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Coll 25/27 'Orders-in-Council: Trucial Coast: Jurisdiction over foreigners in the Trucial Coast Sheikhdoms of the Persian Gulf; Revision of Persian Gulf Orders in Council' [‎177r] (373/694)

The record is made up of 1 file (334 folios). It was created in 15 Mar 1938-1 Apr 1948. 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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i?. u.
Ext. 8326/1(6
Dear Beckett,
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. ,
V/hitehall,
Liondon, 3. \i» 1 •
28th January, 1947.
We have "been considering the question of the amendments that './ill be
necessary in the five Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Orders-in-Council (Bahrein, 1913* Kuweit,
1935, Qatar, 1939, Muscat, 1939 and Trueial States, 1946) when control in the
Gulf is transferred from the Government of India to Ii.M.G. on tne 1st Apr lx,
"]947 j &s is contemplated, bearing in mind the possibility that tne Indian
Constituent Assembly may before long decide to leave the British Commonwealth.
2. It seems that the problem falls into two parts. Firstly, it must be
decided what laws are to be applied in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. States. The present
position is that specific British-Indian laws are applied by the Orders-in-
Council, being either listed in the schedules appended thereto or referred to
in the body of the Orders themselves, and that other laws not specifically^
mentioned in the Orders-in-Council or their Schedules may be applied in tne
States concerned by the publications of King’s Regulations by the Political
Resident. It is possible that an independent India might pass amendments to
these lav/s which it would be undesirable to apply in the Arab Staues of the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . There seem to be, therefore, three possible courses for the
future:
(a) The Indian laws at present applied could remain in force but specific
amendments to them would require to be applied by Regulation made by
the I'olitical Resident before coming into force in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ;
(b) The Indian laws at present applied could remain in force but no
Indian amendments would apply tD them, 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.
applying any necessary amendments from time to time as occasion arose;
(c) The existing (predominantly Indian) legal system could be scrapped
and the corresponding English law substituted, with such adaptations
and modifications as appear necessary.
It seems to us that, apart altogether from the special provisions
required for the determination of the various questions arising under Hindu
and Mohammedan personal lav/, it would be highly inexpeuienc to scrap tne
British-Indian legal framework tj which the. inhabitants of the area are
accustomed and with which the Political Officers who administer the l a w are
familiar. Instead of the application of English lav/, which would in many ways
be inappropriate to the conditions, we consider, therefore, that .ne course
indicated in (b) above is probably the most suitable.
3. The second question is how the functions at present attributed under the
terms of the Orders to various Indian authorities are to be performed after
the removal of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. administration from the supervision of the
Government of India. '.Thatever system of law is adoptea, it will no longer be
possible for reports and references to be made to Indian authorities, or lor
the deportation to, or trial of accused persons in, India to take place. These
functions will have to be transferred to appropriate British authorities. In
particular we shall have to consider v/hat authority should replace che b-overnor—
General in Council in paragraph 16 of the Koweit Order-in-Council (and
correspondingly in the other Orders) for the purpose of conx inning death
sentences. This is a matter on which we should perhaps consult the Lord
Chancellor’s Office or the Treasury Solicitor. We should alsV lik* to get
clear the question of appeal from the decision of the local courts. 1 There
I / seems

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Content

Correspondence, minute papers, drafts, and notes concerning the drafting of The Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. . The majority of the file relates to the discussion between officials at the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , Foreign Office, Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. in Bahrain, 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 Government of India (External Affairs Department) over the need for and wording of an order for the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. . A copy of The Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1946, is included (folios 216-227).

Further correspondence concerning amendments to other Orders in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. for the region (Kuwait, Qatar, Muscat) and the question of a general Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. order is contained in the file.

Extent and format
1 file (334 folios)
Arrangement

The file is arranged in chronological order from the back to the front.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 335; 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.

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English in Latin script
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Coll 25/27 'Orders-in-Council: Trucial Coast: Jurisdiction over foreigners in the Trucial Coast Sheikhdoms of the Persian Gulf; Revision of Persian Gulf Orders in Council' [‎177r] (373/694), British Library: India Office Records and Private Papers, IOR/L/PS/12/3332, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100060773467.0x0000b0> [accessed 29 March 2024]

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