ملف ١٩٢٢/٥٢٢ الجزء ٢ "البحرين: ترتيبات جوازات السفر للمسافرين بين البحرين وبلاد فارس؛ وأوضاع البحرينيين في بلاد فارس" [و‎‎٩‎٠] (١٣٣٠/١٨٤)

CONFIDENTTAT.
India Office
B. 422.
P. 1632/30.
Exercise of Jurisdiction in Cases affecting Foreign SnW *
in Bahrein by the British Political AuthoSea
Jurisdiction over British Subjects
SKr"" W», -
subjects) may commit, or which may be .•''HI, ^ [ Bntlsh
reserved for the decisions of the British f”' i haU be
located at Bahrein shall fail to adjust them satisfactorily ’’ B ' h gellt
Jurisdiction in Cases affecting' Foreigners.
2. By the Agreement of 22nd TWemliai- iqqo it ,
Agreement of 13th March 1892, the Sheikh bound himself not to ^nterffito
any agreement or correspondence with any Governments other than H s
Majesty s Government; not to allow the Agents of such Governments to
reside withm ns territory without the assent of His Majesty’s Government •
and not to alienate, mortgage, or give for occupation any part of his
territories save to His Majesty s Government, ^ P
Responsibility for the protection of foreigners in Bahrein may be regarded
aiestv’s Governnmnt as a corollary to these twr
as having passed to His Majesty’s Government ««, „ wlwljary lo mese tw
Agi eeinents. But the question of jurisdiction does not appear to hav
ansen m an active form until 1900. In December of that
Assistant Political
Agent.
vear
e
the
... . Bahrein, reported that a German subject,
Mr.. W onckhans, intended to open a branch of his business in Bahrein. The
I olitical Resident suggested that, m the event of any mercantile or other
cases ansing between Bahieim subjects and Mr. Wdnckhaus or his agent, the
Assistant Political Agent should be instructed to deal with such eases as if
they were eases between British subjects and subjects of the Sheikh.
3. ^ The Government of India informed the Political Hesident in reply
that “ Mr. Wonckhaus being a foreigner and not a protected person, the
Assistant Political Agent cannot claim any jurisdiction in such cases.
Mr. Wonckhaus and his agent, if a foreigner and not a native Indian subject
of His Majesty, must be regarded as liable in such cases to the jurisdiction
of the Sheikh.
“As, however, the Sheikh is bound, under treaty, not to admit the
consular agencies of other nations without the consent of the British Lr. d. 4 May 1901 ,
Government, it is expedient that the British representative should, as a of L De’sp n 72
matter of courtesy, extend his good offices to European foreigners in any of 9 May 1901 =,
disputes between them and the Chief of Bahrein or his subjects, and, in the p - 6i4 / 01 -
event of necessity, he should claim to protect all such foreigners as he would
a British subject. I am to request that Mr. Gaskin may be instructed to
this effect.”
The action taken by the Government of India was subsequently approved Seeret Des P . to
by His Majesty s Government. 21 June 1901 :
p. ms/o!.
4. In June 1903, the question having arisen of the purchase by Mr.
Wonckhaus of certain premises in Bahrein which he had hitherto held on a
temporary lease, the Government of India instructed the Political Resident
as follows :—“ In view ... of the belief which. Mr. Wdnckhaus is reported
to hold that, in the event of his acquiring property, he will not be amenable
to local law, but will be subject to the extra-territorial jurisdiction of Courts
of his own country (though there are none such with local jurisdiction in
Bahrein), the Government of India approve your proposal to warn the Sheikh
of Bahrein that no such acquisition can give to any Consul or other
representative of a foreign nation the right to enter into direct relations with from m d -l t<^
the Chief, and that, should any such official address the Chief, he should be of °2 jn n e 1903 :
referred to the British authorities. The position should also be clearly p. 845 / 03 .
explained to Mr. Wonckhaus.”
4371 75 3.30