حدائق التمر المملوكة لشيوخ الكويت والمحمرة في العراق. نطاق الالتزامات الممنوحة من حكومة بريطانيا في ١٩١٤. قضية مقدّمة لمعرفة رأي المسؤولين القانونيين الملكيين ورأي ت. و. هـ. إنسكيب و ب. ب. ميريمان، إدارة المسؤولين القانونيين، ٢٩ مارس ١٩٣٣ وتشمل حدائق التمر المملوكة لشيوخ الكويت والمحمرة في العراق. ملخص تاريخي [غير مؤرّخ] [و‎‎٢] (٧٠/٣)

The Date Gardens in Iraq of the
Sheikhs of Koweit and Mohammerah
Scope of undertakings given by h. M. Government
in 1914
CASE FOR THE OPINION OF THE LAW
OFFICERS OF THE CROWN AND
OPINION THEREON
1. This case raises certain questions respecting the nature and
scope of undertakings given by His Majesty s Government in 1914
to the Sheikhs of Koweit and Mohammerah (documents 1 and 2 in
the Appendix, pp. 8 and 9), upon which the Treasury desire to have
the opinion of the Law Officers.
2. Certain aspects of the problems raised by these under
takings were submitted to the Law Officers in May, 1930, by the
Colonial Office. The questions then submitted related in the main
to issues which had arisen as between His Majesty's Government
and the Iraqi Government.
The question which now .falls to be considered is whether in
the circumstances hereinafter described any legal obligation rests-
on His Majesty's Government vis-a-vis the Sheikhs themselves.
3. The circumstances in which the undertakings in question
came to be given can, so far as they are relevant to the present
question, be stated shortly as follows :—
4. In 1914 His Majesty's Government were desirous of obtain
ing the assistance of the Sheikhs of Koweit and Mohammerah
against Turkey, and letters were accordingly addressed to them by
the Resident and Consul-General in the Persian Gulf, in which the
nature of the assistance desired was indicated and certain promises
were made in return. The letters, documents 1 and 2 in the Appen
dix, were in different terms but for present purposes it is necessary
only to quote the following extracts. In the letter to the Sheikh of
Koweit dated 3rd November, 1914, the following passage occurs-
" Furthermore I make to you, on behalf of the British
Government, certain promises concerning Your Excellency
personally, viz. :—
" (1) That your gardens which are now in your
possession viz. the date gardens situate between Fao
and Qurnah shall remain in your possession and in
possession of your descendants without being subject
to the payment of taxes or imposts."
In the letter to the Sheikh of Mohammerah dated 21st Novem
ber, 1914, it was stated :—
" Further the date gardens which you now possess on
the Turkish side of the Shatt-el-Arab shall remain in full
possession of you and your heirs and immune from taxa
tion." . , r
The reason why a variant of the expression '' immune from
taxation " appears in the letter to the Sheikh of Koweit is explained
in paragraph 13 below.
A
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