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a p p r o p r n te .
'.'.. The c h a i r m a n m a y or may not be a member of the
Leg'i . sialive Council .
it is submit ted that . In ease division of representation as
between Jew * und non-Jews be persisted in, th«n the i.otcrr.nr or
lbs deputy or any other person entrusted with t ulriinj c tr.e balanc e,
ought to bn iht- C'liuirmaii or the Council , with u casting vote in
i a*e ot equal U H i s i o n .

•:; . The G o v e r n o r shall convene the fi rst session of 'each
Legi slative Council .
4. Subject to the provisions of article 22 of this Statute,
.subsequent sessions of tiie Legislative Council shall be convened
m accordance- w i t h the Star.,l ing
Orders of the Legislative
Council.
.' ,. Thp Governor may it any time Convene an extraordinary
session of t h p Legislative Council.
G. Subject to the provisions of article 22 "of this Statute,
the Co ver nor shall convene an extraordinary
session of the
Legi slative- tbiu n. .1 upon the request of not less than a simple
m a j o r i t y of its membe rs.
7. A s i m p l e m a j o r i t y of the members of the Legislative
Council provide d for by paragraph 2 of article 20 of thi.o
S t a t u t e .shall t u r m a quorum .
». Decisions of t h e Legislative Council shall be taken by a
simple majority of those present and voting. Members w'a o
abstain from voting shall rio t be counted as voting.
The provisions ot these paragraphs have already been eoriimemtnj upon .
H h . t h . r the ordinary principle* of democratic
election be retained or not , the practical provi -Oons would he that
one-thaif of the members i- oul d move the tUuvcrnur to conven e an
<-ttiruordinar > session ol the Legislative Council and form a
quorum , and that w henever the Council is equally di\ririe« l , the
casting vote should decide the balance,

ART . :J « — IMMUNIT Y OF MEMBERS OF
TIIE LEGISLATIVE OOl N( IL
1. No member of the Legislative Council shall be liable to
any judicial or a d m i n i s t r a t i v e penalty, or be called to account
in any other way outside the Legislative Council , by reason of
a n y t h i n g w h i c h be may have uttered , or of any vote which he
may have cas t , in the course of his duties as a member of the
Legislative Council.
2. No member of the Legislative Council shall be liable
during hi.s term of office in criminal , administrative or disciplinary proceedings , nor shall he be deprived of his liberty,
w i t h o u t t h e permission of the Legislative Council: Provided thaihe may be apprehended in the act of c o m m i t t i n g a crime and
detained if his detention is or becomes .imperative in toe interests of j u s t i c e or in order to counteract the effect s of such
rr.me , but in a n y sm-h case hi.s apprehension shal l be reported
as soon as moy be practicabl e to the Legislative Council and
he shall be released w i t h o u t delay should tho Legislative Council
so request.
3. The prerogatives conferred upon the Legislative Council
by paragraph 2 of this article may be exercised by the Chairman
ol t h e Legislative Council at suoh
times a.s the Legislative
Council i.s not in session.
ART. 'il — JUDICIAL SYSTEM
1. There shall be established for the City ain independent
judicial system , i n c l u d i n g a Supre me
Court and such subo r d i n a t e and other Courts as the Supreme Court may deem
appropriate , and all such Courts shall have such jurisdic tion ,
w h e t h e r original or appellate or oath original and appellate, as
the .Supreme ( ' ourt shall determine .
2. Ali i n h a b i t a n t s of the City
shall be subject to the
jurisdiction oi i h e City, subject u> an y i m m u n i t y
for which
provision is made in t h i s S t a t u t e or may be made in the legislation of t h e City .
It would be better to nse the expression "all persons in " in
lieu of ' .til inhabitants of , " as was done in Art . 8, Paras . 1
a nd 3 . The presen t legisl ation (Art . SH of the Palestine Orderin Cou ncil reads: "T lie. < i > ii Courts ...... shall
exercise
j urisdiction in all matters and over all persons in Palestine.
/' ,. Tbe Supreme Court shall consist of suoh number of
Judges , not being less than three or more than five .as the
Trusteeship Council may determine, of whom one shall be
Presiden t of the Supreme Court and
shall be styled Chief
Justice. They shall be appointed by, and their appointments
shall be terminated only by, the Trusteeship Council.
If it is the intention of this paragraph that all the Judges »f
the Supreme Court should be appointed by the Trusteeship Council
Irom o u t s i d e the residents of Palestine, then the al ready existing :
contact bet ween higher members of the Judiciary and the population would he greatly reduced .
Since the Mandate the Supreme
Court of Palestine is usually so composed t hat a part of the bench
is fully acquainted w i t h the local languages , customs and m i l i e u
in genera l . it i.s true that by special request one couiil get the
Court composed of liriti»h judges only, but the ordinary composition was a presiding Briti.sh judge sitting together with a
.lew and an Arab . It is submitted that at least the present position
uu K lit to lie maintained , and onl y the Chief Justice appointed by
ffie Trusteeship Council while the others should be local judges,
appointed b .\ the < bid Justice in consultation with the Governor.
If the intention of the paragraph is merely that the authority
of the Supreme ( ourt Judges should spring from the Trusteeship< o iifitil , then this increased prestige could only be welcomed . Any
intended l i m i t a t i o n as to non-eligibility of residents of the Cit y or
nationals ot the Arab State or .Jewish State , would t«iien dearly
appl .v lo tbe Chief Justice only.

