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File 1355/1917 Pt 6 'Arms Traffic Convention: revised convention, 1925' [6r] (16/1226)
The record is made up of 1 volume (609 folios). It was created in 19 Feb 1925-29 Apr 1926. It was written in English and French. 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. .
Transcription
This transcription is created automatically. It may contain errors.
the Government would have regard to several matters; thev might include the
general international situation as to traffic in arms at the time, the gravitv of
tlie dangei to India which might be apprehended from the consignment, the
source and trustworthiness of the information upon which the proposal to
search was based, the degree of disturbance of cargo which would be required,
and the practical capacity of the port concerned and the authority available
theie loi conducting and enforcing the search, and for finishing it in a
leasonable time. In a case in which the consignment was dangerous, not to
India, but to some other country, a relevant consideration would be the decree
of supervision exercised at ports, British and foreign, out of India. It must
be recognised lhat there would occasionally be fruitless searches (though these
should be extiemely rare) and that there might sometimes be claims for
damage and demurrage. This possibility would have to be faced, and the
risk would be comparatively small if the search were in no case ordered before
the grounds for it had been thoroughly examined, and were conducted with
method and expedition.
8 . Accouung to my reading of the existing Indian law, goods not intended
to >e landed in India but brought in to a British Indian port on a ship, fall
within the terms of section 19 of the Sea Customs Act, 1878; and the powers
given to officers of customs under (for instance) section 69 of that Act would
gi\e legal authoiity for any search that w T as ordered. Moreover, the bringing
of arms and ammunition on a ship into such a port, even if it is not intended
to land them, is and appears to be recognised by Schedule III to the Indian
Aims Buies, 1921, as being importation” within the meaning of section 6 of
1 ic ndian Aims Act, 18<8; and the carrying of them out of harbour again,
even if they have not been landed, is “exportation.” In Your Excellency’s
telegram of the 16th T)ecember last doubt is expressed regardino 1 this
interpretation of the words of the Arms Act. If there is any doubt upon this
°p ( i ) ^ ler P°i n t, then in ray opinion an early opportunity should be taken
of legislating to make the meaning of the law clear, and the same opportunity
might be used for correcting the legal position as to search at Aden, to which
at present ceitain sections, including section 69, of the Sea Customs Act do
not apply. In this connection reference might be made to my telegram of
the 13th January, No. 107, regarding the control of the drug traffic.
After the legal meaning of “importation” and “exportation” has been
made clear, whether by legislation or otherwise, it w r ill be possible for the
Indian Goveinment at any time of emergency to control definite undesirable
classes of traffic, il carried in vessels which touch at Indian ports, bv means of
notifications similar to the proclamations issued in July 1921 and June 1922 in
the Straits Settlements.
9. I he giadual accumulation in eastern countries of masses of dangerous
aims - and huge supplies of ammunition is a menace to the stability of all
existing Go\ era men ts in those parts and to the safety and well-being of the
indigenous populations. Jour Excellency’s Government is assured of mv
support m all well-considered action for controlling and diminishing the
supplies even if it becomes necessary on occasion to use means which, though
justified by law r , are in appearance severe or vexatious.
10 . I he overriding consideration in dealing with the question, more
important than possible hindrance to trade or the creation of temporary
difficulties with foreign countries or business interests, is the maintenance by
all reasonable and legal means of the public security and peace in India and
on its borders.
I have the honour to be,
My Lord,
\our Lordship’s most obedient humble Servant,
(Signed) Birkenhead.
About this item
- Content
The papers in this volume relate to the revised international Arms Traffic Convention (1925).
