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File 4011/1923 Pt 1 'PERSIAN GULF NEGOTIATIONS 1928-33. BASIDU.' [‎14v] (33/1306)

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The record is made up of 1 volume (649 folios). It was created in 22 Oct 1923-29 Nov 1933. It was written in English, French and Arabic. 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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UPMBBT
Agreement of 1864, moreover, was deliberately inserted in order to put on record
the British title to Basidu. On examination, however, an argument >ased ° n
mMe breaks down as it clearly refers the British title to he grant of 1820
and not to length of uninterrupted possession amounting to an exercise of
sovereignty. So far as the occupation of Basidu, notwithstanding the firman A Persian word meaning a royal order or decree issued by a sovereign, used notably in the Ottoman Empire (sometimes written ‘phirmaund’). of
1855 and the Treaty of Paris, is concerned, this is not sufficient in our opinion
in the conditions of the time to make the British occupation of Basidu take the
form of the exercise of British sovereignty. «
It becomes necessary therefore to consider the history oi the occupation from
1868 down to the present date. We are informed that the British nag has
continued to fly there without interruption, that Basidu was occupied by a British
garrison down to 1883, and thereafter down to 1913 as a naval station, principally
for the purposes of a coal depot, and that from 1913 to the present time British
naval parties have engaged in “beating the bounds” of the somewhat
indeterminate territory known as British Basidu. If at or shortly alter 1808
a piece of territory had been occupied with a clear intention to exercise
sovereignty, and this had not been challenged at any time during a period of
fifty years thereafter, we think there would have been a strong case for claiming
sovereignty by prescription. These, however, are not the facts here. Fhe
occupation after 1868 was a continuation of the same nature as the previous
occupation which, for the reasons we have given, did not take the form of an
exercise of sovereignty. .
We have taken into consideration all the facts put before us, including the
incidents which have taken place in recent years, and we have come to the
couclusion already expressed that there is not sufficient evidence to establish a
British title to Basidu either by prescription or otherwise.
(b) and (c). We cannot see any reason, if our answers to the first two
questions are accepted, for claiming that British Basidu should only be
surrendered on terms. It is either British or it is not, and there is nothing in
the nature of a lease to justify occupation if the Persian Government insist on
their right.
(d) and (e). We see no grounds on which His Majesty’s Government can
claim the right, apart from agreement, to occupy British Basidu and exercise
jurisdiction over the area in question and adjoining territorial waters, either in
time of peace or time of war.
The question submitted to us as to a prescriptive title is difficult and the
answer is not entirely free from uncertainty. The arguments in favour of a
prescriptive title, or of estoppel preventing Persia from asserting a national
title over the disputed territory, are in our opinion sufficiently strong (although
we do not think they would prevail in the event of a reference to an international
tribunal) to strengthen the hands of His Majesty’s Government in any
negotiations they may think proper.
We have, &c.
T. W. H. INSKIP.
DONALD SOMERVELL.

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Content

This volume relates to the British occupation of Basidu, situated on Kishm [Qeshm] Island in the Gulf, close to the south coast of Persia [Iran], and occupied by the British since the early 1820s. It is stated in the correspondence that the site had been used mainly as a coal depot for British naval vessels until 1913, and that since then it has been retained on 'political grounds', as a potential bargaining asset in negotiations with Persia.

The correspondence primarily concerns the British claim (or lack thereof) to Basidu, in the event of the Persian Government questioning Britain's ongoing occupation. It covers the history of Basidu's status and the various existing agreements that relate to it, as part of an attempt by the British to gather documentary evidence to support their claim. Also discussed are a number of reported incidents at Basidu, involving British representatives and the local Persian authorities, mainly regarding customs, taxes, and the presence of the British naval guard. In addition, the correspondence touches on Anglo-Persian relations in general, with occasional references being made to ongoing treaty negotiations between the two countries.

The volume's principal correspondents are as follows: 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. ; the British Minister in Tehran; the Senior Naval Officer in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; officials of 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 Foreign Office, the Admiralty, and the Government of India's Foreign and Political Department. Other notable but less frequent correspondents include the following: the Foreign Secretary to the Government of India; the Viceroy of India; the Commander-in-Chief of the East Indies Station; the Law Officers of the Crown.

Included with the correspondence are several related documents, including the following: two sketch maps (f 622); copies (in English and Arabic) of a treaty dated 1856 between Muscat and Persia, in which the Imam of Muscat acknowledges Kishm Island as being part of the Persian Empire (f 179 and ff 221-223); draft and final copies of an 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. memorandum dated 18 October 1933, outlining Britain's understanding of the history of the status of Basidu from 1720 to 1928, including extracts from nineteenth century reports and related correspondence (ff 46-54 and ff 123-159); a submission of reference, prepared by 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. and the Foreign Office, for the Law Officers of the Crown, requesting the latter's legal opinion on the strength of the British claim to Basidu (ff 43-45 and ff 67-83); a copy of a secret report on Basidu, prepared by the Commander-in-Chief at the East Indies Station, containing extracts from the East Indies Station's records and notes from the Senior Naval Officer in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (ff 16-38).

The Arabic language material consists of the aforementioned treaty text. The material written in French consists of small extracts from correspondence and treaty articles. It should be noted that there is no material covering the years 1924 and 1925.

The volume includes two dividers, which give a list of correspondence references contained in the volume by year. These are placed at the back of the correspondence (ff 4-5).

Extent and format
1 volume (649 folios)
Arrangement

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

The subject 4011 ( Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Negotiations) consists of two volumes, IOR/L/PS/10/1094-1095. The volumes are divided into two parts, with each part comprising one volume.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 651; 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.

Written in
English, French and Arabic in Latin and Arabic script
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File 4011/1923 Pt 1 'PERSIAN GULF NEGOTIATIONS 1928-33. BASIDU.' [‎14v] (33/1306), British Library: India Office Records and Private Papers, IOR/L/PS/10/1094, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100077104051.0x000022> [accessed 28 March 2024]

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