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Coll 1/67 'Aden. Changes in administration in the event of separation from India: miscellaneous questions' [‎44v] (88/769)

The record is made up of 1 file (384 folios). It was created in 2 Jun 1936-15 Nov 1937. 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. .

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* No. 4.
6
Aden Courts. If this is correct, we have no objection to the Section. Apart from
this, we have no comments to offer on the draft, which I return herewith.
The point has, however, been raised whether, if we take over Aden, we should
be free to make whatever provision seemed proper to the Secretary of State in regard
to procedure prior to appeal to the Bombay Courts. Roberts Wray assumes that this
would be so; but you suggested that there might be, for all you knew, some technical
difficulty. Perhaps you would ask Chamier about this?
Yours, &c.,
H. R. COWELL.
17968/33 [No. 3].
No. 5.
MR. J. G. LAITHWAITE ( 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. )
to
MR. H. R. COWELL (Colonial Office).
My dear Cowell, 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. , Whitehall, S.W.l, 9th May, 1933.
Many thanks for your letter of the 6th May,* about the draft Regulation to
replace the Aden Civil and Criminal Justice Act, 1864, &c.
The assumption in the second paragraph of your letter is correct.
As regards the point in the last paragraph, I enclose a note by Sir Edward Chamier.
We have not yet, as you know, considered in any detail the procedure to be adopted
in connexion with the various details of the transfer of Aden. From what he says
there seems, however, no reason to anticipate that any difficulty will arise over the
matter in which you are interested.
Yours, &c.,
J. G. LAITHWAITE.
Enclosure in No. 5.
Note by Sir Edward Chamier.
When the island of St. Helena was made over to the Home Government and
again when the Straits Settlements were made over to the Home Government statutory
provision was made for the future government of the territories and for legislation
by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , see 3 and 4 Will. IV. c. 85, Section 112, and 29 and 30 Viet,
c. 115, Sections 1 and 2. Some such provision will be made in the case of Aden. I
understand that in some way or other, it is intended to provide that the right of appeal
to the Bombay High Court shall continue but I do not know whether this provision
is to be made by the Statute itself or by Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. made under the Statute. In
either case the Home Government will be able to make such provision as it thinks
proper regarding procedure prior to appeal to the Bombay High Court. I see no
reason for any difficulty about this.
E. Chamier,
8th May, 1933.
17960/33 [No. 24].
No. 6.
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. to COLONIAL OFFICE.
Sir, 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. , 17th May, 1933.
I am directed by the Secretary of State for India to transmit to you, for the
information of the Under-Secretary of State, Colonial Office, copy of a telegram from

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Content

The file contains correspondence, memoranda and reports regarding administrative changes to be made upon the transfer of Aden from the Government of India to the Colonial Office. The file consists primarily of correspondence between: the Aden Chief Commissioner (Bernard Reilly); 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. Political Department; the Colonial Office; and the Government of India Home, Foreign and Political, Finance, and Reforms Departments.

The file has been divided into the following bundles:

  • 1. Memoranda, ff 5-73;
  • 2. Flag, ff 74-79;
  • 3. New buildings, ff 80-86;
  • 4. Pension rights of Indian personnel, ff 87-95;
  • 5. Personnel, ff 96-184;
  • 6. Judicial and Revenue Stamps, ff 185-910;
  • 7. Position of Consuls, ff 191-197;
  • 8. Printing Press, ff 198-203;
  • 9. Provident Fund, ff 204-210;
  • 10. Application of international treaties and extradition conventions, motor vehicles (international rules), ff 211-325;
  • 11. Future financial arrangements in regard to salt, income tax, supply of opium etc., ff 326-384.

The bundle titled 'Memoranda' contains a copy of Reilly's 'Note on Fourteen Points connected with the Transfer of Aden from the Government of India to the Colonial Office, discussed at the Foreign Office in 1933', plus a copy of Aden. Question of Transfer. Papers, 1933 (Middle East No. 50), and related correspondence.

The bundle titled 'Personnel' concerns the issue of retaining Indian administrative personnel at Aden following the transfer, on their existing terms of service, for a period of five years. The correspondence also concerns the position of the District and Sessions Judge, which upon transfer would change to become Judge of the Supreme Court of Aden; the appointment of James Taylor Lawrence to the post upon the retirement of G B Constantine is discussed.

The bundle titled 'Provident Fund' concerns the creation of a new General Provident Fund at Aden upon transfer. Reilly proposes that the Government of India transfer over to Aden any monies standing to the credit of Indian service personnel retained permanently; the Government of India propose that the monies should be cancelled out against the value of buildings, civil debt and pecuniary liabilities etc. involved in the transfer.

The bundle titled 'International Treaties' concerns the applicability to Aden, upon transfer, of various international agreements, and discusses the need to formally notify foreign governments of the change. Folios 297-321 include lists of treaties, conventions etc. which applied to both India and Burma, drawn up upon the separation of Burma in 1935. Extradition treaties and international motor agreements are discussed in particular detail.

The bundle titled 'Future Financial Arrangements' contains notes on budget administration, financial management, the issue of the salt tax, income tax, customs arrangements, and the importation and control of opium and other regulated substances. Draft estimates based on the figures of revenue and expenditure for the years 1932-1935 are included at folios 371-383.

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the end of the correspondence (folio 2).

Extent and format
1 file (384 folios)
Arrangement

The file has been divided into eleven bundles, according to subject. Within the bundles, materials are arranged in rough chronological order, from the rear to the front.

Physical characteristics

Foliation: The foliation sequence commences at the inside front cover with 1 and terminates at the inside back cover with 384; 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. The back of the external cover has not been foliated.

Written in
English in Latin script
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Coll 1/67 'Aden. Changes in administration in the event of separation from India: miscellaneous questions' [‎44v] (88/769), British Library: India Office Records and Private Papers, IOR/L/PS/12/1505, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100032999346.0x00005b> [accessed 10 May 2024]

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