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Coll 6/92 'SAUDI ARABIA: Activities of H.St.J. Philby (Haji Abdullah) Qn of with-holding pension.' [‎37r] (77/255)

The record is made up of 1 file (122 folios). It was created in 3 Sep 1939-1 Dec 1941. 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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31st
July.
A deportation order does most certainly contain,
as you say, an element of compulsion, but there is on
the other hand no question but that the order for
deportation, pure and simple, means nothing- more than
an order - which can, of course, be enforced, if not
complied with — to the effect that the person in
question shall remove himself from, and thereafter
remain out of, the country concerned.
I have, however, as I intended to imply in my note,
no doubt that matters could be so arranged that p. would
have to go on board a particular ship, which was
^ ^ jttM • available at the time and whose destination was India^ -
t>ut, if so, that is most certainly the limit of the
i/ compulsion permitted. It would, in the circumstances,
t most probable, perhaps even inevitable, that he would
eventually arrive in India, but he cannot be prevented
by force from landing elsewhere en route, - except by
the authorities of the intermediate port. The question,
in so far as it depended on the Aliens Restriction Act,
and the combined effect of the various helpful
provisions of the Aliens Restriction (Consolidation)
Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. made thereunder, was the subject of
judicial decision in the case of R. v. Home Secretary,
reported in ( 1917) 1 K.B. 922 . — ^
I am sending you herewith the report of the case,
and I think the matter will probably be clearer if you
look at the passages I have marked in blue pencil, at
pp.922,931,933-4, 936 and 937.
You might perhaps first read the passage
similarly marked in Lord Reading’s judgment in the
lower Court at p.555-6 of same volume.
K.McI. K.
31st
July.
x
IB Bom.636.
I might add, - with reference to the suggestion
in Mr. Walton’s note of 26th July, 1940 to the effect
that it may be desirable to amend D/R 6 so as to bring
it in line with the Indian Rule (26(1)), - that such
an amendment, though useful, would not necessarily
completely meet all difficulties. It has, for
example, been held in Bombay x that the somewhat similarly
worded section of the Foreigners Act, 1864, (under
which a foreigner may be ordered to remove himself
”by/

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Content

This file concerns the British Government's response to what are described as 'disloyal and defeatist' comments made by Harry St John Bridger Philby to Allied and neutral officials in Saudi Arabia on the subjects of British policy in the Gulf and the Allied forces' war efforts. (The abbreviation 'Qn' in the title stands for 'Question'.)

The file includes extensive discussion about whether Philby's Indian Civil Service pension can and should be withheld on the grounds of 'grave misconduct'.

The correspondence also covers the following:

  • Whether, as an alternative measure, the British Government should seek to prevent Philby from travelling to territories where his views would be 'an embarrassment to British interests.'
  • Details of Philby's service as Chief British Representative in Transjordan Used in three contexts: the geographical region to the east of the River Jordan (literally ‘across the River Jordan’); a British protectorate (1921-46); an independent political entity (1946-49) now known as Jordan between 1921 and 1924.
  • Ibn Saud's [‘Abd al-‘Azīz bin ‘Abd al-Raḥmān bin Fayṣal Āl Sa‘ūd] views on Philby.
  • Arrangements for Philby to be arrested upon his arrival in Karachi, under Section 26 (1) (b) of the Defence of India Rules, before being deported to Britain.
  • The findings of a Home Office Advisory Committee on whether Philby's forcible removal from Karachi to Liverpool in August 1940 was lawful (in the correspondence it is acknowledged that Philby was deported without a formal order having been issued under Section 26 (1) (a) of the Defence of India Rules).
  • Philby's release, following the revocation of the detention order made against him.
  • Details of the possessions seized from Philby upon his arrest.

The file's principal correspondents are the following: His Majesty's Minister at Jedda (Hugh Stonehewer Bird); the 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. , Bahrain (Hugh Weightman); 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. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (Lieutenant-Colonel Charles Geoffrey Prior); Harry St John Bridger Philby; officials of the Foreign Office, the Colonial Office, 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 Home Office, and the Government of India's External Affairs Department.

In addition to correspondence the file includes a copy of Foreign Office instructions for the impoundment of Philby's passport and a copy of Section 26 of the Defence of India Rules, as published in the Gazette of India , 3 September 1939.

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

Extent and format
1 file (122 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 123; 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.

A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English in Latin script
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Coll 6/92 'SAUDI ARABIA: Activities of H.St.J. Philby (Haji Abdullah) Qn of with-holding pension.' [‎37r] (77/255), British Library: India Office Records and Private Papers, IOR/L/PS/12/2165, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100074457097.0x000050> [accessed 24 April 2024]

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