'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎111r] (232/1904)

13
makes^it impossible to doubt Abdallatifs absolute concurrence in the agreement with
Mr. W onckhaus. The passages in the English translation which bear on the point are
the following:—
^ery good ; I hope it is auspicious. It will be good fortune after trouble. In
any case, our brother Abdullah must reach there to supervise the work, because I think
the operations cannot be regulated without him At any rate. I am glad to
hear this news5 if we are safe from this world's tricks more than before."
When the British Memorandum says: " Abdallatif comments upon the transaction
in guarded language," it is adopting an interpretation which entirely ignores the
passages just quoted, and gives disproportionate weight to the following sentence which
is in very general terms
' Please, however, refrain from entering upon any arrangements whatever in the
nature ot leases or deeds of contract from which there will arise difficulties and quarrels
which will lead to complaints and claims . . .
After all, any agreement may lead to difficulties and quarrels, which cannot be
foreseen. But even if we go so far as to see in this sentence a condition which
Aodaliatif wishes to attach to the consent which he has already given, the condition
that is, that the agreement must not be a kind of lease, it must be said that this
condition is completely fulfilled, for the agreement with Air. Wonckhaus is simply
a contract for delivery and not a lease contract.
It is not till about four months later that Abdallatif in a letter dated the 3rd October,
1906 (14 Shaban, 1324), begs Hassan Samaih to send him a copy of the agreement
with Wonckhaus (Annex 7 of first German Memorandum). The reason for this is not
that doubts have now suddenly arisen in Abdallatif's mind in regard to the agreement,
but simply that " the consul" would like to see the agreement.*
On the 16th December, 1906 (27 Shaval, 1324), Hassan Samaih complies with
this request (Annex 15 of British Memorandum).
On the 23rd January, 1907 (8 Dulhidje, 1324),t Abdallatif replies that his son Isa is
not satisfied with the agreement, because he was not asked his opinion and because he
fears that difficulties may arise from the business connection with foreigners. He also
reproaches Hassan Samaih for having exercised his own discretion in entering into the
engagement, whereas he surely ought not to have bound himself without consulting the
other partners. He goes on to say : '' It is better to try to cancel the agreement than
to do as he (the German) wishes. The fact that Abdallatif only blames the inde
pendent action of Hassan Samaih points to the conclusion that he does not dispute
the legal validity of the agreement, and this is made quite clear by a consideration of
that short passage in the letter which deals with the question what is to be done now.
Abdallatif simply advises that an attempt should be made to cancel the agreement.
The British Memorandum translates the passage in question as follows ;—
" The nullification of this agreement is better than its acceptance,"
and explains that the phrase "is better" is a euphemism, common in the Arabic
epistolary style, expressing a definite decision.
In view, however, of the two enclosed opinions,§ which, while differing in details, in
the result arrived at entirely support the view of the Imperial Government, the latter
must adhere to their contention that the meaning of the- passage in question can only
be that the attempt should be made to cancel But this assumes that the
agreement is legally valid. In giving this advice-, AbdallaUff himself admits that the
agreement has legal force. Furthermore, Abdallatif in his next letter, dated the
27th March, 1907 (12 Sefer, 1325),|| again admits that he originally, that is in his letter
of the 14th June, 1906 (21 Rebi II, 1324), concurred in the agreement. It is not easy to
* In the circumstances this can only mean the Brit Consul, with whom Abdallatif, as consular agent,
is officially connected. ' '
f Annex 36.
j It is noticeable that Abdallatif allows more than a month to pass—he received the letter on
December 21, 1906, as appears from the letter of March 27, 1907—before he sends the answer, whereas
previously when Hassan Samaih informed him of the conclusion of the agreement only three days elapsed
between the date of dispatch of this communication and the date on which he sent off his reply concurring.
Thus we evidently have not here a spontaneous decision of AbdfQlatif founded entirely on his examination of
the terms of the agreement.
§ Annexes 37 and 38.
(| Annex 39.
[2574 c—1] E