•l. S u b j e c t to thc objectives of the United Nations and
to Social evolution in the City, the existing status and jurisdiction ol religious courts :in the City shall be resp ected. The
Supreme Court shall a r b i t r a t e in any conflicts betwee n relig ious courts.

It is apprehended t hat the provisions of this paragraph may
be insufficient to test the Kelinioiis Courts with the necessa ry
jurisdiction . There is no doubt t hat all the Reli gious communities
would ask for a continued ex istence Of the Religious Court s in one
s> stein t h r o u g h o u t it,, , (three territories , with an Appeal to a Court
«t A ppeal in Jerusalem or elsewhere . It would be extremely useful
were provisions made:
*> defining the .juri sdiction of the Religiou s Courts . Insofar
a«i the Kabbinical Courts are concerned , <he desirable definition is that t hey shal l have e x c l u s i v e jurisdiction in all
mutters of personal status ol Jews and in all cases concernin g the c o n s t i t u t i o n or internal administration of a
U .1I1 I or relig ious endowment constituted before the Kabbinical Court according to Jewish Law , and also of a
Wakf const ituted d u r i n g the Turkish Kegime by .lews for
the benefit of .lews before a Sharia' Court .
b) declaring (hat the Civil Court s will enforce the Judgments
of the K e l i t b o u s Courts by the process and offices of the
Civil Court s.
c) stating that recognition will be given to any right of
appeal from a Iteli gious Court outside the City or f rom
a Reli gious Court w i t h i n tlie City to a Religious Court of
Superior Jurisdiction , situated either within or outside
the City .
This w o u l d also require a definition of "matters of personal
Tlie existing definition is as follows:
status " in Art . 40 .
"Suits regarding marriage or divorce , alimony, maintenance,
guardianslhip, legitimation and adoption of minors, inhibition
from dealing w i t h propert> of person* w*ho are legally Incompetent , successions , wills and legacies, and the administration of the property of absent persons."
Further , provision seems to be necessary for the constitution
of a Special Tribu nal , to be composed of two judges of the
Supreme ( ourt and tbe Superior Judge of tlie Religious Court
concerned , to decide v benever a question arises as to whet her
or not a case, is one of personal status withi n the exclusive, jurisdiction of a R e l i g i o u s Court . Power might also be given to the
Chie t Justice to decide which Keli gious Court shal l have jurisdiction where any action of personal status involves persons Of different r e l i g i o u s communities .
Finall y, provision might be made for the reciprocal Knforeomen t ol Jud gments as between Jerusalem and the Jewish Stat e
on the one hand , and Jerusalem and the Ara b Stata on the other ,
and for the e x t r a d i t i o n of offender * as between the three
territories .

b . Decisions by the Supreme Court shall be by a majority
of its members ; .P rovid ed that , if in any case the opinion of
the Court be e q u a l l y divided , t h e opin ion of t h e Chief Justice
ehal ) prevail.
(0. The Suprem e ' Court may assist the Governor and the
Legislative Council in the preparation and codification ' of the
legislati on , especially in regard to civii l matters.)
The proposed paragraph doew not appea r to he necessary .
This l i m i t s tlie |M, V. cr of the Governor to tlie adoption of such
amendments «.nl > as "have been mo'v ed or proposed in the Council or in anv t ommittee thereof ," but. would etc hide amendments
hu'ggcsled hv an> other p u h l i c discussion , in the Press , or merely
m e n t i o n e d d u r i n g debate or criticism in the Council . It is sngjf esfed that the l i m i t a t i o n may be u nnecessary.

AKT. !iX — CONSTITU TIONALITY OF
LEGISLATION A N D OFFICIAL A ( TIONS
1. Tn cases brought before the Courts of the City this Statute
shall prevail over any legislation or official action. The Supreme
Court shall have original and appellate jurisdiction in all cases
involving claims that such .legislation or action is incom patible
with the provisions of this Statute.
The reference to the original and appellate jurisdiction of
the Supreme Court is somewhat confusing, and it might be preferable to make clear provision as to the jurisdiction of the
Supreme Court sittin g as a High Court of Justice and hearing
petitions and writs in the nature of mandamus or habeas corpus
Questions as to the const - t IM ormlity of legislation
proceedings .
ian of course also arise in the course of any proceedings before
a Court of Trial , whoso decision would be subject to appea l , so
that tthe Supreme Court in its appellate j u r i s d i c t i o n would be
called upon to give a final decision .

2. In any case in which thc Court decides that any legislation or official action is incompatible with the provisions o: this
Statute, it shall transmit the complete record of the proceedings
to the Governor. Should legislation enacted by the Legislative
Council be the subject of any such case, the Governor shall
t r a n s m i t the complete record of *he proceedings to the Legislative Council . Thereupon the Governor either shall cause such
legislation to be repealed , or suoh official action to cease, or
shall transmit the complete record of the proceedings to the
Trustee ,hip Council; in which case such legislation or official
action s h a l l r e m a i n in force , subject to subsequent legislation ,
u n t i l siicb t i m e as t h e T r u s t e e s h i p Council may have upheld the
d e r i -b ' i n of t b e Court.

This paragraph only mentions "freedom of transit through the
t^ity, " but o m i t s to .Tu-nii.in i reedom | enter and visit the c i t y .
Transit implies the passage to anolheir destination , w h i l e p i l g r i m s
and visitors ought also to be secure t l the freedom to enter and
visit the ( ity e v e n if Ibis be the final destination ol their p i l i g r i m BJ|<» or visit .
()

1. Subject only to the requirement s of public order , security
and public health , and to the requircrmeros of economic welf are
as may be det ermined from time 1.0 ti me by the Governor u n d e r
Instructions of the Trusteeship Courncil , .residents and citiz ens
of the Arab Straf e and J ewish State slhall at all times be free to
enter, visi t , reside in and leave tho <City.
3. Immigration into the City by nationals of other States,
and their residence w i t h i n its borders , shall be controlled by
order of the Governor under Instructions of the Trusteeship
Council. An order of the Governor under this paragraph may be
amended , varied or res cinded by a subsequen t order under the
paragraph , but , subject thereto , shall have effect n o t w i t h s t a n d ing a n y t h i n g ito the contrary in any law iin force in the City,
whether the law came into force before or a f t e r the order.
ART. 30 — OFFICIAL ANI> \\ O'RKI fVC LANGUAGES
Arabic and Hebrew shall be ihe- .official languages of the
City. Knglish and French shall be recognized a.s ladditiona l
working languages, and shall be use<d on t h e basis of absolute
equality 'in the a d m i n i s t r a t i o n of t h e City.
It is suggested that the second "shall" in the second line
ml g.lit be replaced by "tmay, " as thi pi use of the workin g langu ages is not peremptory but permis sive .
ART. 81 — E DU C A T IO N A L SYSTEM AND CULTURAL
AND BENEVOLENT I NJSTITl TIONS
shalLl be directed to the full
1. Education dn the City
physi cal, intellectual , moral and spiritual development of the
h uma n personality, to the strengthen ing of respect for h u m a n
rights and fundamental freedoms amd to the combating of the
spirit of (intolerance and hatred ag.aimst other nations or racial
or religious groups.
2. There shall be maintained in tih e City an adequat e system
of primary and secondary education on an equitable basis for
the Arab communi ty and for the. Jiewish community in their
respective languages and in accordance with thei r respective
cultural traditions.
The word s "on an equitable ba sis" may lead to misunderstanding and to contentions as to the allocation of the Educational
Some; 40 ,000 rural or semi -i-urat inhabitants have been
Budget .
added to Jerusalem, nearly all of t h e m \rnt>s , and the provision
or secondary education "on an equitable basis for the Arrsb community and the Jewish community, '' .may raise complicated issues.
ir the words "on an Equitable basis*" are omitted , there is still
the provision for "an adequate sv ^fc - m " to guide the administration of the City.

3. Subject to such educational requirements of a general
nature as the legislation of the Ci ty may impose, and to the
special objectives recited in the P r e a m b l e to this Statute, the
right of any community or of any specific group w i t h i n any
community, to m a i n t a i n its own i n s t i t u t i o n s for the education
of its own members in its own language shall not be denied
or impaired.
The right of any community to imaintain its own educational
institutions has been made subjec t allso to "tlie special objectives
recited in the Preamble to this Statm te. " This limitation is not
contained in Para.. <; (page Ti of t ihe Plan ) and might lead to
>or would
interference wit h the freedom granted by the I'lan .
there appear to be any reason for u change in t lie wordin g of
regard
the Plan In this
.
Thi s paragraph would meet the regalities of the present position
if it wfTe to provide that "any snob community or specifi c group
shall be entitled to a grant-in-aid imit ot the educational budget
of the City proportionate to the nmmber of children tau gh t in
any such institution. " The use or the word •• children " in this
provision would be an answer to amy contention that the provision might lead to a claim for th«e support ot a university or
any other institution of higher edmcation out of the ordinary
ed ucational budget of the City .

4. Foreign educational establishments shall be permitted
in accordance with the legislation oif the City: Provided that
existing righ ts shall continue unimpaired.
5. Educational and cultura l establishments, charitable institutions and hospitals, other than those mentioned in paragraph 6 of article 36 of this Statute , rshall be exempt from taxation so far as may be possible .
ART. 32 — ECONOMIC MATTERS
1. The City shal l be included within the Economic Union of
Palestine provided for in Part I, Section D of the Plan , and
shall be bound by all stipulations oif , and all treaties entered
into by, the Economic Union , as well as by decisions of the Joint
Economic Board contemplated in the Plan.
2. In so far as may be consist ent with the Economi c Union ,
the City may operate its own central bank , may control its own
fiscal and credit policy, its foreign exchange receipts and expenditures and the grant of import licences , and may conduct
international financial operations on its own faith and credit.
It is suggested that this paragraph might conclude with a reference to Con sular offices abroad beiing authorized to grant freedom of entry into Ibe City with r i g h t of transit throu gh t'h e
Jewish State and the Arab State .
3. All economic aut h o r i t y not sp ecifically vested in the Joint
Economic Board shall be reserved to the City.
It Is suggested that between Parais , 3 and +, a paragraph may
he inserted to the effect that all <*\ isting registrations of Trade
Marks , Designs and Patents and all future such registrations in
the Jewish State or A rab State shall be e f f e c t i v e for the City of
Jerusalem.

4. The legislat ion of the City shml l safeguard the ri gh ts and
interests of the i n h a b i t a n t s of the (City and , subject to such
legislation , the City shall regulat e aill economic , industrial and
within the regime of the
commercial matters not falling
Economic Union on the basis of equal treatment and nondiscrimination for all Members of tih e United Nations, their
nationals and companies or associations controlled by thei r nationals; and the same rights shall be ensured to nationals of all
Sta tes Members of the United Nathons in respect of freedom
of transit and navigation by air , acquisition of property both
movable and immovable , protection of person and property and
the exercise of professions and trades.
5. Commercial concessions, or concessions in respect of
public services, granted in the City prior to 29 November 1947
shall continue to be valid according to their terms, unless modified by agreement between the concession holder and the City.
ART. 33 — BUDGET
1. The Governor shall be responsible for the preparation
of the annua l and supplementary budgets of the City ; and only
the Governor shall introduce budge ts; in the Legislative Council.
2. The financial provision madte by the Governor in the
budgets for the maintenance of the s pecial police force provided
for in paragraph 4 of article 5 of this Statute shall not be reduced by the Legislative Council . In addition , the Trusteeship
Council may determine other services for which the f i n a n c i a l
provision made by the Governor in t h e budgets shall not be reduced by the Legislative Council.
ART. 34 — LOCAL AUTONOMY
1. Existing municipalities , townships and villages, and such
new autonomous units as may be cre;ated in the City on the rewith the approval of the
commendations of the Governor
Trusteeship Council, shall enjoy wide powers of local government & n d admi nistration in accordance with the provisions of
this Statute.
As no townships exist now in thie City, hut local Councils do,
it might he proper to replace the f'orrmer term by the latter .
2. The Governor shall study, amd submit for the consideration and decision of the Trusteeshii p Council , a plan for the
establishment of special town units consisting, respectively, of
the Arab and Jewish sections of new Jerusalem. *) The new town
units shall continue to form part of the present municipality of
Jerusalem , subject to such modificat ions of the boundaries of
the municipality ias may be made ffrom time to time.
• A proposal was in tide to the Connuntlee that the f o l l o w i n g sentence s h o u l d he inserted at t h i s po,in ( : "The Governor may aiso
t h e l i m i t s of t lie
organize one or more mixed see l 'nuns Wirliiti
Cit ,n."
Ior the sake of lucidity, it wo uld also he useful to insert
the words "together with the Old City, " bet wee n "form " and
"part . "

0. Plans approved by the Trusteeship Council in accordance
with the provisions of paragraph 2 of this article shall not b p
subsequently altered or amended exctept with the approval of the
Trusteeship Council.
ART. 35 — EXTERNAL AFFAIR S
1. Subject to the provisions of tthis Statute, and to any Instructions of the Trusteeship Council ,, the Governor shall conduct
the external affairs of the City.
2. The Trusteeship Council , and the Governor to the extent
that he is given general or special authority so to do by the
Trusteeship Council , shall make ar rangements by means of
special international agreements or otherwise for the protection
abroad of the interests of the City and of its citizens.
3. The Governor shall accredit irepresentatives to the Arab
State and to the Jewish State for th<e protection of thc interests
of the City and its citizens in those States.
4. Representatives of the Arabi Slate and of the Jewish
State, charged with the protection of the interests of the respective States and Of their citizens in connection
with the
international administration of the 'City, may be accredited to
the Governor. Representatives may be accredited to the Governor by any other State if he so permits . All such representatives shal l enjoy privileges and i m m u n i t ie s no less than those
accorded on 29 November 1947 to the representatives in Palestine
of foreign powers.
5. The Governor, on behalf of tih e City, may si gn treaties
which are consistent with this Statute and with the regime of
Keonomic TTr on provided for in the Plan.
6, The G vernor shall adhere on behalf of the Citv to the

