مجموعة ٢٠/ ٣ (٢) "مسقط: العلاقات مع الحكومة البريطانية؛ مراجعة المعاهدة التجارية" [و‎‎٥‎٤] (١٣٢٤/١١٢)

a treaty whieh has now been settled with the foreign party vrtien
we had had no previous notice that they wished the practice
to be discontinued. The Dominions Office in Mr. dhannan* s
letter to Mr. Gibson, Inaia Office, (paragraph 3) in E 1520
stated that these clauses should be included in this treaty.
In the second paragraph of his letter, Mr. te Water refers
to the understanding arrived at in 1937 regarding the respective
spheres of action of the several Governments of His Majesty in
respect of nationals and the interests of nationals of each member
of the Commonwealth. It is presumed that this is a reference to
the report on nationality drawn up at the Imperial Conference of
1937 ana the discussion at that conference with regard to the
A
exercise of exterritorial jurisdiction. There is nothing (so
far as I am aware) in any of these discussions to indicate that
the Union w vemment desired the termination of the practice
approved in 1930 with regard to the conclusion of tx^eaties
Swlgu.lt ting benefits for British subjects etc. belonging to all
parts of the Commonwealth. The discussions with regard to
exterritorial jurisdiction brought out the points that where a
court maintained by the United Kingdom in a country where His
la jesty exercises jurisdiction inter alia over British subjects
who are nationals of the Dominions this must be deemed in modern
conditions to be with the consent and wish of the Governments
of the Dominions; that if they wished their nationals to be
P
excluded from the jurisdiction of the court this could be done:
and further in the case of the Union a new Order In Council
providing for such jurisdiction over all British subjects would
either contain a recital that the Union Government had assented
and requested the making of the Order; (a draft recital on this
basis was actually drawn up for use in Egypt in the following
terms:/
x The papers with*rTgar<Tto extraterritorial jurisdiction are
T 9370, 10575, 11472 of 1937 and 235, 1563 of 1936.
/ see the end of paragraph 3 of the memorandum in I 105^5.