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British Mandate: A Survey of Palestine: Volume I - Page 109

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British Mandate: A Survey of Palestine

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CHAPTER IV.

Palestine. This does not mean that the High Commissioner actually commands His Majesty's armed forces in the field; this command is exercised by the respective Commanders in consultation and co-operation with the High Commissioner and his Government. The High Commissioner for Palestine is also High Commissioner for Trans-Jordan.

3. The High Commissioner is assisted by an Executive Council (established by the 1922 Order in Council and given its constitution by the Royal Instructions) corresponding to a cabinet of senior officials. The Chief Secretary, Attorney-General and Financial Secretary are Executive Councilors ex officio; other personal appointments are made from time to time with the approval of the King. The High Commissioner is obliged by article XIII of the Roval Instructions to consult the Executive Council in all matters of moment and, statutorily, certain powers are exercisable by the High Commissioner in Council and not by the High Commissioner of his sole authority.

4. The 1922 Order in Council contemplated the establishment of a Legislative Council comprising elected representatives of the population. Two attempts were made-in 1922-23 and 1936--to introduce a legislative assembly but both failed for political reasons": the first because of objections by the Arabs, the second because of objections by the Jews. By the Palestine (Amendment) Order in Council, 1932, powers of legislation were conferred on the High Commissioner and the provisions regarding the election of a Legislative Council were replaced. Provision was made for the establishment of an Advisory Council, which the High Commissioner is bound to consult before the promulgation of any Ordinance. This is a wholly official body over which the High Commissioner presides. Its members are the Executive Councillors, the heads of major Government departments and the District Commissioners.

5. Legislation. There are certain Acts of Parliament of the United Kingdom which are applicable to Palestine. His Majesty the King in Council also has power to legislate for Palestine and, in addition to the Palestine Orders in Council 1922-1940 which have already been noticed, numerous other Orders in Council have been made of which particulars are given in the appendix mentioned in paragraph one. Among these Orders in Council are the Palestine Citizenship Orders in Council, the various Orders in Council applying to Palestine, the Emergency Powers (Defence) Acts of the
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* Command 1989 of 1923; Command 5119 of 1936. Vide also page 13, para. 23 and the two preceding sub-paragraphs of His Majesty's Government's report to the League of Nations for 1935. .;

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