The papers include: The right to supply munitions to the governments of Afghanistan, Nepal and Tibet should they fall within the ‘prohibited zone’, 11 December 1924; the preference for including all countries bordering India (except Siam) in the prohibited zone should Russia decide to adopt the Convention, and potential British support for Persia’s claim to exclusion from the zone should Russia decide to reject the Convention, 3 February 1925; the exclusion of Persia and Afghanistan from the prohibited zone, and possible arrangement of imports through Bushire [Bushehr], Mohammerah [Khorramshahr] and Karachi, 18 February-12 March 1925; the proposed abandonment of the term ‘prohibited’ areas to induce Turkey and Persia to join the Convention, and empowerment of the governments of the countries bordering India, 24 March 1925; the readiness of HMG Her or His Majesty’s Government in London. to support Persia’s request for exclusion from the prohibited zone in order to ensure the strict regulation of the private arms trade from Russia to India via Persia, 5-11 April 1925; the Government of India’s objections to Article 25 of the Convention, 11-30 April 1925; the Conference on Supervision of the International Trade in Arms and Ammunition, Geneva, 6 May-17 June 1925; the report on the proceedings of the Inter-Departmental Committee assembled to consider the draft Convention for Control of the Trade in Arms, Ammunition and Implements of War produced by the Temporary Mixed Commission of the League of Nations, with annexes including drafts of the Convention by the Temporary Mixed Commission and the Inter-Departmental Committee, and a minute by the Secretary of State on the Arms Traffic Conference, 23-28 April 1925; the protocol on the use of asphyxiating, poisonous and other gases in times of war, 20 May-14 June 1925; the list of countries designated as ‘special zones’ in the Arms Traffic Convention, 25-27 May 1925; the proposal of the Persian delegate Mīrzā A title of honour originally applied to princes, later to military leaders, and later still to secretaries, chieftains, and other ‘gentlemen’. Reżā Khan Arfaʿ al-Dawla, 29 May-6 June 1925; the nomination of a Jurist Committee by the Bureau for the purpose of determining the status of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. in international law as the best means of dealing with the Persian delegation, 4-11 June 1925; the Persian amendment to the second paragraph of Article 15 of the Convention, 8-9 June 1925; the protest of the High Commissioner for Iraq at the inclusion of the country in a special zone, 8-25 June 1925; the vote on the inclusion of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. and Gulf of Oman as special zones, 11-15 June 1925; the declaration on the manufacture of arms, ammunition and implements of war, 8 June 1925; the general report on the League of Nations’ Conference for the Supervision of the International Trade in Arms and Ammunition and in Implements of War, including the texts of the Convention, Statement regarding the Territory of Ifni, Protocol on Chemical and Bacteriological Warfare, Protocol of Signature, and the Final Act, dated at Geneva, 14 June 1925 (texts in French and English); the statement of Sir Percy Cox on the Persian arguments concerning maritime zones, and the response of the Persian delegate General Habibullah Khan [Ḥabib Allāh Khan Shāybanī], 15 June 1925-28 January 1926; the inspection of ships at Indian ports and interception of arms bound for China, 22 October 1925-29 April 1926.
The volume also includes a decree by the Shah of Persia, Muẓaffar al-Dīn Shāh Qājār against arms trafficking, signed on his behalf by the Ṣadr-i Aʿẓam, Mīrzā A title of honour originally applied to princes, later to military leaders, and later still to secretaries, chieftains, and other ‘gentlemen’. ʻAlī Aṣghar Khān Amīn al-Sulṭān, dated 1 January 1900 (in French).
The correspondence in this volume is primarily between the Viceroy, Foreign and Political Department; Secretary of State for India; Under-Secretary of State for Foreign Affairs; Under-Secretary of State, 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 Admiralty; Richard William Alan Onslow, 5th Earl of Onslow; HM Consul Geneva; War Office; 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. ; Colonial Office; Sir Percy Zachariah Cox; Sir Frederic Arthur Hirtzel; Secretary of State for the Colonies.
- Extent and format
- 1 volume (609 folios)
- Arrangement
The papers are arranged in approximate chronological order from the rear to the front of the volume. The subject 1355 (Peace Settlement: The Arms Traffic Convention 1919) consists of four volumes, IOR/L/PS/10/672-675. The volumes are divided into 6 parts; with part 1 comprising one volume, parts 2, 4 and 5 comprising the second volume, part 3 comprising the third volume, and part 6 comprising the fourth volume.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 610; 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. The file has one foliation anomaly, f 242a.
- Written in
- English and French in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/10/675
- Title
- File 1355/1917 Pt 6 'Arms Traffic Convention: revised convention, 1925'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:59v, 114r:121v, 122v:136v, 137v:142v, 185r:242v, 242ar:242av, 243r:254v, 255v:261v, 265v:307v, 312v:391v, 393v:411v, 412v:471v, 477v, 482r:496v, 503v:526v, 527v:547v, 559v:601v, 605r:609v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence