Coll 25/18 'Orders-in-Council: Qatar: Jurisdiction over foreigners in Qatar' [‎290v] (580/635)

Lor. i, pp. 938-9 i2.
Lr. from Pol. Ros.
to G. of L, No. 420,
of 17 Dec. 1904:
P. 293/05.
F.O. Desp. of 5 Dec.
1904, No. 261:
P. 3540/04.
Lr. from Pol. Res.
to G. of I., No. 421,
of 17 Dec. 1904,
para. 26 : P.293/Oo.
P. 293 05.
Lr. from Pol. Res. to
G. of 1., No. 1863,
d. 31 July 1909.
5 . No dispute involving the question of jurisdiction over foreigners
appears to have arisen in Bahrein, until 1904 . In 1904-5 two incidents
affecting foreign subjects took place in the Islands. In the first of these, a
German subject—an employee of Messrs. Wonckhaus—became involved in a
brawl, in the course of which he suffered personal injuries, bailing, as he
thought, to secure adequate redress through the Bolitical Agent, to whom
his first complaint was addressed, Mr. Wonckhaus made representations to
the German Consul at Basra, who addressed the Sheikh direct on the
subject. His Excellency, in reply, acknowledged the letter and added,
“ I have now to inform you that this matter is before the British Government,
and 1 cannot say anything on the subject.” The Foreign Office at a later
stage instructed the Charge d’Affaires at Berlin that, should representations
be made to him in the matter by the German Government, he should state
that it had been brought to the notice of His Majesty’s Government, and that
a British ship would be sent to Bahrein in order that an inquiry mi gilt 1 )e
instituted. The German Government do not appear to have taken any
action. The German Consul at Basra subsequently thanked the Bolitical
Resident “for your efficient help to the German firm, which, I trust, settles
the ease.”
G. In the second case (November 1901 ), an accidental quarrel having
arisen between a retainer of the Sheikh’s nephew and a Bersian, attacks
were made upon Bersian subjects in Bahrein. Apprehensive that the Sheikh
would endeavour to deal with the case in the local Courts, they telegraphed
for support to the Shall, and conversations took place between His Majesty’s
Minister and the Mushir-ud-Dowleh, as the result of which the latter
telegraphed to the Bersian community urging them to keep calm, as “ I
have had a long talk with the British Minister . . . and I am sure he will
take early steps to get the affairs settled and the culprit punished.” The
Sheikh, however, adopted an uncompromising attitude on the question of
jurisdiction, maintaining that he would not admit any interference “ in cases
between Arabs and Bersians, who were all Mohammedans,” and that they
must go before the local Shara Courts, which, composed as they were of
Sunnis, were unlikely to do justice to the Shiah Bersians. Argument
proving unavailing, an ultimatum was presented to llis Excellency. He
accepted tlie demands of His Majesty’s Government, and though no specific
reference to the point was made in the ultimatum, the jurisdiction of the
Bolitical Agent appears thenceforth to have been definitely established, as a
a matter of practice, in respect of British and foreign subjects in Bahrein.
7 . Correspondence took place between 1908 and 1911 in regard to the
preparation of an Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. to confer jurisdiction over British
subjects and foreigners in the Islands on the Bolitical Agent at Bahrein.
It was decided that it was desirable to obtain a formal request from the
Sheikh that he should be relieved of jurisdiction over foreigners. After
discussion with 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. , His Excellency addressed the latter on
10th July 1909 , in the following terms :—“ After compliments. It is not
hidden from you that I have had considerable trouble in many cases (that
arose) in my territory in which foreigners were involved. For this reason
I wish that I may not be held responsible in these cases, and I would
be grateful to British Government if they remove this trouble and
responsibility from me. I mean that it (the British Government) should
exercise authority in all cases in which the foreigners only are concerned,
but not in other cases ; and in cases that occur between foreigners and my
subjects, it is necessary that you and 1 should settle them jointly.”
8. The Bolifical Resident remarked, with reference to the reservation
contained in the concluding sentence of the Sheikh’s letter, “As its elfect is
simply that such cases will be disposed of by the joint Court, and gives
foreigners the same treatment that British subjects now receive, there seems
no need for exception to be taken to it.”
9 . The Sheikh subsequently represented that his letter of 10 th July
1909 , giving jurisdiction over foreigners to the British Government, was
intended only “to cover subjects of recognised Bowers and not the
dependents of petty Arab potentates in Gulf, with some of whom he claims