"ملف ١٦/٤ الشحن الياباني في الخليج الفارسي ١٩٣٤/٥/٢١ إلى ١٩٤٠/٧/٣ I" [و‎‎١‎٧‎٤] (٧٧٦/٣٤٩)

India Office,
Wlii t e hal 1, 3. W. 1.
f 2 ,8426/37. 1st January, 1938.
Dear Seal,
Would you kindly refer to your letter Ho.M.04446/37
of the 13th November, regarding the possible activities of
the Japanese trawler n Shinkyo Maru M in the Persian Gulf.
As regards your first point I should explain that the
i
' o
.^Instructions to Sir Robert Craigie were only intended as a
diplomatic alternative to a definite prohibition. Please
see paragraph 4 of my letter to Brenan of the 28th October,
C No.P.Z.6894/37. Powle was certainly confident, when
discussing the matter here in the autumn, that the Shaikhs
would not disregard our advice and permit fishing by the
Japanese. It is perhaps worth noting here that in the
correspondence leading to the reference to the Law Officers
in 1905 on the subject of the pearling banks it was stated
by the Government of India that M the principal Chiefs have
in the past expressed the view that the fisheries are common
property and that no Chief has, therefore, the right to
grant any concession to outside parties". A valid concession
could therefore not be obtained by a foreigner from any one
Ruler. Further, in the summer of 1911 an assurance was
obtained from all the Arab Shaikhs that they would not respond
to overtures from any quarter for concessions for fishing on
pearl banks over which they possess rights without first
consulting-the Political Resident. We think in the
circumstances you will agree that there is no need to rear
any untoward consequence in practice from the formula proposed
to be used in a communication to the Japanese Government.
As regards your second point we agree that it might
be undesirable to supply the Japanese with detailed charts