Coll 25/36 'Orders in Council: Revision of Persian Gulf Orders-in-Council' [‎124r] (257/476)

CONFIDENTIAL
No.424-3
Fr#ms- : >
V.
Sir Rupert Hay, K.C.I.E., C.S.I.,
Palitical Resident, Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ,
BAHRAIN
/ PERSIAN GULF The historical term used to describe the body of water between the Arabian Peninsula and Iran. 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.
BAHRAIN,
the 17th February 1948
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To:-
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His Majesty's Secretary of State f*r
Commonwealth Relations,
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Sir,
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With reference to your Express Letter N e.Ext.1714/47 da ted
t he__llth Sep tember 1947 I have the honour to forward herewith 2 ’
copies of the Orders-In^ouncil for Bahrain, Kuwait, Qatar and
Muscat revised ©n the same lines as the copies 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 which were received with your Express Letter.
A few additional amendments of a formal nature have been made in the
Bahrain Order-in-Council.
2. With reference to paragraph 3(a) ©f your letter I consider it
necessary to retain an article in all the Orders-in-Council to
enable an offence to be tried outside the Gulf State in which it is
^ -committed. Amongst other things if a Eurepean British or American
subject is accused ©f a serious criminal offence it may be most
desirable to arrange for the offence to be tried in the United
Kingdom or elsewhere where proper arrangements can be made for his
detention and where he can obtain proper legal advice. Apart from
this circumstances may easily arise making it necessary for an
offender to be transferred for trial from one Gulf State to another.
I attach a copy of a suggested redraft of Article 17 of the Trucial
States Order-in-C©uncil and the corresponding articles in the other
Orders-in-Council. I have included in it the reference to the
Foreign Jurisdiction Act 1890 which appears in the present article.
If this reference is considered necessary - and I am not certain of
the reason for it - then it would appear that the Foreign Jurisdict
ion Act 1890 should be included in the enactments listed in Article
12(1) 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 and the corresponding
articles of the other Orders-in-Council in order that for the
purpose of the Act the Gulf States may be regarded as British
possessions. I would note that at present offenders from the
Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. can be tried at Bahrain by virtue of the definition
of "Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. " in Article 4 of the Order-in-Council but that
this will not continue t© be the case when a separate 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.
is appointed for the Trucial Coast A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. .
3. With reference to paragraph 3(b) of your letter it is not
known yet whether the Bahrain Government will accept convicts from
the Trucial States A name used by Britain from the nineteenth century to 1971 to refer to the present-day United Arab Emirates. but I would suggest in any case that the proviso
at the end ©f Article 20(1) be omitted both in 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 and in the corresponding articles of the other
Orders-in-Council to facilitate the transfer of offenders from one
Gulf State to another whenever this appears desirable. The reason
for the inclusion of the proviso in the existing Orders-in-Council
is not known t© me.
4. With reference to paragraph 3(c) of your letter I see no
objection to the omission of Article 88(1) 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 and the corresponding articles in the other
Orders-in-Council.
/5. With reference...