'File 35/86 I A 32 Muscat Commercial Treaty, 1891: revision of 1905' [‎130v] (264/480)

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The proceedings and final decision in such a case
shall not, however, be considered legal, unless
notice has been given and an opportunity afforded
for the British Consul or his substitute to attend
at the hearing and final decision.
Notes. (1) an obvious b lunder , but only re-
quires to be pointed out to be corrected.
(2) I am inclined to think that this should not
be entered in the treaty. Such a case must be
extr emely rare and action by the local authorities
could only be called for in some grave emergency,
•wh en 1 have no doubt the local officials could be tms-
te d to take immediate steps. If they really confined
the action proposed to friendly in tervention in
quarrels for the best interests of all, when no
British authority could intervene, they might be
confident that the British Government or officials
would not complain of their c onduct, and it would
do no har m that they should know that their con
duct was likely to be subject to careful scrutiny.
(3) slip o f the pen probably, but must be correc-
ted.
(4) bad Arabic drafting but meaning clear and
in accor dance with Treaty requirements. Easily
corrected .
(5 ) unnecessary ; such cases are never taken up
except at the in stance ot His Highness, who could
keep himself well informe d of all that goes on in
our Courts, where proceedings and final orders are
public. Ob jectionable only in so far as it means
an increase in office work, whioh could hardly be
dealt with b y present vernacular staff, consisting
of one ma n whose time is fully occupied.
Interpo lation must be due entirely to amour
pro pre " and, il the concession were granted, it is
extremel y doubtful, if advantage would be aken
of it. In Bahrain, where a similar privilege of
joint session and attendance is permitted, my ex
perie nce led me to the conclusion tbat attendance
was regarded as a wearisome co rvee. Such officials
as His Hi ghness could produce would understand
little of our procedure and know perfectly well that
justice is im partial and that, in ninety-nine case s
out of a hundred, there is nothing to complain oL
(6 ) The omission is important and must be
opposed, I understand that Consul seldom objects
but think he should have the power to do so in the
c ase of a notoriously corrupt or incompetent judge
Article XIV.
Subjects of His Highness the Sultan, or of any
non-Christian Power, not represented by a Consul
at Maskat^ who are in the regular service of
British subjects within the dominions of His
Highness the Sultan, shall enjoy the same privi
leges as British subjects themselves. Should they
be charged with having committed a crime or
serious offence, in_ which the lex talionis, according
to the traditio ns of of Shara' law is necessary (!) >
they shall, on sufficient evidence being shown to