special objectives recited in the Preamble to this Statute.
7. The Governor shall consult with the Legislative Council
on such i n t e r n a t i o n a l u n d e r t a k i n g s before they are entered into .
Such i n t e r n a t i o n a l u n d e rt a k i n g s entered into by the Governor
shall be subject to ratification by the Trusteeship Council , unless
the T r u s t e e s h i p Council should decide otherwise in any p a r t i cular case of class of cases.
8. To the e x t e nt t h a t they may be applicable ito it , the City
shall be bound by all i n t e r n a t i o n a l un dertakings , both general
and sp ecial , to which Palestine has become a party. Subject to
a n y rj ;'lu of d e n u n c i a t i o n provided for therein , such intern a t i o n a l u n d e r t a k i n g s shall be respected by the City throughout
the period for which they were concluded.
9. Any dispute about ihe applicability and continued validity
of any such international u n d e r t a k i n g s shall be referred to tir e
T r u s t e e s h i p Council , which shall thereupon refer it to the Int e r n a t i o n a l Court of Justice for an advisory opinion in accordance w i t h the pr ovisions of the Statute of the Court.
Kb Tlie i m m u n i t i e s attached to the immovable property situated in the City of foreign powers shall be no less than those
in force in Palestine on 2'J November 1947.
A rt. 30 — Holy Places, Religious Buildings and Sites
Within tlie City
1. The protection of the Holy Places, Reli gious Buildings
and Sites w i t h i n the City shall be the special concern of the
Governor.
2. If any question arises as to whether any place, building
or site not h i t h e r t o regarded as a Holy Place , relig ious buildmg
or site shall be a Holy Place, religious building or site for the
purposes of this Statute, the Governor shall decide the same.
For the purpose of deciding any suctt—question, the Governor
may be assisted by a Committee of Enquiry.
3. If any dispute arises between any religious communities
or within any religious community in connection with any Holy
Place , reli gious building or site , the Governor shall decide the
same on 'the basis of existing ri ghts. For the purpose of deciding any such dispute , the Governor may be assisted by a
Committee of Enquiry. He may also, if he shall think fit , be
assisted by a consultative council of representatives of different
denominati ons acting in an advisory capacity.
4. A decision of the Governor under paragraphs 2 or 3 of
this Article shall not be called in question in any court. No
court shall have jurisdiction to determine .any such question
a.s is mentioned in the said paragraphs, and , if any such questions shall arise in any proceeding in any court , the court shall
refer the same to the Governor for decision.
5. If at any time it appears to the Governor that any Holy
Place , religious b u i l d i n g or site is in need of urgent repair , he
may call upon the c o m m u n i t y or denomination or section of
the community concerned to carry out such repair. If the
repai r is not carried out , or is not completed within a reasonable time, the Governor may himself carry out or complete the
repai r and his expenses of so doing shall be a charge of the
revenues of the City but may be recovered from the c o m m u n i t y
or denomination or section of the community concerned , subject
to existing rights.
6. No form of taxation shall be levied in respect of any Hol y
Place, religious b u i l d i n g or site which was exempt from taxation of that form on 29 N ovember 1947. No change in the incidence ot any form of taxation shall be made which would
either discriminate between the owners or occupiers of Holy
Places , religious buildings and sites or would place such owners
or occupiers in a position less favourable in relation to the
general incidence of that form of taxation than existed on 29
November 1947.
7. The Governor shall ensure by order th at :
(a) decisions of the Governor under paragraphs 2 and 3 of
this article are carried into effoct and provision is made for
the method of recovery of sums recoverable by virtue of paragraph 5 of this article;
t b ) existing rights in respect of Holy Places, reli gious buildings and sites are not denied or impaired ;
tc ) subject always to the requirements of public order , decorum and public health , free access to the Holy Places, religious buildings and sites and free exercise of worship therein are secured in conformity with existing rights, and that ,
for this purpose , freedom of transi t through the City shall be
ensured to all foreign pilgrims and visitors without any distinction as to nationality ;
(d ) the Holy Places, religious buildings and sites are preserved ;
(e) no act is committed which may in any way impair the
eacred character of the Holy Places, religious buildings or
sites ;
( f ) generaly that the provisions of this article, and the special objectives of the United Nations recited in the preamble
•to this Statute insofar as the relate to the Holy Places, religious buildings and sites , are carried into effect.
8. An order under paragraph 7 of this article may contain
penal provisions.
9. An order under paragraph 7 of this article may be
amended , varied or rescinded by a subsequent order under the
paragraph , but , subject thereto , shall have effect notwithstanding a n y t h i n g to the contrary in any law in force in the City,
whether the law came into force before or come into force
after the order.
10. The Governor shall transmit a copy of every order made
under paragraph 7 of this article to the Trusteeship Council
as soon as practicable and the Trusteeship Council may give
such Instructions to the Governor in relation thereto as it may
t h i n k fit.

eorda 'nce with the recommendations of the General Assemoiy.
fi . The Governor shall i n f o r m the Trusteeship Council if
his competence to decide disputes arising between the various
communities or the denominations of one community about
their rights as regards Holy Places, religion * buildings and
sites , is contested , or if his recommendations are not carried
out , or if he shall not receive full cooperation from the State
or States concerned or if he is not granted the necessary privileges and i m m u n i t i e s to carry out his duties.
It is suje erested that the wording used in Art . 30, Para. 5.
(community or denomination or section ol" the community) ini^bt
be used in this paragraph , as being more lucid and comprehensive.

Art . 38 — Protection of Antiquities
The legislation of the City shall provide for the protection
of the antiquities of the City of Jerusalem.
Art. 39 — Entry into Force of the Statute
This Statute shall come i nto force two months after the
evacuation of the armed forces of the Mandatory Power h a.s
been completed , but in .any case not later than 1 October 19IS .

Art . 40 — Reexamination of the Statute

1. This Statute shall r emain in lorce in the first instance
for a period of ten years, unless the Trusteeship Council shall
find it necessary to undertake a re-examination of its provisions
at an earlier date , in which case the Trusteeship Council shall
make such modifications of its provisions shall seem necessary.
2. At the end of the ten-year period denoted in paragraph 1
of this article the whole Statute shall be subject to re-examination by the Trusteeship Council in the li ght of the experience
acquired with its functioning. The residents of the City shall
then be free to express by means of a referendum thei r wishes
as to possible m odifications of the reg ime of the City.
Art. 41 — Transitory Provision s
Thc provisions of articles 42, 43 and 44 of this Statute shall
have effect n otwithstanding a n y t h i ng to the contrary contained
in this Statute.

