesday 2 November 1965

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asked the Secretary of State for the Colonies if he will list those territories or countries for which Her Majesty's Government exercises responsibility through the Colonial Office which have not as yet incorporated in their legal systems the enlarged Admiralty jurisdiction which has been conferred upon the High Court of the United Kingdom by the Administration of Justice Act, 1956; in each case, what progress is being made towards the incorporation of such jurisdiction; and, where this has not been done, what are the reasons.

The following territories for which Her Majesty's Government exercises responsibility through the

Territory
BarbadosIt is the intention of the Barbados Government to enact local legislation but, for constitutional and administrative reasons, this has not yet been done.
BasutolandNon-maritime.
Bechuanaland
Falkland IslandsIt is now considered that the Falkland Islands Application of Enactments (Amendment) Ordinance 1962, by which instrument it was intended that the enlarged Admiralty jurisdiction should be incorporated into the legal system of the territory, may be ineffective for the purpose. It is therefore proposed to proceed by United Kingdom Order in Council.
British Antarctic TerritoryNo practical purpose would be served by incorporating the enlarged Admiralty jurisdiction into the legal system of the territory.
SwazilandNon-maritime.
TongaThe Government of Tonga, without whose agreement no United Kingdom statute can be applied to the Kingdom, have not yet reached a decision in this matter.

asked the Secretary of State for the Colonies if he will list those countries or territories for which Her Majesty's Government exercises responsibility, together with those former colonial countries or territories for which Her Majesty's Government previously exercised such responsibility, which have incorporated in their legal systems the enlarged Admiralty jurisdiction which has been conferred upon the High Court of the United Kingdom by

TerritoryConstitutional Instrument
AdenThe Admiralty Jurisdiction (Aden) Order in Council 1963 (S.I. 1963/1634).
AntiguaThe Admiralty Jurisdiction (Antigua) Order 1964 (S.I. 1964/1659).
BahamasThe Admiralty Jurisdiction (Bahama Islands) Order in Council 1962 (S.I. 1962/2348).
BermudaThe Supreme Court (Admiralty Jurisdiction) Act 1962, Ordinance No. 31 of 1962.
British GuianaThe Admiralty Jurisdiction (British Guiana) Order in Council 1962 (S.I. 1962/630).
British HondurasThe Admiralty Jurisdiction (British Honduras) Order 1965 (S.I. 1965/593).
Cayman IslandsThe Admiralty Jurisdiction (Cayman Islands) Order 1964 (S.I. 1964/922).
DominicaThe Admiralty Jurisdiction (Dominica) Order 1964 (S.I. 1964/ 1660).
FijiThe Admiralty Jurisdiction (Fiji) Order in Council 1962 (S.I. 1962/398).
GibraltarThe Admiralty Jurisdiction (Gibraltar) Order in Council 1961 (S.I. 1961/2031).
GrenadaThe Admiralty Jurisdiction (Grenada) Order 1964 (S.I. 1964/1661).
Hong KongThe Admiralty Jurisdiction (Hong Kong) Order in Council 1962 (S.I. 1962/1547).
MauritiusThe Admiralty Jurisdiction (Mauritius) Order in Council 1962 (S.I. 1962/167).
MontserratThe Admiralty Jurisdiction (Montserrat) Order 1964 (S.I. 1964/1662).
PitcairnJudicature Ordinance No. 1 of 1961.
St. Christopher, Nevis and AnguillaThe Admiralty Jurisdiction (St. Christopher, Nevis and Anguilla) Order 1964 (S.I. 1964/1663).

Colonial Office have not incorporated in their legal systems the enlarged Admiralty jurisdiction for the reasons stated:

the Administration of Justice Act, 1956; and, in each case, by what constitutional instrument such jurisdiction was conferred.

The following territories for which Her Majesty's Government exercises responsibility through the Colonial Office have incorporated in their legal systems the enlarged Admiralty jurisdiction by the constitutional instruments noted:

Territory

Constitutional Instrument

St. HelenaThe Admiralty Jurisdiction (St. Helena) Order 1964 (S.I. 1964/1664).
St. LuciaThe Admiralty Jurisdiction (Saint Lucia) Order 1965 (S.I. 1965/129).
St. VincentThe Admiralty Jurisdiction (Saint Vincent) Order 1964 (S.I. 1964/1665).
SeychellesThe Admiralty Jurisdiction (Seychelles) Order in Council 1961 (S.I. 1961/2032).
Turks and Caicos IslandsThe Admiralty Jurisdiction (Turks and Caicos Islands) Order 1965 (S.I. 1965/1529).
Virgin IslandsThe Admiralty Jurisdiction (Virgin Islands) Order in Council 1961 (S.I. 1961/2033).

Western Pacific

British Solomon Islands ProtectorateThe Admiralty Jurisdiction (British Solomon Islands Protectorate) Order 1965 (S.I. 1965/594).
Gilbert and Ellice Islands ColonyThe Admiralty Jurisdiction (Gilbert and Ellice Islands Colony) Order 1965 (S.I. 1965/595).
Hew HebridesThe Admiralty Jurisdiction (New Hebrides) Order 1965 (S.I. 1965/596).

2. The following countries for which Her Majesty's Government previously exercised responsibility had, at the time

Territory

Constitutional Instrument

JamaicaThe Admiralty Jurisdiction (Jamaica) Order in Council 1962 (S.I. 1962/631).
SabahThe Admiralty Jurisdiction (North Borneo) Order in Council 1962 (S.I. 1962/399).
SarawakApplication of Laws Ordinance Cap. 2.
SingaporeCourts (Admiralty Jurisdiction) Ordinance 1961, No. 32 of 1961.
ZanzibarThe Admiralty Jurisdiction (Zanzibar) Order in Council 1962 (S.I. 1962/2180).