'Position and Rights of His Majesty's Government in Basidu' [‎59r] (5/6)

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25. The situation was changed by information that the Persian Director Tei. from Pol. Hew.
of Customs at Bandar Al)bas, who (he alleged on orders from Tehran) £^i^sv-pt 0 ^ 1 ,'’
refused to recognise the British flag in Basidu. was intending to proceed p.495’4.
thither with a gunboat on 11th September to make an arrest. The Charge
d’Affaires at Tehran was immediately instructed to make representations to p' 4974 ’ Kept ' 11 ’
the Central Customs authorities, and, if necessary, to warn the Persian
Government that any molestation of British Basidu, “ which has been
British station for 100 years, would be a complete negation of Minister
of Court’s promise to Sir R. Clive.” The Senior Naval Officer was
simultaneously instructed that, as the landing of armed Persians in Basidu Adm. t« s.n.o.,
would be an infringement of the agreement entered into with the Persian Sept - 11 ’ p * 494,1
Government, it should, as a last resort, be resisted by force, and that, while
conflict with the Persians was to be avoided if possible, protection was to be
afforded to British subjects at Basidu, and the British flag was not to .
be hauled down. The Senior Naval Officer was instructed, however, that, if
the man required by the Persians was not a British subject, and the reason
for his arrest in British Basidu appeared sufficient, he should himself take
steps to arrest him and hand him over to the Persians.
26. It transpired that the individual whom the Persian Government
desired to arrest was the British caretaker, Hussein (whose nationality,
it may be remarked, is not clear). The naval precautions taken, coupled Po, | R< T 8 of s -
with the representations made at Tehran, secured, however, the desired sept.W. p. 5249.
result. The Customs official arrived at Basidu on the 19th September,
and informed the Commanding Officer of the Cyclamen that he had orders
that since the agreement with Persia of 10th May 1928 (i.e. the conclusion
of the first stage of the general negotiations, in the course of which,
however, no reference was made to Basidu), Basidu had ceased to be
British. The Commanding Officer replied that the status of British
Basidu was to be considered in the autumn, and that till then no Persian
armed forces would be permitted to enter the area. The Customs official
appears to have accepted the situation, and agreed that there should be no
attempt at Customs interference, landing of troops or making of arrests.
The Charge d’Affaires at Tehran was about the same time informed by the Teh.tei. to f.o.,
Administrator-General of Customs that the Belgian Director had issued p '509V. 1 151
formal instructions to subordinate posts that they were to avoid sending
armed vessels with armed landing parties to any of the islands, while the
Acting Minister for Foreign Affairs, who expressed entire ignorance of the
matter, agreed that “ nothing will be done in regard to islands in Gulf to
change stains quo pending result of Customs conversations this autumn.”
There have been no subsequent developments ; but the naval precautions
taken by His Majesty’s ships at Basidu are being maintained.
Summary.
27. The legal position in regard to Basidu is concisely set out in para. 10
above. The station cannot be regarded as British territory, and an absolute
claim to the concession, in the face of a desire on the part of Persia to resume
it, cannot be maintained by His Majesty’s Government. On the other hand,
His Majesty’s Government have occupied the concession without protest for
over a century (1822-1928), and, while they cannot be held by mere
occupation to have acquired sovereign rights, undisturbed and unquestioned
possession for so long a period would ordinarily be regarded as giving a
very strong prescriptive right to continue occupancy on the terms on which
the occupation had hitherto proceeded.
28. The station at Basidu has for the last few years been retained to a
small extent because of its possible value to the Admiralty for coaling
purposes, but primarily for political reasons, and with the object of using
it as a pawn in negotiations with Persia, whether of a general character,
or immediately directed to the consolidation of the position in Henjam of
His Majesty’s Government. The abrupt revival of the Persian claim makes
it unlikely, however, that this counter will prove as valuable to His Majesty’s
Government for bargaining purposes as was at one time hoped.
3099 B