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Coll 1/29 'Aden Protectorate: legal status of subjects of the Hadhramaut; reports on Hadramis in Mecca, 1936, by the British Legation, Jeddah' [‎28r] (55/136)

The record is made up of 1 file (68 folios). It was created in 24 Jun 1924-13 May 1936. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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In certain connexions the expression is used as including all
persons who (in addition to British subjects) may apply to His
Iv'a jesty 1 s Diplomatic and Consular Representatives abroad for
assistance in foreign countries, and, in this sense of the term,
it would appear that natives of the Hadramaut might be included.
On the other hand, the expression is also used in a narrower
sense, which perhaps more or less corresponds to the sense in
vfoich “Bujets” is used in French to designate the classes of
A
persons who may be said to be French nationals( n ressortissants”)
/
although not French citizens, and, in this narrower sense, I
consider that the expression ft British protected persons” covers
the class of persons who, although not British subjects under
the British nationality and Status of Aliens Act, are neverthe
less, in international law, n ressortissants” of His Majesty:
into this class of persons, for example, natives of the Malay
States or of the Indian native states would certainly fall,
but I do not consider that the relations of His Majesty with the
Arab rulers of the Hadramaut are such as to render natives of
the Hadramaut British nationals ("ressortissants”) and therefore
to bring them within the class of British protected pe rsons in
the narrower sense of the term.
(3) It is in this narrower sense of the term that I think that
the expression "British protected persons” in the Ugypt Order-
in-Council should be construed.
(4) The right to exercise capitulatory rights in Egypt is
derived from treaty, grant, usage and sufferance, and in the
Treaty of Peace with Turkey of 1809, which is the foundation of
British ex-territorial rights in Egypt, the expressions
"Englishmen” and "subjects of England” are used, and it would

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Content

The file contains correspondence between the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , the Colonial Office, the Foreign Office, the Political Department of the Government of India, and the High Commissioner in Cairo, regarding the legal status of Hadramaut [Hadramawt] subjects; plus minutes regarding Saudi influence in the Hadramaut.

The papers dated 1924 concern the possible inclusion of the Aden Protectorate in legislation allowing residence in a Protectorate or Mandated Territory to qualify for an Imperial Certificate of Naturalisation, and includes a copy of the British Nationality and Status of Aliens Act, 1914, and draft additions (folios 59-66).

The papers dated 1931 concern the legal status of Hadramaut subjects with regards to the jurisdiction of the Consular Courts in Egypt, a question raised in response to an enquiry made by R B Yeates, a barrister in Cairo. Yeates enquires as to whether subjects of the Hadramaut enjoyed capitulatory rights in Egyptian courts. The correspondence consists of a detailed legal discussion of the various definitions of 'British Protected Persons'. In the end it is communicated to Yeates that a decision regarding the jurisdiction of Consular Courts in Egypt over Hadramaut subjects will be provided by the Secretary of State, but only in the event that such a question is addressed to him through one of the courts.

The papers dated 1936 (folios 2-8) consist of minutes made by Khan Bahadur Ihsanullah, Indian Vice-Consul at Jedda. The first minute concerns meetings in Mecca with a Hadramaut subject named Seyyid, and a separate meeting with Shaikh Ali Abdullah Ba Dagaub. They discussed attempts by Osman al Amoudi, leader of the Irshadiya movement in Java, to open schools in the Hadramaut. Al Amoudi is said to have the backing of the Saudi Government. Shaikh Ali also discussed Saudi relations with tribes in the Hadramaut. The second minute documents a meeting with Shaikh Osman el Amudi and Shaikh Ali Badgaish, where they discussed the Qaity dynasty, Saudi intentions towards Hadramaut territories, and dissatisfaction with British involvement in the Hadramaut.

The file includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the end of the correspondence (folio 1).

Extent and format
1 file (68 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the file

Physical characteristics

Foliation: the foliation sequence commences at the front cover with 1, and terminates at the inside back cover with 68; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.

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English in Latin script
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Coll 1/29 'Aden Protectorate: legal status of subjects of the Hadhramaut; reports on Hadramis in Mecca, 1936, by the British Legation, Jeddah' [‎28r] (55/136), British Library: India Office Records and Private Papers, IOR/L/PS/12/1465, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100029535712.0x000038> [accessed 30 April 2024]

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