File 4011/1923 Pt 1 'PERSIAN GULF NEGOTIATIONS 1928-33. BASIDU.' [‎45r] (94/1306)

and that if he persisted he should not be allowed to come within British
territory.”
(h) Throughout the war of 1914-19, in which Persia was a neutral, Basidu
was part of the British war area and was used to such extent as was necessary for
war purposes by His Majesty’s Government without protest from Persia. Little
importance can, however, be attached to this, the station of Henjam, which is
admittedly Persian territory, having been similarly used, and British troops
having freely operated elsewhere on Persian soil from time to time during
the war.
(i) In 1930, the Director of Customs at Lingah was informed in writing by
the local British naval officer in command that the territorial waters of the
concession were British territorial waters, and was required (a demand with which
in fact he complied without delay, though it is not clear whether his prompt
compliance was the result of acceptance of British claims or of the completion
of the work on which he had been engaged) to remove his dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. from British
territorial waters (i.e., the territorial waters of the British concession area) to
Persian waters. No protest was received against the action of the local British
authorities or the claim to British sovereignty over or control of the concession
area and its territorial waters which the letter in question constituted. There is
no evidence, however, to show whether the British naval officer’s communication
was or was not communicated to the Persian Government.
(j) From 1908 until 1932 a statement appeared in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. Pilot
to the effect that Basidu was “ a British possession.” This publication, which
is an official one prepared by the Admiralty, is on public sale, but it must be
borne in mind that the Persians are not a seafaring nation, and it cannot be
regarded as certain that the Persian Government were aware of this fact. The
statement has recently been amended to say that Basidu is “in British
possession.”
10. As will be seen from the incidents to which reference is made in the
preceding paragraph, His Majesty’s Government, even on the assumption that
the rights derived from the original grant amounted to something less than full
sovereignty, are able, in considering their legal position and rights at the present
day in Basidu, to point to unchallenged occupancy of over a century, and to a
long series of acts to which no exception has been taken by Persia. You are
requested to consider whether the cumulative effect of these circumstances can
be regarded as establishing : {a) The full sovereignty of His Majesty’s Government
at Basidu by prescription; or (b) a title to their continued occupancy on existing
terms; or (e) justification for the surrender, or modification of the terms of
occupation, of 'the area, by His Majesty’s Government, only (i) on their own
conditions, or (ii) in return for a substantial quid 'pro quo.
11. On the other hand, in considering the question of the rights and
privileges exercised in the past by the British authorities in the concession area,
and in assessing the importance to be attached to the fact tnat the exercise of these
rights and privileges has not been challenged by the Persian Government, it may
be material to bear in mind that during the nineteenth century and until recent
years the authority of the Persian Government and their officials, not only at
Basidu, but throughout the Persian area of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , was of a most
shadowy character, and that British predominance in the Gulf was such that
whatever the Persian Government and their local officials may have believed to
be the true legal status of the concession, it is possible that they would not, in
practice, have ventured to question the British de facto position. Moreover, until
quite recentlv, the authority of the central Government in Persia was so weak that
many apparent derogations from Persian sovereignty, which have now been
brought to an end, were allowed to pass unchallenged. On the other hand, while
their effective control was small, on repeated occasions during the period now
under consideration they took steps, either in correspondence, oi (in t\\o cases) )\
force, to maintain or assert their claims to sovereignty over other territorial areas
in the Gulf. It is relevant to add that between 1820 and 1871 attention was
particularly focussed on the position of Bandar Abbas and its dependencies.
is a matter for your appreciation to what extent, if at all, the above considerations
may affect the argument set out in paragraphs 9 and 10. Nevertheless, whate\ei
the attitude of the Persian Government may have been in the past, they have now
definitely intimated in a written note that they regard the whole area of tn?
Island of Qishm, including British Basidu, as being under Persian sovereignty.