'File 18/68 I (D 114) Kuwait Order in Council' [‎9r] (32/534)

nationals in Koweit. It is a kind of point upon which they
would probably be very touchy. An informal arrangement not
to raise the point if we do undertake the defence of Persian
interests, is the most we could hope for, I should think,
until things in Tehran have moved a long way. As regards the
second, we have just conceded to the shaikh of Bahrain direct
Jurisdiction over his very class of person, and it would be
regarded by shaikh Salim as a direct blow at his dignity if
we assumed jurisdiction, e.g., over subjects of iiin Saud by
a direct agreement with the latter. In the absence of such
an agreement, this jurisdiction is directly conceded to tie
Shaikh by section 44 (4). As regards the third category,
it is obviously impossible to legislate for them until their
international status is defined. Meanwhile, we saw no parti
cular advantage in the enactment of Part 5 of the Draft Order,
It only regulates the existing practice,- weakening the political
Agent's.hands pro tanto by the admission in paras. 44 (4) and
45 (4) • that the Political Agents legal powers are limited
to a right to be present at the hearing and final decision.
It appeared to us that either the Huler would be amenable, in
which case it is better not to notify to all and sundry that
we reaetve no power of legal insistence, or he will be contu-
macious, in which case these two sections will be a weapon
in his hands.
If it is considered necessary to have a regular procedure
prescribed for the hearing of cases between Koweit subjects
arid "persons to whom the order applies", it would seem prefer
able to arrange this diplomatically with the Chief himself,
without expressly laying down a limitation on the Political
Agent's powers of interference.
The net result of the above is that we do not consider
there is any practical advantage in the enactment of any parts
V
of the Draft Order, other than those intended to regularise
the legal position of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. vis-a-vis British
/
subjects; it is on the other hand evident that some definition
of the international position of Iraq subjects will necessarily
yoon be laid down, and it would be advisable to incorporate