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‘File 7/1 III Kuwait Order in Council and Jurisdiction over Foreigners’ [‎34r] (67/226)

The record is made up of 1 file (111 folios). It was created in 6 Feb 1935-20 Feb 1938. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

Transcription

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8
•* 3 •»
0 **
Oo Muscat is, of course, in a difierent position, since the
extent of oru jurisdiction over foreigners and their property
appears to be governea by Article 8 ( 3 ), ( 4 ) aid ( 5 ) of the
Muscat Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , and our jurisdiction over foreigners
ir ior fixjsax practical purposes confined tocases where the
Governant whose sublets they are has ’‘agreed with His Majestv***
for or consented to the exercise of power or authority by His
Majesty*. It looks at first sight as though we hace no juris*
diction at all over property belonging to foreigners in Muscat.
Subject to these reservations the arrangements for making King*s
Regu&tions under the Muscat Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. are similar to
those in the case of Bara* n and it wouxa appear in
these circumstances as though any penalties &ia down for the
contravention by persons other than British subjects or
individuals covered by the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. of the Muscat Air
Navigation Regulations would have to be imposed by the Muscat
authci it les themselves, but difficulties in securing that they
should on our advice make provision for appiopriate penalties
on the same basis as referred to above in the case of Kuwait
and Bahrain would not presumably be serious*
d. The Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. and Qatar are, of course, as Metcalfe
points out, more difficult becatiue of the absence of an Order in
council giving ex-territorial rights to British and foreign subj
-eels. But ( save possibly#sin Qatar) the point- is perhaps of
less immediate active importance, since, at tais stage at any
rate, there are perhaps likely to be fewer attempts by or
inducements to private civil aircraft to endeavour to .land there
than in the case of Banrain Kuwait or possibly Muscat.
7. The quite provisional suggestions put forward above may
we hope facilitate consideration of this question. Once we
have received your views’ and those of the Govern'.® nfc of India ve
shall be prepared to take tae question up with the Air Minstry
and Foreign Office at thisend.

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Content

The file is primarily concerned with the issue of King's Regulations to mandate specific penalties for breaches of air navigation regulations issued under the Bahrain, Kuwait, and Muscat Orders in Councils. The file therefore contains exchanges between British officials on the sort of penalties that should be enforced. Another related subject is the extent that the subjects of the Gulf states — in special treaty relations with Britain — are considered to be British Protected Persons at courts in Bahrain, Kuwait, and Muscat respectively; the answer to this question is summarised as part of an office notice on folio 98. Also discussed is the extent of the Kuwait 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. 's authority to solemnise Christian marriages in Kuwait (see folios 101-8) under the Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. .

The main correspondents in the file are as follows: the Kuwait 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. (Harold Richard Dickson and Gerald Simpson de Gaury); the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. 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. (Trenchard Craven William Fowle); the Foreign Department of the Government of India; and officials of the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and the Foreign Office.

The Arabic language content consists of a few brief letters exchanged between the Kuwait 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. and either the Shaikh of Kuwait or the Deputy Ruler of Kuwait, Shaikh Ahmad al-Jabir as-Sabah [Aḥmad al-Jābir Āl Ṣabāḥ] and Shaikh `Abdulla as-Salim as-Sabah respectively. It concerns the transmission of copies of new regulations and notifications of when they will come into force.

A copy of the Kuwait Air Navigation Regulation (1936) can be found on folio 85, while a draft copy titled Breach of Air Navigation Regulation dated 1935 can be found on folios 46-47; a list of regulations issued under the Kuwait Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. can be found on folio 90. A draft of the equivalent Muscat regulations can be found on folio 68.

The creation date range reflects the inclusion of enclosures of an earlier date than their respective covering letters. The main run of correspondence commences from 29 April 1935.

Extent and format
1 file (111 folios)
Arrangement

The file is arranged in chronological order from the front to the back of the file, the exceptions being enclosures which are often of an earlier date than their covering letters.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1, and terminates at the inside back cover with 113; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present in parallel between ff 4-111; these numbers are also written in pencil, but are not circled.

A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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‘File 7/1 III Kuwait Order in Council and Jurisdiction over Foreigners’ [‎34r] (67/226), British Library: India Office Records and Private Papers, IOR/R/15/5/295, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100029518890.0x000044> [accessed 29 March 2024]

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