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‘File 7/1 III Kuwait Order in Council and Jurisdiction over Foreigners’ [‎41r] (81/226)

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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4 . /
P,Z.6368/35.
Copy.
(E 4759/17/91).
i
Dear Clauson,
In Rendel’s absence on leave I am replying to your
letter I^o.P.Z.4701/35 of the 2nd August about the penalties
to be imposed on aviators breaking the Air Navigation Regulations
for the Arab States in t he Persian G-ulf.
2. We agree generally with the proposals you have worked out
in conjunction with Eowle. As regards Muscat, we think that
it is ( clear that the only way to proceed is to induce the Sultan
to make a regulation with the appropriate penalties, which he wH
' N have to enforce himself on those foreigners who come within
his jurisdiction. From a practical point of view, it is, of
course, essential that 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. should approve
the substance of the regulation and the penalties contained
in them, but this point will be safeguarded if the regulation
j.s drafted by the Resident and if he can subsequently ensure
that the Sultan would consult 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. before taking
any action against a foreign aviator.
3. In order to deal with persons under our own jurisdiction
we agree that a King’s Regulation will have to be made under
Arti cle 78 of the Muscat Order-in-Council, a translation of the
Sultan of Muscat’s Air Navigation Regulations being annexed to
it, and the King’s Regulation stating that they are binding on
the persons specified in Article 8 (l), (2) and (3) of the
Order-in-Council. The Regulation should then prescribe the
penalties for breach of the conditions governing air navigation,
and Beckett points out that it is important to note that the
possible penalties are limited by the terms of Article 79 of
the Order-6n-Council, which - hould be borne in mind in preparing
FCRBIGK OFFICE,
7th September 1935.
the draft

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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’ [‎41r] (81/226), British Library: India Office Records and Private Papers, IOR/R/15/5/295, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100029518890.0x000052> [accessed 28 March 2024]

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