'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎50r] (110/1904)

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[22073] No. 11.
Memorandum, communicated
HIS Majesty's Government have had under careful consideration the situation
which has arisen in connection with the export of red oxide from, the Island of Abu
Musa, and which formed the subject of a communication made by the German Charg6
d'Affaires on the 31st December, 1907.
The subject is so intricate in nature that it proved necessary to transmit all the
documents forwarded by the German Embassy to the Government of India and to the
British Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . This officer lost no time in instituting
the requisite inquiries, but, owing to the absence of telegraphic communication
with Shargah, and the necessity of subjecting the several documents bearing on the
case to detailed examination, it has not been found possible to reply to the communica
tion in question at an earlier date.
The result of this examination tends clearly to establish that the statements of
fact upon which the complaint of Messrs. Wonckhaus is based are inaccurate.
For convenience of exposition the substance of each particular count of this
complaint is set forth under a separate heading and printed in italics ; the observations
of His Majesty's Government are subjoined in ordinary type.
Copies of the documents referred to are annexed in the Appendix.
1. The mines on Abu Musa are owned
Sheikh of Shargah. They were leased by Salim 1898
rent.
The Island of Abu Musa, with the mining and all other rights, is, and can
be proved to be, the property of the ruling Sheikh of Shargah, Sheikh Sagar-bin-Khaled.
This is established by a letter dated the 21st February, 1908, in which Salim-bin-Sultan
categorically disclaims all right of ownership, and declares that, in granting the^ lease
of 1898^ he merely acted as pro xy for the ruling Sheikh, then absent on a pilgrimage
to Mecca (see Appendix, Ko^ 1).* The two men were at one time at enmity, Salim
having been the ruling Sheikh till April 1883, when he was deposed by his nephew,
Sheikh Sagar-bin-Khaled, who has ever since been the ruling Sheikh. .Relations
between them now depend on an Agreement concluded in 1889 (see Appendix,
No, 2). The ruling Sheikh has, ever since his uncle was deposed in April 1883,
made the latter an allowance, in which, solely in virtue of oral and personal arrange
ments, the revenue of the island, together with that of the mines, has been included
(see Appendix, No 5).
When Salim has resided on the island, he has done so only on sufferance, a
-circumstance which is corroborated by two letters addressed in 1884. by the ruling
Sheikh to the British Besident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (see Appendix, Nos. 3 and 4).
The Island of Abu Musa is shown by its history, as recorded in the accompanying
Memorandum (see Appendix, No. 6), to be an integral part of the dominions of the
Sheikh of Shargah, who in recent years has regularly sent his own live stock there
for purposes of grazing.
It thus appears that Salim did not conclude the lease of 1898 m the capacity of
owner, but in that of Begent, a contention which is further supported oy a letter,
dated the 11th October, 1902, from the ruling Sheikh to the British Resident (see
Appendix, No. 7).
2. The lease of the Company appears to
' the ruling Sheikh of Shargah, since he himself
The use of the word " lease " rather obscures the true nature of the rights granted
to the partners by the document of 1898 (see Appendix, No. 9). The document was
not an absolute grant to the partners of the right to mine oxide on the island for an
undetermined period. It was a mere permit to the partners terminable on either side
at any time. . ... .
That the partners were entitled to terminate the Concession is shown by the
words, " for such a period as they may wish to hold them," but the only effect of these
words is to give the partners the right to surrender the mines and escape from the
liability to pay 250 dollars a-year when they please. They do not imply that the
rio-ht to terminate the contract is with the partners alone, and that the owner is