Art. 42 — Continuity of Existing Legislation

*

•All legislation in force in Palestine on the day preceding the
entry into force of this Statute , in so far as it is applicable to
the City on that day and is not inconsistent with the provision s
of this Statute, shall continue to apply to the City, with such
modifications as may be required by reason of the setting up
of the City in accordance with this Statute, until such time as
it may be amended or revoked by other legislation of the City.
The crucial date mentioned in this Article ("the day preced ing: the entry into force of this Stat ute ") may {rive rise to some
constitutional difficulties in respect of the period between the
termination of tbe Mandate and the coming: info force of the
Statute . It would be safer to take the date of the termination of
t.he Mandate as the crucial date . The Article miy ht conclude w i t h
a provision that all references in any statute fo the Iliffh Commissioner for Palestine or to the I i istrict Commissioner of .Jerusalem shall be read as if the Governor is substituted for these
t erms
Tor the sake of avoiding doubts , it would he helpful to mahe
clear provision that the (Governor may legislate by order for IhtCommissions or
establishment of temporary Court s, Municipal
Councils or any other central or loca l authority, and define their
juris diction and power . The .Jerusalem Munici pal Commission , now
consisting of Itriti sh officials , may disappear upon the Brit ish
withdrawal , and the vacuum would require temporary filling .

Art. 43 — First Elections to the Legislative Council
1. The first elections of members to the Legislative Counci l
shal l be held as soon after the entry into force of this Statute
as the Governor shall deem appropriate.
2. The first elections to the Legislative Council shall be conducted in such manner as shall be provided by order of I h e
Governor in accordance with article 24 of this Statute.
It would be helpful if it is made clear whether the Governor
shal l be bound by the provisions ol Articles :iO and :jl (in their
eventual final form), or shall (have complete liberty to I'iv aye ,
number of members, system of election , ctr . Tlie fi rst alternative
being the more reasonable one , provision might be made for the
Governor 's taking cognizance of these provisions .

Art. 44 — Capitulations

1. States whose nationals have n the past enjoyed in the
City the privileges and immunities of foreigners , including the
benefits of consular jurisdiction and protection as formerly enjoyed by capitulation or usage in the Ottoman Empire , shall
be invited to renounce , if they have not already renounced , any
right pertaining to them to the re-establishment of such privileges and immunities in the City.
2. The provisions of paragraph 2 of article 27 of this Statute
shall be modified to the extent that such privileges and immunities are not renounced.
Art. 45 — Interpretation
In this Statute unless the contrary is stated or the context
otherwise requires:
(a) "Arab State" and "Jewish State" mean the Arab State
and Jewish State respectively for which provision is made
in the Plan;
"Governor " means the Governor of the City, and includes,
to the extent of his authority, any officer authorized by or in
pursuance of this Statute to perform the functions of the
Governor ;
"Instruction s of the Trusteeship Council" means any instructions , w h e t h e r of a general or special character , which are
given by the Trusteeship Council in relation to the applica tion of this Statute ;
(b ) words i m p o r t i n g the plural or singular may be construed
as referring to one person or m a t t e r or to more than one
person or m a t t e r ;
(c) when a duty is imposed or a power is conferred , the duty
shall be performed and the power may be exercised from time
to time as occasion requires;
( d ) when a power is conferred to make any order , or to enact
any legislation or to give any instruction or direction , the
Art. 37 — Responsibilities of the Governor for Holy
power shall be construed as i n c l u d i n g a power to rescind ,
Places, Religious Buildin gs and Sites in the Arab
repeal, amend or vary the order , legislation, instruction or
State and Jewish State
direction ;
1. In accordance w i t h the Plan , the Governor shall determine
In view of the provisions of this sub . paragraph , fhe special
whether the provisions of the constitutions of the Arab State
powers to amend , vary and rescind mentioned in Art . :l<) , I' ara.
and Jewish State in relation to the Holy Places, religious build?, , and in Art. I 'M , I'ara . !) , seem to be s u p e r f l u o u s ,
ings and sites, within the borders of those States, and the
(c ) when a duty is imposed or a power is conferred on the
religious rights thereto appertain.ng, are being properly applied
holder of an office , the duty shall be performed and the
and respected.
power may be exercised by the holder of the office or by a
2. The Governor shall receive full cooperation and such
person duly appointed to act for him.
privileges and immunities as are necessary for the exercise of
FINANCIAL, PROVISIONS :
his functions in each State.
It is submitted that the Statute ought to provide that tthe
salaries of the (Jovernor , the Chief Secretary, the Chief Justice ,
3. The Governor shall negotiate with the two States in order
and the cost of the Special Police Force should be provided by
to establish a permanent body, of which his representatives
tbe Trusteeship Council . It would be htirdnnsome for the ( ity to
should be members , to supervise the Holy Places, religr ous
defray the cost of these international provisions , calculated to
buildings and sites.
ensure to the City its international character

