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Coll 1/29 'Aden Protectorate: legal status of subjects of the Hadhramaut; reports on Hadramis in Mecca, 1936, by the British Legation, Jeddah' [29r] (57/136)
The record is made up of 1 file (68 folios). It was created in 24 Jun 1924-13 May 1936. It was written in English. 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
This transcription is created automatically. It may contain errors.
seem to be probable that,in the expression ’’subjects of England”
in this Treaty, the word ’’subjects” is used rather in the sense
of the French word ”sujets n , to which reference has been made
above, than in the sense of ’’British subjects” under the
nationality law of the United Kingdom, the expression
f
’’Englishmen” being probably intended to cover the other class
of persons who would now be described as British subjects. The
terms of the treaty of 1809 are at least a relevant considera
tion in the interpretation of the provisions of the order-in-
Council with regard to jurisdiction, though the rights of His
Majesty under the Treaty may be extended by usage or sufferance.
It would be difficult, however in my opinion, to show any
grant, usage or sufferance as a ground for a claim to exercise
capitulatory rights in respect of natives of Hadramaut.
(5) If a claim to exterritorial rights were made in respect
of natives of the Hadramaut and were to be disputed by the
Egyptian Government, the dispute would turn upon the apprecia
tion of the nature of the relations existing between His
Majesty and the native Arab rulers of Southern Arabia, which
would be embarrassing to His Majesty’s Government and it would
on this basis be difficult to make out a convincing case for the
right so claimed.
(6) Finally, in view of the race and religion of the natives
of the Hadramaut, the Egyptian native courts would appear to
be far more suitable tribunals to exercise jurisdiction over
them than either the British Consular courts or the Mixed Courts.
3. If the point should arise for decision in a British court
in Egypt, for instance, by reason of a claim made by a native
of the Hadramaut that he was a British protected person within
the meaning of the Order-in-Council, and that the court had
jurisdic tion
About this item
- Content
The file contains correspondence between 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. , the Colonial Office, the Foreign Office, the Political Department of the Government of India, and the High Commissioner in Cairo, regarding the legal status of Hadramaut [Hadramawt] subjects; plus minutes regarding Saudi influence in the Hadramaut.
The papers dated 1924 concern the possible inclusion of the Aden Protectorate in legislation allowing residence in a Protectorate or Mandated Territory to qualify for an Imperial Certificate of Naturalisation, and includes a copy of the British Nationality and Status of Aliens Act, 1914, and draft additions (folios 59-66).
The papers dated 1931 concern the legal status of Hadramaut subjects with regards to the jurisdiction of the Consular Courts in Egypt, a question raised in response to an enquiry made by R B Yeates, a barrister in Cairo. Yeates enquires as to whether subjects of the Hadramaut enjoyed capitulatory rights in Egyptian courts. The correspondence consists of a detailed legal discussion of the various definitions of 'British Protected Persons'. In the end it is communicated to Yeates that a decision regarding the jurisdiction of Consular Courts in Egypt over Hadramaut subjects will be provided by the Secretary of State, but only in the event that such a question is addressed to him through one of the courts.
The papers dated 1936 (folios 2-8) consist of minutes made by Khan Bahadur Ihsanullah, Indian Vice-Consul at Jedda. The first minute concerns meetings in Mecca with a Hadramaut subject named Seyyid, and a separate meeting with Shaikh Ali Abdullah Ba Dagaub. They discussed attempts by Osman al Amoudi, leader of the Irshadiya movement in Java, to open schools in the Hadramaut. Al Amoudi is said to have the backing of the Saudi Government. Shaikh Ali also discussed Saudi relations with tribes in the Hadramaut. The second minute documents a meeting with Shaikh Osman el Amudi and Shaikh Ali Badgaish, where they discussed the Qaity dynasty, Saudi intentions towards Hadramaut territories, and dissatisfaction with British involvement in the Hadramaut.
The file includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the end of the correspondence (folio 1).
- Extent and format
- 1 file (68 folios)
- Arrangement
The papers are arranged in rough chronological order from the rear to the front of the file
- Physical characteristics
Foliation: the foliation sequence commences at the front cover with 1, and terminates at the inside back cover with 68; 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.
- Written in
- English in Latin script View the complete information for this record
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Coll 1/29 'Aden Protectorate: legal status of subjects of the Hadhramaut; reports on Hadramis in Mecca, 1936, by the British Legation, Jeddah' [29r] (57/136), British Library: India Office Records and Private Papers, IOR/L/PS/12/1465, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100029535712.0x00003a> [accessed 19 April 2024]
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- Reference
- IOR/L/PS/12/1465
- Title
- Coll 1/29 'Aden Protectorate: legal status of subjects of the Hadhramaut; reports on Hadramis in Mecca, 1936, by the British Legation, Jeddah'
- Pages
- front, front-i, 2r:30v, 32r:34v, 36r:42v, 44r:58v, 67r:67v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence