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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎6r] (11/635)

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The record is made up of 1 file (314 folios). It was created in 18 Jul 1935-8 Jun 1935. 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.

Transcription

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(2) If a question arises whether any place is within the limits of this
Order or whether any person is a British protected person or a foreigner
as defined in this Order, such question may be referred by the Court to
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. , and a certificate under his hand and seal shall
be conclusive on the question, and judicial notice shall be taken thereof.
9. All His Majesty’s jurisdiction exercisable within the limits of this
Order for the hearing and determination of criminal and civil matters,
or for the maintenance of order or for the control or administration of
persons or property, or in relation thereto, shall be exercised under and
according to the provisions of this Order, so far as this Order extends
and applies.
10. Every judge and ofiBcer of the Courts established under this Order
shall, as far as there is proper opportunity, promote reconciliation and
encourage and facilitate the settlement in an amicable way, and without
recourse to litigation, of matters in difference between persons subject to
this Order, or between persons subject to this Order and persons within
the limits of this Order who are not subject to this Order.
Part II. —Application of Law of British India and of the United
Kingdom.
11. —(1) Subject to the other provisions of this Order His Majesty's
criminal and civil jurisdiction in Qatar shall, so far as circumstances ad
mit, be exercised on the principles of, and in conformity with, the
enactments for the time being applicable as hereinafter mentioned of the
Indian Legislature, and of the Bombay Legislature, and in accordance
with the powers vested in and the course of procedure and practice
observed by and before the Courts in the Province of Bombay beyond the
limits of the ordinary original jurisdiction of the High Court of Judicature
at Bombay, according to their respective jurisdiction and authority, and
so far as such enactments, powers, procedure and practice are inapplicable
shall be exercised in accordance with justice, equity, and good conscience.
(2) The enactments mentioned in the Schedule to this Order shall as
from the commencement of this Order apply to all persons subject to this
Order, but subject to the following exceptions, adaptations and modifica
tions : —
(i) The Indian Merchant Shipping Act, 1923: —
(а) This Act shall apply only to pilgrim ships registered in any
part of His Majesty’s dominions, protectorates, protected
states or mandated territcries.
(б) All references in this Act to “British Ihdia" and the “Pro
vincial Government” shall be construed as if they were
references to “the limits of ‘The Qatar Order in Council A regulation issued by the sovereign of Great Britain on the advice of the Privy Council (in modern practice, upon the advice of government ministers). ,
1939’ ” and the “Political Resident” respectively, and the
reference in section 219 (1) to the “Central Government”
shall be construed as a reference to the “Pclitical Resident
with the previous consent of the Central Government.”
(c) For the purpose of facilitating the application of this Act,
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. may, by order in writing, direct by
what officers any authority or power shall be exercisable,
and such order shall have effect as if enacted in this
Order.

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Content

Correspondence, minute papers, and notes relating to the issue of The Qatar Order in Council A regulation issued by the sovereign of Great Britain on the advice of the Privy Council (in modern practice, upon the advice of government ministers). , 1939. The correspondence is mostly between officials at the Foreign Office, 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 Residency A diplomatic office of the British Government established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. , and the Government of India, Foreign and Political Department (later, External Affairs). The papers concern the discussion of the need for the order, its drafting, issue, and distribution, as well as its revision in 1939.

Correspondence with the Shaikh of Qatar, Abdullah bin Jassim Al Thani [Shaikh ‘Abdullāh bin Jāsim Āl Thānī], is also included and mostly relates to his wish for assurance of his jurisdiction over Muslim foreigners.

A copy of the order is found on folios 138-153. A copy of the Kuwait Order in Council A regulation issued by the sovereign of Great Britain on the advice of the Privy Council (in modern practice, upon the advice of government ministers). is also included, for reference purposes (folios 271-86).

Extent and format
1 file (314 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 317; 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. Two additional foliation sequences are also present in parallel between ff 2-103 and ff 104-316. These are also both written in pencil and located in the top right corner of each folio. The former have been circled and crossed out, the latter have not been circled.

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English in Latin script
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Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎6r] (11/635), British Library: India Office Records and Private Papers, IOR/L/PS/12/3322, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100076249766.0x00000e> [accessed 8 December 2019]

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