BARCLAYS BANK (DOMINION. COLONIAL AND OVERSEAS)
BALANCE SHEET, SEPTEMBER 30, 1947

LIABILITIES.
£
s
Current, Deposit and other Accounts, including Reserves for Taxation iand Contingencies and Balance of Profit and Loss 356,941 ,570 2
Notes in Circulation
fil 8 ,878 0
Acceptances and other Liabilities on account
of Customers
27,831,018 18
CAPITAL :~
Authorised —
7,228,500 "A" Shares of f l £7,228,500 0 0
000,000 "Ii " Shares of io
2,.r>00,DuO 0 0
jj Balance divisible i nto such
Shares as the Directors
|
I may d e t e r m i n e

d

7,121,500 0 0
7,569,000 0 0

A S S E T S .
£
s d
%
Cash in hand and with Bankers , and Gold
Bullion
112,598,459 19 8
Money at Call and Short Notice
5,600,000 0 0
Remittances in Transit
5,000,560 0 0
Bills Discounted
53,959,300 19 2
Investments :—
Securities of the British ,
Dominion and Colonial Governments (including Securities lodged with the Crown
Agents for the Colonies as
security for Note Issue , and
with others)
£111,044 962 14 11
Other Investments
2,652,411 8 7
___ 113,697,374 3 6
Barclays Overseas Development Corporation Ltd.—100,000 "A" Shares of £10
each , fully paid , at cost less amounts
written off
1,000,000 0 0
Advances to Customers and other Accounts 77.009,784 10 7
Liability of Customers for Acceptances, etc. 27.831,018 18 8
Bank Premises at cost less amounts written
off
3,385,468 15 9

7 4

£400,081,967 7 4

2
6
8

£9 ,728 ,500 0 0
271,500 0 0

£10,000,000 0 0
-I
i Issued —
1 6,621,500 "A" Shares of f l
, fully paid , converted i n f o
\ Stock
6,621,500 0 0
500,000 "B" Shares of £5
each , £1 paid
500,000 0 0
Reserve Fund ...
,
JT1GTAN S. CROSSLEY, Chairman.
W. O. STEVENSON, Director.

£400,081,967

A. T. DUDLEY
W. M. MILNE ,

[ n~
„„i ivf„^
General
Managers.
J

;

A. R. BOTF 1WELL, Chief Accountant.

ALAN GRAVE > lS eivtary

AUDITORS' REPORT

oks, accounts and vouchers at the Head Office and at certain Branches
We have examined the above Balance Sheet with the looks
avt examined , or s a t i s f i e d ourselves of I h e existence of , the securities.
and w i t h t lie returns from the other Branches and we 1 live
lave
i required and in our opinion and to the best of our knowledge and
AVe liave obtained all the infer mation and explanations we Ii.iv
thi securi t ies ami all records of the Ba: k are properly and safely
(b)
the
lieli ft' (a)
proper books and ay- omits have been kept ;
|uate and its inst ructions to its employees hv its Branches have been
preserved ; (c) Ihe control of the Bank over its Branches is adequa
ti] so as to exhibit a true and correct view of the s l a t e of the Bank O s
pro] *rly carried out ; (d) the Balance Sheet is properly drawn up
knn o w l e d g e and information and the explanations given to us a'nd a.s
la ff a i r s ' at September 30, 1047 , according Oo the best of our k
slxi\ m by the books and records examined by us .
1
PEAT, MAR-WICK, MITCHELL & CO..
LOND ON , December 1 , 1947.

DELOTTTK. B L K X D K R , G R I F F I T H S & CO., (
COO PER B R O T I 1 K R S & CO .,
(
I
PRICK , W.VrER .Ilor SE & CO.,

Auditors


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