'File 18/55 I (C 101) Bahrain Order in Council' [‎162r] (337/477)

The tHree most important matters m which the P.A.'s actions
^whlch he cannot forego If he la to maintain order and settle
Civil disputes satisfactorily) will become illegal on the
introduction of the Order are : -
(1) Prohibiting foreigners from living in Bahrain.
(3) Talcing security from foreigners without a conviction,
as in Section 107, C.C.P.
(3) Treating the Majlis as an advisory body and not as a
Court.
Of course, as you say, the P.A. can enforce any custom unless
the order contains any provision incompatable with it; but, in
the three above matters it does.
(1) When the Order, in a portion relating to British subjects
and foreigners, and in a section Immediately following one
(section 31) which empowers a Court to taxe security on con-
-viction from British subjects and Foreigners, empowers the
P.A # to prohibit British Subjects from living in Bahrain,
it is clear that foreigners are intentionally excluded from
this provision.
(I) As section 80 specifically gives the p.A. power to taxe
security on conviction from British subjects and foreigners,
it is clear that this is the only provision for taxing secur-
-ity from foreigners and that the extremely useful powers of
107 C.C.P. are not applicable to them.
(3) Has already been dealt with at length.
To allow the Order to come into force with the tacit
understanding that it is to be brought into action gradually
is, in my opinion, not as you say in your note, to confer
legality on some of the P.A^s illegal actions. On the
contrary, it maxes illegal some of his actions which are now
legal. Sir Percy's letter to Government gives no indie-
cation that it was his intention that the order should be
introduced gradually as stated in your 877. Did he tell
t
you that this was his intention ?