‘File 86/2 II (C 31) Eastern and General Syndicate, Oil, Bahrain’ [‎125v] (256/495)

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5. Xo dispute involving' the question of jurisdiction over foreigners
Lor. i, pp. 938-912. appears to have arisen in Bahrein until 1904. In 1004-5 two incidents
affecting foreign subjects took place in the Islands. In the first of these, a
German subject—an employee of Messrs. Wonckhaus—became involved in a
biawl, m the couise of wlucli lie suffered personal injuries. .Failing, as lie
thought, to secure adequate redress through 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. , to'whoni
toV r of n i PO No R 490 lllS fil ? t com P laint was addressed, Mr. Wonckhaus made representations to
of 17 Dec.' 1904 : ' the German Consul at Basra, who addressed the Sheikh direct on the
p. 293/05. subject. His Excellency, in reply, acknowledged the letter and added,
I have now to inform you that this matter is before the British Government,
and I cannot say anything on the subject." The Foreign Office at a later
stage insti noted the Charge d Affaires at Berlin that, should representations
fo Dos of 5 Dec ' )e 11 ? a ^ e ^ ie patter by the German Government, he should state
1904, No P 261 : that it had been brought to the notice of Mis Majesty's Government, and that
p. 3540/04. a British ship would be sent to Bahrein in order ihat an inquiry might be
instituted. The German Government do not appear to have taken any
^G'or^No^i act ^ )n - |' le German Consul at Basra subsequently thanked the Political
of 17 dbc.'i904, ' Resident "for your efficient help to the German firm, which, I trust, settles
para. 26 : P.293/05. the Case."
G. In the second case (November 1904), an accidental quarrel having-
arisen between a retainer of the Sheikh's nephew and a Persian, attacks
were made upon Persian subjects in Bahrein. Apprehensive that the Sheikh
would endeavour to deal with the case in the local Courts, they telegraphed
for support to the Shah, and conversations took place between His Majesty's
Minister and the Mushir-ud-Dowleh, as the result of which the latter
telegraphed to the Persian community urging them to keep calm, as <S I
have had a long talk with the British Minister . . . and l am sure'he will
p.293,05. take early steps to get the affairs settled and the culprit punished." The
Sheikh, however, adopted an uncompromising atiitnde on the question of
jurisdiction, maintaining that he would not admit any interference " in cases
between Arabs and Persians, who were all Mohammedans," and that they
must go before the local Shara Courts, which, composed as they were of
Sunnis, were unlikely to do justice to the Shi ah Persians. Argument
proving unavailing, an ultimatum was presented to His Excellency. He
accepted the demands of llis Majesty's Government, and though no specific
reference to the point was made m the ultimatum, the jurisdiction of the
1 olitical Agent appears thenceforth to have been delinitely established, as a
a matter of practice, in respect of British and foreign subjects in Bahrein.
7. Correspondence took place between 1908 and 1911 in regard to the
preparation of an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. to confer jurisdiction over British
subjects and foreigners in the Islands on 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. at Bahrein.
It was decided that it was desirable to obtain a lormal request irom the
Sheikh tnat he should be relieved of jurisdiction over foreigners. After
discussion with 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. , His Excellency addressed "the latter on
lOth July 1909, in the following terms:—" Alter compliments. It is not
hidden irom you that I have had considerable trouble in many cases (that
arose) in my territory in which foreigners were involved. For this reason
I wish that I may not be held responsible in these cases, and I would
be grateful to British Government if they remove this trouble and
responsibility from me. I mean that it (the British Government) should
exercise authority in all cases in which the foreigners only are concerned,
but not in other cases ; and in cases that occur between foreigners and my
subjects, it is necessary that you and I should settle them jointly."
8. The Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. remarked, with reference to the reservation
contained in the concluding sentence of the Sheikh's letter, "As its effect is
simply that such cases will be disposed of by the joint Court, and gives
G?of r i.?Noli863, to feigners the same treatment that British subjects now receive, there seems
d. 31 July 1909. ' no need for exception to be taken to it."
9. The Sheikh subsequently represented that his letter of 10th July
1909, giving jurisdiction over foreigners to the British Government, was
intended only "to cover subjects of recognised Powers and not the
dependents of petty Arab potentates in Gulf, with some of whom he claims