'File 14/115 VII Annex (B 9) Abu Musa oxide: collected background material on the case' [‎174r] (358/1904)

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as given by him on oath, is set out in
Appeucdx 21. i>ut even if the story were true,
it would not affect the fact that in February
1908 Aejef expressed his disapproval in the most
formal method at his disposal. In any case His
Majesty's Government are unable to consider an
expression of approval, given long after the
cancellation of the concession, as equivalent to a
confirmation of the contract.
l8, Majesty's Government observe that the
German Government do not allege that Malcolm
ever expressly approved of the contract; all that
is stated is tnat no objection was raised by him.
^ ithout going into the question whether a
failure to raise objections could amount to the
necessary approval, it must be pointed out that
no inference can be drawn either from Malcolm's
silence or his letters, because of Hassan's successful
attempts, sjy means of falseiiood and deception, to
keep him in the dark as to the facts. When
asked by Malcolm for a copy of the agree
ment, he first made the untrue statement
that the agreement was in German, and then
asserted that Wonckhaus had bound him to
secrecy; while the account given by him in his
letter of the 13th July, 1906 (First British
Memorandum, Appendix 13) omitted the most
important provisions of the contract. His
Majesty's Government are quite unable to
P- 18. agree that this letter " communicated all that
was of importance"; the very provisions to
which the other partners took objection when
they heard of them were carefully omitted.
P- I8 - This argument is also inconsistent with the
further contention of the German Government
that Hassan was entitled to keep the terms of
the contract secret from Malcolm, because the
latter was connected with Strick and Co..
who held the Hormuz oxide concession. His
Majesty's Government are unable to appreciate
this contention, and in any case it is clear from
Hassan's letter of the 14th October, 1906 (First
British Memorandum, Appendix 14), that the
person he really wished to keep in the dark was
Abdul Latif, who had repeatedly warned him
against making a contract of such a nature,
p. 51. In his letter of the 30th October, 1906 (Annex 34
to Second German Memorandum) Malcolm
expressly protests against the terms of the agree-