'File 18/55 I (C 101) Bahrain Order in Council' [‎4r] (16/477)

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CONFIDENTIAL.
DRAFT BAHREIN ORDER IN COUNCIL A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. .
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Notes on Amendments suggested by the Foreign
Office.
THE majority of the amendments are merely
verbal, and have been introduced either to sim
plify the language or to adapt the phraseology to
that employed in other Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. under
the Foreign Jurisdiction Act, 189 ).
Some of the definitions ia Article 4 (for
merly 3) have been omitted as unnecessary, the ^
words being already defined in the I nterpre ta
tio n Ac t.
Article 8 (formerly 6) has been rearranged;
sub-Article (2), which was copied from the
Zanzibar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . 1900, is un
necessarily elaborate for Bahrein, where jurisdic
tion over foreigners is claimed by His Majesty's
Government under the grant from the Sheikh,
and not under arrangement with the foreign
Governments concerned.
Sub-Article 5 has been divided so as to relegate
ships to a separate sub-Article (6), and this sub-
Article has been made to apply to British subjects
and foreigners only.
It is scarcely reasonable to deprive the Sheikh
of jurisdiction over his own subjects, except to
the extent that they are within the bond fide
domestic service of persons subject to the Order,
and this scarcely applies to their ships.
Article 10 is new, but similar provisions are
to be found in the Ottoman and China Orders.
Article 11 (formerly 8) was taken from the
Zanzibar Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1897, which was
altered in 1903. The language in sub-Article (2)
" are hereby made applicable " was found to be
ambiguous, as it was not clear whether the
enactments referred to applied automatically or
required some further official act to bring them
into operation.
P urther or future Indian enactments were
made applicable to Zanzibar by King's Kegula-
tions instead of by Order of the Secretary of
State.
[168 A]
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